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january 1979

Supreme Court of India · 1979-01-24

SITA RAM & ORS. vs STATE OF U.P.

Citation / case number
SC 1978/90295
Court
Supreme Court of India
Petitioner
SITA RAM & ORS.
Respondent
STATE OF U.P.
Author
KRISHNAIYER, V.R.,SHINGAL, P.N.,KAILASAM, P.S.,DESAI, D.A.,KOSHAL, A.D.
Bench
KRISHNAIYER, V.R.,SHINGAL, P.N.,KAILASAM, P.S.,DESAI, D.A.,KOSHAL, A.D.

Judgment text excerpt

The Supreme Court held that Rule 15(1)(c) of Order XXI of the Supreme Court Rules, 1966, which allows for the summary dismissal of appeals under Article 134 and the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is not ultra vires. The Court emphasized that Article 134 provides a constitutional right to appeal, which must be treated with greater seriousness than the discretionary powers under Article 136. The Court ruled that appeals under Article 134 cannot be dismissed summarily without a proper hearing, thus reinforcing the procedural rights of appellants in serious criminal matters.

SITA RAM & ORS. vs STATE OF U.P. · Niyam