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Gulab and ors. Vs. State of Maharashtra - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 247 of 1972
Judge
Reported inAIR1977SC1913; (1977)1SCC495; 1978(10)LC61(SC)
ActsIndian Penal Code (IPC) - Sections 302
AppellantGulab and ors.
RespondentState of Maharashtra
Excerpt:
.....so as wholly to displace its original value even in respect of its share which it continued to own. [654 b-d] the tribunal therefore, had rightly held that in respect of the 6/16th share of the other branch, depreciation had to be allowed to the appellant on the basis of the auction price. the high court wrongly interfered with this finding the revenue not having appealed against it. on the appellant's 10/16th share, which the appellant could not be said to have purchased, depreciation had to be calculated on the basis of original cost to the larger family. [654 e-g] case law discussed......but where some arguable issues of fact or law arise, we think it would be desirable if the high court gives reasons for summarily dismissing an appeal.2. we accordingly allow the appeal, set aside the order of summary dismissal passed by the high court and remand the case to the high court so that the high court may admit the appeal, issue notice to the state and after hearing the parties, dispose of the appeal in accordance with law. since the paper bocks have already been printed in this court, sufficient number of copies may be forwards d to the high court in order to avoid further expense to the parties by way of preparation of the appeal paper bock in the high court. since the case is an old one and the appellants have been languishing in jail for an number of years, we would.....
Judgment:

P.N. Bhagwati, J.

1. This appeal by special leave is directed against an order passed by the Nagpur Bench of the High Court of Bombay summarily dismissing an appeal preferred by the appellants against an order passed by the Third Extra Additional Sessions Judge, Nagpur convicting them of the offence under Section 302 of the Indian Penal Code and sentencing them to suffer life imprisonment. The appeal was dismissed by the High Court summarily without giving any reasons but it does appear, and that is borne out by the fact that special leave has been granted by this Court that there are issues of fact which require some consideration and ii would, therefore, be desirable that the Order of summary dismissal should be set aside and the matter should be sent back to the High Court for the purpose of disposing of the appeal on merits after issuing notice to the other side. We may make it clear that it is not our view that in no case can the High Court summarily reject a criminal appeal without giving reasons, but where some arguable issues of fact or law arise, we think it would be desirable if the High Court gives reasons for summarily dismissing an appeal.

2. We accordingly allow the appeal, set aside the order of summary dismissal passed by the High Court and remand the case to the High Court so that the High Court may admit the appeal, issue notice to the State and after hearing the parties, dispose of the appeal in accordance with law. Since the paper bocks have already been printed in this Court, sufficient number of copies may be forwards d to the High Court in order to avoid further expense to the parties by way of preparation of the appeal paper bock in the High Court. Since the case is an old one and the appellants have been languishing in jail for an number of years, we would suggest that the High Court may dispose of the appeal at a very early date.


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