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september 1969

Supreme Court of India · 1969-09-08

SHANKAR KERBA JADHAV & ORS. vs STATE OF MAHARASHTRA

Citation / case number
SC 1969/60098
Court
Supreme Court of India
Petitioner
SHANKAR KERBA JADHAV & ORS.
Respondent
STATE OF MAHARASHTRA
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that under Section 417 and Section 423(1)(a) of the Code of Criminal Procedure, the High Court has the authority to impose a sentence that the Magistrate could have originally imposed, even if it is higher than what the Magistrate actually imposed. The Court clarified that the terms 'according to law' and 'authorised by law' do not limit the High Court's powers but rather define the scope of its jurisdiction. The appeal was allowed, and the High Court's enhanced sentences were upheld as they fell within the permissible limits of the Magistrate's sentencing authority.

SHANKAR KERBA JADHAV & ORS. vs STATE OF MAHARASHTRA · Niyam