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Report No. 141

3.18. Supreme Court judgment of 1979.-

The most important judgment of the Supreme Court is of 1979. In that case1, the High Court had (in revision) enhanced the sentence passed on the convicted person. A petition for review of that judgment was entertained by the High Court. On an appeal by the State Government, the Supreme Court held that-

(a) the High Court cannot review or revise the a judgment passed in appeal or revision except in accordance with the provisions of Code of Criminal Procedure,

(b) the inherent power of the Court (section 561A, Code of 1898) cannot be exercised for a purpose specifically prohibited by the Code.

1. State of Orrisa v. Ram Chander Agarwala, AIR 1979 SC 87 (91), para. 17.

Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back

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