Supreme Court of India · 1962-01-25
SANKATHA SINGH vs STATE OF U.P.
- Citation / case number
- SC 1959/169
- Court
- Supreme Court of India
- Petitioner
- SANKATHA SINGH
- Respondent
- STATE OF U.P.
- Bench
- DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that under Sections 367, 369, and 424 of the Code of Criminal Procedure, 1898, an appellate court cannot order a re-hearing of an appeal it previously dismissed due to the absence of the appellants or their counsel. The court clarified that while the omission to provide a detailed judgment may be grounds for a superior court to set aside the order, it does not grant the appellate court the authority to re-hear the appeal. The inherent powers of the court cannot be exercised to contravene the explicit prohibitions of the Code.