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In Re: Reference by the Sessions Judge of Surat - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1885)ILR9Bom352
AppellantIn Re: Reference by the Sessions Judge of Surat
Excerpt:
.....- criminal procedure code act x of 1882, section 193, clause 2--applications under chapter xxxii--sessions judge, power of, to direct disposal, by joint sessions judge, of such applications as cases transferred. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the.....nanabhai haridas, j.1. if the applications mentioned in paragraph 2 of the acting sessions judge's letter (no. 187) of 27th january, 1885, be applications for the exercise of the sessions judge's power under chapter xxxii of the criminal procedure code (act x of 1882), we think mr. thakur's view of the law to be correct. section 193, clause 2, refers only to cases which, are to be made over to the joint sessions judge for trial,
Judgment:

Nanabhai Haridas, J.

1. If the applications mentioned in paragraph 2 of the Acting Sessions Judge's letter (No. 187) of 27th January, 1885, be applications for the exercise of the Sessions Judge's power under Chapter XXXII of the Criminal Procedure Code (Act X of 1882), we think Mr. Thakur's view of the law to be correct. Section 193, Clause 2, refers only to cases which, are to be made over to the Joint Sessions Judge for trial,


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