Sunderbhai Ambalal Desai vs State Of Gujarat on 18 November, 2002
Equivalent citations: AIRONLINE 2002 SC 534
Bench: M.B. Shah , D.M. Dharmadhikari
CASE ... Special Leave Petition (crl.) 2745 of 2002
PETITIONER:
SUNDERBHAI AMBALAL DESAI
RESPONDENT:
STATE OF GUJARAT
DATE OF JUDGMENT: 18/11/2002
BENCH:
M.B. SHAH
view of the verdict of the Hon'ble
Supreme Court in Sunderbhai Ambalal Desai & Ors. v. State of
Gujarat ... Sunderbhai Ambalal Desai & Ors.
v. State of Gujarat (2002) 10 SCC 290 and General Insurance
Council and Ors. v. State of Andhra Pradesh
Court. Placing reliance on the Supreme Court's
decision in Sunderbhai Ambalal Desai v. State of Gujarat ((2002) 10 SCC
283) and another decision ... Public
Prosecutor.
8. We shall start by referring to the facts in Sunderbhai Ambalal
Desai's case. The petitioners, who were certain police inspectors
been already highlighted by the Hon'ble Apex Court in SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [2003(1)CTC175], properties involved ... GANAPATHY VS. STATE OF KARNATAKA [2002 Crl. LJ 3867]
( ii) SUNDERBHAI AMBALAL DESAI VS. STATE OF GUJARAT [2003(1)CTC 175]
(iii) CANARA BANK
does not want to suffer. In view of the
judgment in Sunderbhai Ambalal Desai v. State of
Gujarat , AIR 2003 Supreme Court ... impugned order is in clear violation of the principles laid down in
Sunderbhai Ambalal Desai v. State of Gujarat , ( 2002) 10 SCC
283, Sunderbhai Ambalal
relied upon the judgments of the Supreme Court in the case
of Sunderbhai Ambalal Desai & Ors. vs. State of Gujarat , reported ... relying upon
Page No.# 12/31
two Apex Court decisions i.e. Sunderbhai Ambala Desai vs. State of
Gujrat, reported
articles.
16. Learned Counsel has placed reliance on the
following judgments:-
i. Sunderbhai Ambalai Desai v. State of
Gujarat reported ... principles laid down
by the Hon'ble Supreme Court in Sunderbhai
Ambalal Desai v. State of Gujarat [(2002) 10
SCC 283], had released other
articles.
16. Learned Counsel has placed reliance on the
following judgments:-
i. Sunderbhai Ambalai Desai v. State of
Gujarat reported ... principles laid down
by the Hon'ble Supreme Court in Sunderbhai
Ambalal Desai v. State of Gujarat [(2002) 10
SCC 283], had released other
learned judges of this Court
reported in (2002) 10 SCC 283 titled Sunderbhai Ambalal
Desai Versus State of Gujarat pertaining to interpretation
and mode ... They
further contended that despite the directions passed by this
Court in Sunderbhai Ambalal Desai (supra), as also
other
decisions 3 Judge Benches of the Supreme Court in Sunderbhai Deshpande
v Devaji Deshpande AIR 1954 SC 82 and Pullawarthy Venkatarao v
Valluri Jagannath ... Sunderbhai Deshpande (supra), which was again a judgment of three
Judges, it was held as under:
"12. The bar of 'res judicata
