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1 - 10 of 20 (0.33 seconds)Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 228 in The Indian Penal Code, 1860 [Entire Act]
Section 326 in The Indian Penal Code, 1860 [Entire Act]
K.S.Panduranga vs State Of Karnataka on 1 March, 2013
6. This Court has had occasion to rule on the
appropriate course of action open to a Court seized
with a criminal appeal when the appellant does not
appear. This Court in K. S. Panduranga v. State of
Karnataka, (2013) 3 SCC 721, relying upon an earlier
three Judge Bench decision of this Court in Bani Singh
v. State of U.P., (1996) 4 SCC 720, held that the Court
is not bound to adjourn the matter if an appellant or
her counsel is absent, but it can choose to do so as a
matter of prudence or indulgence. At the same time,
the Court has the power to dispose of the appeal after
perusing the record and the judgment of the Trial
Court. Once the Court decides the matter on merits in
the absence of the counsel, the situation can be
remedied by the higher Court, whether by remanding
the matter or by taking up the matter itself, which
would depend on the facts and circumstances of the
case.
Section 384 in The Indian Penal Code, 1860 [Entire Act]
Section 397 in The Indian Penal Code, 1860 [Entire Act]
Bani Singh & Ors vs State Of U.P on 9 July, 1996
6. This Court has had occasion to rule on the
appropriate course of action open to a Court seized
with a criminal appeal when the appellant does not
appear. This Court in K. S. Panduranga v. State of
Karnataka, (2013) 3 SCC 721, relying upon an earlier
three Judge Bench decision of this Court in Bani Singh
v. State of U.P., (1996) 4 SCC 720, held that the Court
is not bound to adjourn the matter if an appellant or
her counsel is absent, but it can choose to do so as a
matter of prudence or indulgence. At the same time,
the Court has the power to dispose of the appeal after
perusing the record and the judgment of the Trial
Court. Once the Court decides the matter on merits in
the absence of the counsel, the situation can be
remedied by the higher Court, whether by remanding
the matter or by taking up the matter itself, which
would depend on the facts and circumstances of the
case.