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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.
Supreme Court of India Cites 50 - Cited by 412 - D Misra - Full Document

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.
Supreme Court of India Cites 11 - Cited by 350 - A M Ahmadi - Full Document
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