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1958 Supreme(SC) 11

S. R. DASS, T. L. VENKATARAMA AYYAR, VIVIAN BOSE, A. K. SARKAR
State Of U. P. – Appellant
Versus
C. Tobit – Respondent


Advocates:
C.P.LAL, G.C.MATHUR, S.N.ANDLEY

Judgement Key Points

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

  1. The central issue in this case concerns whether a petition of appeal under the relevant criminal procedure law must be accompanied by a certified copy of the judgment or order appealed against. The Court examined the meaning of the word "copy" within the statutory context and determined that it refers specifically to a certified copy, which is an official, authenticated reproduction of the original judgment (!) (!) .

  2. The Court emphasized that the purpose of requiring a copy of the judgment is to ensure the accuracy and authenticity of the record before the appellate court. A certified copy, issued by a public officer with the proper authority and bearing a certificate of its correctness, provides the necessary assurance for judicial proceedings (!) (!) .

  3. It was highlighted that the law mandates the filing of a certified copy because it is a public document, and secondary evidence or plain copies do not carry the same legal weight or guarantee of correctness. The use of certified copies helps facilitate judicial efficiency and prevents delays in proceedings (!) (!) .

  4. The Court also discussed the importance of the certified copy in enabling the appellate court to perform its functions accurately, including judicial review, issuing notices, and making interlocutory orders. The integrity of the appellate process depends on the correctness of the record, which certified copies reliably provide (!) .

  5. The Court acknowledged that the law grants discretion to courts to dispense with the filing of a certified copy in urgent cases, but this exception does not imply that a plain copy suffices in general. The absence of a requirement for a plain copy in the statute and the purpose of the law support the conclusion that a certified copy is essential for filing with the appeal (!) (!) .

  6. The Court rejected arguments suggesting that the absence of the word "certified" in the statutory language indicates that a plain copy is sufficient. It clarified that the context, purpose, and related legal provisions point towards the necessity of a certified copy, especially considering the legal importance of accuracy and authenticity in judicial records (!) (!) .

  7. The Court ultimately upheld the position that, for appeals under the relevant law, the filing of a certified copy of the judgment or order is mandatory. Therefore, the order of the lower court was affirmed, and the appeal was dismissed accordingly (!) (!) .

  8. The decision underscores the importance of official certification of legal documents in judicial proceedings to maintain procedural integrity and ensure that courts base their decisions on verified records (!) (!) .

Please let me know if you need further elaboration or assistance with specific legal questions related to this case.


Judgment

S. R. DAS, CJI. : The respondents before us were put up for trial for offences under Ss. 147, 302, 325 and 326, Indian Penal code read with S. 149 of the same Code. On July 24, 1953, the temporary Civil Sessions Judge, Gorakhpur, acquitted them. The State of Uttar Pradesh apparently felt aggrieved by this acquittal and intended to appeal to the High Court under S. 417 of the Code of Criminal Procedure Under Art. 157 of the Indian Limitation Act an appeal under the Code of Criminal Procedure from an order of acquittal is required to be filed within six months from the date of the order appealed from. The period of limitation for appealing from the order of acquittal passed by the Sessions Judge on July 24, 1953, therefore, expired on January 24, 1954. That day being a Sunday the Deputy Government Advocate on January 25, 1954, filed a petition of appeal on behalf of that State. A plain copy of the judgment sought to be appealed from was filed with that petition. The High Court office immediately made a note that the copy of the judgment filed along with the petition of appeal did not appear to be a certified copy. After the judicial records of the case had been received by th















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