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1 - 10 of 10 (0.21 seconds)Article 114 in Constitution of India [Constitution]
Article 137 in Constitution of India [Constitution]
The Code of Criminal Procedure, 1973
Section 8 in The General Clauses Act, 1897 [Entire Act]
The General Clauses Act, 1897
States Of Rajasthan vs Prakash Chand & Ors on 2 December, 1997
9. Mr. Raval has also relied on a judgment of the Apex Court in the case of State of Rajasthan v. Ramdeed and Ors. . There, the main question which was paused before the Court appears to be whether a composite application for leave to appeal and the memo of appeal could be filed or not and the answer given is in the affirmative by the Apex Court. In the said matter before the Supreme Court, there was no question as to within what period of limitation, an application for leave to appeal against the order of acquittal is required to be filed. In the said case before the Supreme Court, there was a delay in filing the appeal memo after grant of the leave. Thus, in our opinion, this Supreme Court judgment relied on by the learned Advocate is of no assistance to him.
Section 8 in The Limitation Act, 1963 [Entire Act]
The State Of Bihar vs Ram Naresh Singh And Ors. on 7 August, 1974
7. An endeavour has been made by the learned Advocates for the respondents relying on judgment of the Patna High Court in the case of State of Bihar v. Ram Naresh Singh and Ors. 1975 Cri. LJ 1000, that period of limitation for an application for leave to appeal against the order of acquittal is 90 days as the case would be covered under Clause (a) of Article 114 of the Limitation Act, 1963. In our opinion, this judgment is of no help or assistance to the respondents as the relevant observation for our purpose from Para 6 of that judgment reads as under:
Asstt. Registrar Of Companies, West ... vs Standard Paint Works (P) Ltd. & Ors on 1 March, 1971
10. Teamed Advocate Mr. Shaikh has relied on a judgment of the Supreme Court in the case of Assistant Registrar of Co. v. Standard Paints Works Pvt. Ltd. and Ors. . This judgment also, in our opinion, is of no assistance to the respondent, as in the said case, the appeal was filed against the order of acquittal instituted upon a complaint. Thus, there was no question before the Supreme Court that as to what is the period of limitation prescribed for filing an application for leave to appeal against the order of acquittal passed in a case other than filed on complaint.
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