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Anwar HussaIn Vs. State of Uttar Pradesh and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 167 of 1981
Judge
Reported inAIR1981SC2072; 1982CriLJ1700; (1982)1SCC491
AppellantAnwar Hussain
RespondentState of Uttar Pradesh and anr.
Excerpt:
.....shares of both branches had to be valued on the basis of the original cost to the larger family. appeal was filed before this court with certificate. held: per subba rao and sikri, jj. it may be that in strict legal theory partition may not involve a transfer, but the substance of the transaction is that an erstwhile member of a joint hindu family who has only an interest in the entire joint family property acquires an absolute title to a specific property. the cost of the property to the member at the date of partition would be the value given to it for the purpose of allotment. provided it was real, or the price at which he purchased it in auction, or the value of it ascertained otherwise. [647a-c] in the case of assessees acquiring a property by purchase, gift, bequest, or.....d.a. desai, j.1. it is admitted that in the appeal against acquittal of present appellant, anwar hussain filed by the state of u.p., no notice was served upon him and his acquittal was set aside by the high court at his back and without hearing him. this is clearly impermissible. accordingly the appeal is allowed and the matter is remitted to the high court to dispose of the state appeal filed in high court in accordance with law after notice to the present appellant
Judgment:

D.A. Desai, J.

1. It is admitted that in the appeal against acquittal of present appellant, Anwar Hussain filed by the State of U.P., no notice was served upon him and his acquittal was set aside by the High Court at his back and without hearing him. This is clearly impermissible. Accordingly the appeal is allowed and the matter is remitted to the High Court to dispose of the State appeal filed in High Court in accordance with law after notice to the present appellant


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