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1953 Supreme(SC) 107

B.K.MUKHERJEE, N.H.BHAGWATI, VIVIAN BOSE
Surendra Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.P.LAL, G.C.MATHUR, Jai Gopal Sethi, K.P.GUPTA, NAUNIT LAL, OMKAR NATH SRIVASTAV

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The delivery of judgment is a solemn judicial act that must be performed in open court, and it signifies the final decision of the court. The judgment is considered delivered when it is formally announced or pronounced in a manner that clearly expresses the court's decision (!) (!) .

  2. The date of delivery of judgment is the date on which the judgment is pronounced or formally declared in open court, not the date it is signed or prepared (!) (!) .

  3. Judges have the right to change their mind up until the moment the judgment is delivered. Once the judgment is pronounced, it becomes final and cannot be altered without hearing the parties, except for clerical errors (!) .

  4. The act of delivering judgment involves a formal declaration of the court's decision, which must reflect the actual intention and mind of the court at that time. Any irregularities in the mode of delivery are curable, provided the core judgment has been properly expressed in a judicial manner (!) (!) .

  5. The delivery of judgment requires the presence of the judge or at least their existence as a member of the court at the time of delivery, so they can participate or intervene if they wish to alter their decision (!) .

  6. Draft judgments or opinions expressed by judges before the formal delivery are not considered final judgments until they are officially pronounced in open court. Judges who have retired or died before the judgment is delivered cannot participate in the delivery or be considered as having delivered the judgment (!) (!) .

  7. Once a judgment has been delivered, it becomes operative and binding. Any subsequent alteration or review is limited and must follow the proper legal procedures, which include notice to the parties and, where applicable, rehearing. The death of a judge before judgment delivery does not invalidate the judgment if it has been properly delivered (!) (!) .

  8. In cases where a judge dies before the judgment is delivered, the judgment delivered by the remaining judge(s) is invalid if the deceased judge’s participation was essential. This underscores the importance of the presence and active participation of all judges involved at the time of judgment delivery (!) .

  9. If a judgment is found invalid due to procedural irregularities, such as the death of a judge before delivery, the case must be reheard and a proper judgment must be delivered by a valid bench (!) .

  10. The case is to be remanded for rehearing and proper judgment delivery, emphasizing the importance of procedural correctness and the formal act of judgment delivery in establishing finality and legal validity (!) .

  11. The order for stay and the status of the sentences are affected by the validity of the judgment. If the judgment is invalid, the sentences cannot be executed, and the parties are to be restored to their original positions before the appeal (!) (!) .

Please let me know if you need further analysis or clarification on any specific aspect.


Judgment

BOSE J. : We have three appellants before us. All were prosecuted for the murder of one Babu Singh. Of these, Surendra Singh alone was convicted of the murder and was sentenced to death. The other two were convicted under section 225, I. P. C. Each was sentenced to three years regorous imprisonment and to a fine of Rs. 200.

2. All three appealed to the High Court at all High Court at Allahabad (Lucknow Bench) and the appeal was heard on 11-12-1952 by Kidwai and Bhargava JJ. Judgment was reserved. Before it could be delivered Bhargava J. was transferred to Allahabad. While there he dictated a "judgment" purporting to do so on behalf of himself and his brother Judge, that is to say, it purported to be a joint judgment he used the pronoun "we" and not "I". He signed every page of the judgment as well as at the end but did not date it. He then sent this to Kidwai J. at Lucknow. He died on 24-12-1952 before the "judgment" was delivered. After his death, on 5-1-1953 his brother Judge Kidwai J. purported to deliver the "judgment" of the Court. He signed it and dated it. The date he placed on it was 5-1-1953. Bhargava J. s signature was still there and anyone reading the judgment





























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