Nichal H. Israni vs Gian Kaur And Ors on 9 April, 2021
Author: Anuja Prabhudessai
Bench: Anuja Prabhudessai
P.H. Jayani 32 WPST7750.2021 ... Nihchal H. Israni ....Petitioner
v/s.
Gian Kaur and ors. .... Respondents
Mr. Ashwin Shete a/w. Ms. Divya Tyagi i/b. Jaykar and Partners
Rathinam Vs. Union fo India (1994) 3 SCC 394
(II) Gian Kaur Vs. The State of Punjab (1996) 2 SCC 648
(III) Aruna Ramchandra Shanbaugh ... ultra vires. In the year 1996, while rendering decision in
Gian Kaur Vs. The State of Punjab (supra), the Constitution
Bench
placed reliance on the following judgments:-
i) State of Punjab vs. Gian Kaur and another , reported in
AIR 1998 SC 2809,
ii) Vilas Vikramsingh Deshmukh ... appellant has
placed reliance on cases of State of Punjab vs Gian Kaur and
another (supra) and Gajanan Hanmantu Jiddewar vs State of
Maharashtra (supra
Supreme Court by the decision in the case of Gian Kaur v.
State of Punjab (19960 2 SCC 648. In the decision in the case ... Gian Kaur
10 /12
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judgment in appeal 765-05.doc
(supra) the Supreme Court held that Section
larger Bench of the Apex Court in the matter of Smt. Gian Kaur v. State of Punjab , , it was necessary for the trial Court ... Patnaik's case and while deciding the matter in Smt. Gian Kaur 's case (supra) held that section
next reliance is placed upon ruling in State of Punjab
v. Gian Kaur and anr reported
subsequent decision, the Constitution Bench of five Judges in Gian Kaur (Smt.) v. State of Punjab , specifically and expressly overruled P. Rathinam. Speaking
submitted that in the case of State of Punjab v. Gian Kaur and Anr. , , the Court observed that in respect of credibility of a dying ... learned counsel for the appellant in State of Punjab v. Gian Kaur (supra), the learned A.P.P. has drawn our attention to the thumb
Supreme Court in the case of State of Punjab v. Gian Kaur
and another reported in AIR 1998 SC 2809 :
"5. The High Court
Apex Court in the case of State of Punjab v. Gian Kaur and Anr. II (1998) CCR 38. We do not find substance in this