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october 1978

Supreme Court of India · 1978-10-05

STATE OF ORISSA vs RAM CHANDER AGARWALA ETC.

Citation / case number
SC 1974/60496
Court
Supreme Court of India
Petitioner
STATE OF ORISSA
Respondent
RAM CHANDER AGARWALA ETC.
Author
P.S. KAILASAM
Bench
P.S. KAILASAM

Judgment text excerpt

The Supreme Court held that the High Court's review of its own judgment was not permissible under Section 369 of the Criminal Procedure Code, which restricts alteration or review of judgments once signed, except as provided by law. The Court clarified that Section 362 of the Criminal Procedure Code, 1974, similarly prohibits alteration or review of judgments except for clerical errors. The appeal was allowed, and the High Court's enhancement of the sentence was set aside, reaffirming the limitations on judicial review by the High Court.

STATE OF ORISSA vs RAM CHANDER AGARWALA ETC. · Niyam