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ASHOK BHUSHAN, K.M.JOSEPH
S. SREESANTH – Appellant
Versus
BOARD OF CONTROL FOR CRICKET IN INDIA – Respondent
JUDGMENT
Ashok Bhushan, J.
The sports occupy a prominent place in life of a man/woman and also in the life of a nation. It not only gives physical or moral strength to a personality but spread the message of goodwill and friendship. In the 21st Century the countries have come closer and nearer to each other and sports have become a medium of bonds. United Nations Educational and Cultural Organisation adopted in the General Conference at the twentieth session, Paris, 21st November, 1978 an International Charter of physical education and sports. The Charter contains following:
".........
Convinced that to preserve and develop the physical, intellectual and moral powers of the human being improves the quality of life at the national and the international levels,
Believing that physical education and sport should make a more effective contribution to the inculcation of fundamental human values underlying the full development of peoples,
Stressing accordingly that physical education and sport should seek to promote closer communion between peoples and between individuals, together with di
None of the cases in the provided list explicitly indicate that they have been overruled, reversed, or treated as bad law. The references primarily describe the cases' holdings or how they have been cited in subsequent decisions without explicit mention of invalidation or disapproval. Therefore, based on the provided information, there are no clear instances of bad law or overruling.
Followed / Cited with Affirmation:
Mukesh Chand Kundara Son Of Shri Sawal Ram VS Managing Director, RSRTC, Head Office, Jaipur - 2021 0 Supreme(Raj) 90, Mukesh Chand Kundara VS Managing Director, RSRTC - 2021 0 Supreme(Raj) 1158, State of Rajasthan through the Secretary, Department of Home VS Khalil Khan S/o Shri Alumuddhin Mohammeden - 2021 0 Supreme(Raj) 107, State of Rajasthan VS Mahendra Singh Ola - 2021 0 Supreme(Raj) 66, P. Selvan VS Additional Director General of Police (Law and Order) - 2019 0 Supreme(Mad) 3268, Kanwar Amninder Singh VS Honble High Court of Uttarakhand - 2019 0 Supreme(UK) 371, Committee Of Management Intermediate College VS State Of U. P. - 2023 0 Supreme(All) 1198, S. Seetharaman VS Government of Tamil Nadu, Chennai - 2020 0 Supreme(Mad) 940: These references repeatedly cite the case "The Board of Control for Cricket in India and Ors (2019) 4 SCC 660" and its principles, indicating that this case is being followed or cited as authoritative in subsequent judgments. The consistent mention of the same case suggests it remains good law and has ongoing legal relevance.
Distinguished / Referenced for Specific Points:
Sumeshwar Singh VS State of Bihar - 2019 0 Supreme(Pat) 2158, Sumeshwar Singh VS State of Bihar - 2023 0 Supreme(Pat) 167, Board of Control for Cricket in India VS Cricket Association of Bihar - 2015 5 Supreme 705, Commr. of Police, New Delhi VS Narender Singh - 2006 3 Supreme 405, Union of India VS P. Gunasekaran - 2014 0 Supreme(SC) 813, Shailesh Jasvantbhai VS State Of Gujarat - 2006 1 Supreme 389, CENTRAL INDUSTRIAL SECURITY FORCE VS ABRAR ALI - 2017 1 Supreme 572, Mukesh VS State for NCT of Delhi - 2017 3 Supreme 385: These entries reference principles or findings from other cases, including constitutional and procedural issues, but do not indicate that the earlier cases they cite have been overruled or criticized. They seem to rely on established legal principles and are likely consistent with the cited authority.
Legal Principles and Clarifications:
Several entries (Union of India VS P. Gunasekaran - 2014 0 Supreme(SC) 813, Shailesh Jasvantbhai VS State Of Gujarat - 2006 1 Supreme 389, CENTRAL INDUSTRIAL SECURITY FORCE VS ABRAR ALI - 2017 1 Supreme 572, Mukesh VS State for NCT of Delhi - 2017 3 Supreme 385) clarify legal standards or procedural rules, such as the standard of proof, scope of judicial review, or evidentiary principles, without indicating any disapproval or overruling of prior cases.
Uncertain / No explicit treatment:
Ashokkumar Ratanlal Gandhi VS Sudhir Dulichand Baheti - 2019 0 Supreme(Bom) 2122, Ashokkumar Ratanlal Gandhi VS Sudhir Dulichand Baheti - 2019 0 Supreme(Bom) 2490, Committee Of Management Intermediate College VS State Of U. P. - 2023 0 Supreme(All) 1198, Mukesh Chand Kundara Son Of Shri Sawal Ram VS Managing Director, RSRTC, Head Office, Jaipur - 2021 0 Supreme(Raj) 90, P. Selvan VS Additional Director General of Police (Law and Order) - 2019 0 Supreme(Mad) 3268, State of Rajasthan VS Mahendra Singh Ola - 2021 0 Supreme(Raj) 66, Kanwar Amninder Singh VS Honble High Court of Uttarakhand - 2019 0 Supreme(UK) 371, State of Rajasthan through the Secretary, Department of Home VS Khalil Khan S/o Shri Alumuddhin Mohammeden - 2021 0 Supreme(Raj) 107, Sumeshwar Singh VS State of Bihar - 2019 0 Supreme(Pat) 2158, Sumeshwar Singh VS State of Bihar - 2023 0 Supreme(Pat) 167, Board of Control for Cricket in India VS Cricket Association of Bihar - 2015 5 Supreme 705, Commr. of Police, New Delhi VS Narender Singh - 2006 3 Supreme 405, Union of India VS P. Gunasekaran - 2014 0 Supreme(SC) 813, Shailesh Jasvantbhai VS State Of Gujarat - 2006 1 Supreme 389, CENTRAL INDUSTRIAL SECURITY FORCE VS ABRAR ALI - 2017 1 Supreme 572, Mukesh VS State for NCT of Delhi - 2017 3 Supreme 385: These references mention the case or principles derived from it but do not specify whether the case has been overruled or criticized. Their treatment appears consistent and supportive rather than adverse or negative.
Summary:
No cases are explicitly identified as overruled, reversed, or treated as bad law based solely on the provided descriptions.
The dominant pattern is that the 2019 SCC case (The Board of Control for Cricket in India and Ors, 2019) is being followed and cited as authoritative.
The other cases mainly clarify legal principles or procedural standards without indicating any negative treatment.
Cases such as Ashokkumar Ratanlal Gandhi VS Sudhir Dulichand Baheti - 2019 0 Supreme(Bom) 2122, Ashokkumar Ratanlal Gandhi VS Sudhir Dulichand Baheti - 2019 0 Supreme(Bom) 2490, and others referencing the same SCC case do not specify treatment, leaving some ambiguity about whether they are affirming, criticizing, or merely citing.
Some entries, like Mukesh Chand Kundara Son Of Shri Sawal Ram VS Managing Director, RSRTC, Head Office, Jaipur - 2021 0 Supreme(Raj) 90, P. Selvan VS Additional Director General of Police (Law and Order) - 2019 0 Supreme(Mad) 3268, and State of Rajasthan VS Mahendra Singh Ola - 2021 0 Supreme(Raj) 66, mention the case but do not clarify if they are affirming or questioning its validity.
Overall, the treatment of these cases remains unclear regarding any negative treatment or overruling, but there is no explicit indication of bad law or overruling in the provided data.
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