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march 1951

Supreme Court of India · 1951-03-02

D. STEPHENS vs NOSIBOLLA

Citation / case number
SC 1950/11
Court
Supreme Court of India
Petitioner
D. STEPHENS
Respondent
NOSIBOLLA
Bench
AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court held that the revisional jurisdiction under Section 439 of the Code of Criminal Procedure should not be lightly exercised against an order of acquittal, particularly when the Government has a right of appeal under Section 417. The Court emphasized that such jurisdiction is reserved for exceptional cases involving public justice and not merely for misapprehensions of law or evidence. The Court found that the seamen were not 'engaged or supplied' by the Maritime Board as per Sections 25 and 26 of the Indian Merchant Shipping Act, thus acquitting the accused of the charges against him.

D. STEPHENS vs NOSIBOLLA · Niyam