Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1962

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.

SANKATHA SINGH vs STATE OF U.P. · Niyam