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september 1986

Supreme Court of India · 1986-09-30

PANDURANG & ORS. vs STATE OF MAHARASHTRA

Citation / case number
SC 1986/69785
Court
Supreme Court of India
Petitioner
PANDURANG & ORS.
Respondent
STATE OF MAHARASHTRA
Bench
THAKKAR, M.P. (J)

Judgment text excerpt

The Supreme Court held that a judgment rendered by a Single Judge in a matter that should have been decided by a Division Bench is a nullity due to total lack of jurisdiction, as per Rule 1 read with Rule 2-H(e) of the Bombay High Court Appellate Side Rules 1960. The Court emphasized that the accused-appellants had a right to be heard by at least two judges, and this right cannot be arbitrarily denied. Consequently, the impugned judgment was set aside, and the appeal was remanded to the High Court for hearing by a Division Bench.

PANDURANG & ORS. vs STATE OF MAHARASHTRA · Niyam