AI Overview...
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Copy of Judgment Not Provided - Multiple sources highlight issues with the non-availability or non-provision of copies of judgments during appeals or proceedings. Courts have held that a copy of the judgment is essential for proper adjudication, and failure to furnish it can violate principles of natural justice. For instance, in Iqbal Ismail Sodawala VS State Of Maharashtra: Registrar, Honble High Court, Bombay - Supreme Court, the court noted that no judgment could be pronounced until complete, and the petitioner’s request for a copy was unmet. Similarly, in SHAMBHU VS STATE - Allahabad, the appellate court dismissed an appeal for want of a copy of the judgment, emphasizing its necessity.
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Procedural Requirements for Filing Appeals - Several sources, such as SHAMBHU VS STATE - Allahabad and MUKAND LAL VS STATE - Delhi, discuss the importance of submitting proper documentation, including copies of judgments, to facilitate fair appeal processes. Courts have clarified that appellants are not required to file certified copies at initial stages but must ensure the judgment is available for proper consideration. Failure to do so can lead to dismissal or remand.
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Legal Principles and Court Observations - Courts have underscored that a judgment must be complete and accessible for pronouncement and appellate review (Iqbal Ismail Sodawala VS State Of Maharashtra: Registrar, Honble High Court, Bombay - Supreme Court, K. Raja VS P. G. Rajendran - Crimes). The absence of judgment copies impairs the right to a fair hearing and can result in judicial decisions being set aside or remanded (Chingo VS State of Mizoram - Gauhati, Ulhas Sudam Gorhe VS State of Maharashtra - Bombay). Some judgments also note that procedural lapses, such as not providing judgment copies, can be grounds for quashing convictions or setting aside orders (Laxman VS State Of Maharashtra - Supreme Court, Fagu Soreng S/o Late Lohra Soreng VS State of Jharkhand - Jharkhand).
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Implications for Convictions and Sentences - When judgment copies are unavailable, courts have sometimes allowed appeals or set aside convictions, emphasizing the importance of procedural compliance. For example, in Laxman VS State Of Maharashtra - Supreme Court, the High Court set aside a conviction due to procedural irregularities, including the absence of a proper judgment copy.
Analysis and Conclusion
Courts consistently emphasize that providing a copy of the judgment is a fundamental procedural requirement for fair adjudication and effective appellate review. The failure to furnish judgment copies can lead to the quashing of orders, setting aside convictions, or remanding cases for proper proceedings. Ensuring access to judgments upholds principles of natural justice and procedural fairness.
References:
- Iqbal Ismail Sodawala VS State Of Maharashtra: Registrar, Honble High Court, Bombay - Supreme Court, Nathuni Ahir VS State - Patna, SHAMBHU VS STATE - Allahabad, State of Gujarat VS Mansukhbhai Bhalabhai Oza - Gujarat, MUKAND LAL VS STATE - Delhi, Laxman VS State Of Maharashtra - Supreme Court, Chingo VS State of Mizoram - Gauhati, K. Raja VS P. G. Rajendran - Crimes, Ulhas Sudam Gorhe VS State of Maharashtra - Bombay, Fagu Soreng S/o Late Lohra Soreng VS State of Jharkhand - Jharkhand
Search Results for "Judge Not Giving Copy of Judgement on Order Conviction"
1974 0 Supreme(SC) 239 • India - Supreme Court
Y.V.CHANDRACHUD, H.R.KHANNA
and despite that, copy of judgment was not yet available. - Held, Court find no sufficient ground to quash the order of the Registrar ... was not pronounced by Sessions Judge and that only Clerk of court apprised him of the decision in the case. ... No judgment, it is stated, could be pronounced till it was complete – According to petitioner, he asked for copy of judgment at time ... A Judge may die after #HL_START....
1983 0 Supreme(Pat) 116 • India - Patna
M.P.VARMA
and the copy of the judgment accompanying the appeal. ... the petition of appeal and the copy of the judgment accompanying the appeal. ... The court held that the Sessions Judge did not give reasonable opportunity to the appellants and did not apply his mind to the facts ... To sum up I find and hold apart from not giving reasonable opportunity to the petitioner, the learned Sessions Judge did not....
1955 0 Supreme(All) 224 • India - Allahabad
JAMES
Fact of the Case: The applicants filed an appeal against their conviction and sentences before the Sessions Judge of ... The Sessions Judge admitted the appeal but later dismissed it for want of a copy of the judgment. ... However, they did not accompany their petition of appeal with a copy of the Magistrate's judgment but instead filed a copy of the ... Against their conviction and sentences they on 5-1-1952 fil....
2017 0 Supreme(Guj) 701 • India - Gujarat
R.P.DHOLARIA
and order of acquittal rendered by learned Special Judge, Fast Track Court, Patan in Special ACB –Facts giving rise to the present ... 1973 –Appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 judgment ... It is alleged that complainant gave xerox copy of the index of the said sale deed to the accused for mutating the name of Barot Natvarlal ... Under the circumstances, in absence of specific and clinching evidence to prove all suc....
1978 0 Supreme(Del) 44 • India - Delhi
D.K.KAPUR
order of remand had the effect of reviving both the conviction and the sentence. ... order of remand had the effect of reviving both the conviction and the sentence. ... It also held that the petitioner was not required to file a certified copy of the original judgment along with the appeal, as the ... giving another decision even though that decision may be restricted to sentence only. ... Sessions Judge, passed on 1-9-1976 the #HL....
1973 0 Supreme(SC) 389 • India - Supreme Court
M.H.BEG, Y.V.CHANDRACHUD
and sentences – Court allow appeal of Sopan appellant and set aside his conviction and sentence – Court order that Sopan be set ... participation in actual commission of an offence – Held, High Court s finding, Sopan was only standing at least when Sakharam was giving ... Section 145 and 3 - Gambling Act, 1867 – Section 12 – Criminal Procedure Code, 1973 – Section 162 - Murder Offence – Appeal Against Conviction ... The High Court had also adversely commented on the fact that the copy was not#....
2018 0 Supreme(Gau) 1369 • India - Gauhati
M.R.PATHAK
& Order of conviction and sentence passed by Special Judge ND & PS Additional Sessions Judge Mizoram in S.R. arising out of Police ... & Order of conviction - Appellant of East on suspicion and was apprehended and she was brought to Police Station by woman constable ... records of arising out of Police Station Case to Court of Special Judge Special Court ND & PS Act Mizoram with a copy of this order ... Chingo, as an appellant, has ....
• India - Crimes
R.MALA
Negotiable Instruments Act, 1881—Section 138—Criminal Procedure Code, 1973—Section 357(3)—Dishonour of cheque—Conviction—One year ... simple imprisonment and fine of Rs. 2,00,000 awarded—Appeal dismissed by first appellate Judge—First appellate Judge has not ... appellate Court set aside—Case remanded to first appellate Court for deciding appeal on merits and in accordance with law, after giving
2018 0 Supreme(Bom) 1809 • India - Bombay
S.S.SHINDE, A.S.GADKARI
Procedure 1973 - Indian Penal Code 1860 - Section 302 , 437A,3(1)(xi) and 3(2)(v) - Appellant has questioned correctness of his conviction ... of present Judgment and Order of this Court - - In view of S437A of Cr - CP, Appellant is directed to execute a bail bond in sum ... : Appeal is allowed -Impugned Judgment and passed by learned Additional Sessions Judge, Khed, Pune is hereby quashed and set aside ... , by its Judgment and Order dated 06.05.2017. ... ... (iii) ....
2019 0 Supreme(Jhk) 864 • India - Jharkhand
APARESH KUMAR SINGH, KAILASH PRASAD DEO
of conviction and order of sentence dated passed by learned Sessions Judge in Sessions Trial - Where by sole accused has been convicted ... of judgment along with an application – Order according ... informant has stated that he is resident of District –and doing on agriculture for livelihood - Informant has stated that he is giving ... of conviction and order of sentence. ... The instant criminal appeal has been preferred against the judg....
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