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october 1959

Supreme Court of India · 1959-10-27

N. R. GHOSE alias NIKHIL RANJAN GHOSE vs THE STATE OF WEST BENGAL

Citation / case number
SC 1957/60038
Court
Supreme Court of India
Petitioner
N. R. GHOSE alias NIKHIL RANJAN GHOSE
Respondent
THE STATE OF WEST BENGAL
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the acquittal of the appellant by a Special Judge was valid and constituted a bar to further trial under Section 403 of the Code of Criminal Procedure, 1898. The Court ruled that the earlier decision of the High Court, which deemed the acquittal invalid due to the Act being declared ultra vires, was incorrect following the Supreme Court's ruling in Kedar Nath Bajoria v. The State of West Bengal. The Court emphasized that a party is not required to appeal every error in intermediate orders to preserve their rights, allowing the appellant to challenge the High Court's order in this appeal.

N. R. GHOSE alias NIKHIL RANJAN GHOSE vs THE STATE OF WEST BENGAL · Niyam