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march 1955

Supreme Court of India · 1955-03-15

BHIM SEN vs THE STATE OF U. P.

Citation / case number
SC 1954/90335
Court
Supreme Court of India
Petitioner
BHIM SEN
Respondent
THE STATE OF U. P.
Bench
JAGANNADHADAS

Judgment text excerpt

The Supreme Court held that the trial of the accused under the U.P. Panchayat Raj Act, 1947 was improperly constituted due to one accused belonging to Madhya Pradesh, violating Section 49(2) of the Act. The Court found that Rule 84, which allowed for the formation of a special bench in such cases, was ultra vires. Consequently, the jurisdiction of ordinary courts was not excluded, and the conviction under Section 379 IPC was deemed invalid.

BHIM SEN vs THE STATE OF U. P. · Niyam