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Criminal Law
Mode of Citation- ILC-2015-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2011-SC-CRL-Feb-26

Jugal Kishore Khetawat Vs, State of West Bengal

Supreme Court Rules, 1966  - Order VI , The Code of Criminal Procedure, 1973  - Section 394 , Indian Penal Code,1860  - Section 120-B , Section 302

Power to grant leave to continue the appeal - CrPC, 1973 - Section 394 - abatement of appeals - IPC, 1860 - Sections 120B/302 - Conviction and sentence - Allegation - Conspiracy to commit murder of two neighbours - Although appellant died - Husband of appellant - Seeking leave of court -Continue the appeal - Registrar of this Court allowed - Appeal - Whether husband of appellant - Entitled to continue appeal - If so - Leave to continue could have been granted - Registrar of this Court - Supreme Court - Every appeal under Chapter XXIX of the Code except an appeal - Sentence of fine shall finally abate on the death of appellant - Near relative of appellant - Within thirty days of death of appellant - Apply to Appellate Court for leave to continue appeal - If granted - Appeal shall not abate - Power to grant leave to continue appeal is conferred on court - Not on Registrar under Order VI of the Supreme Court Rules, 1966 - Impugned order - Registrar set aside - Leave to continue appeal granted - Appeal allowed.

Advocates For the Respondent(s) :

Tara Chandra Sharma, Ms. Neelam Sharma, Advocates

Topic(s)-Power to grant leave to continue the appeal

Important Decision(s)- 

  • Power to grant leave to continue appeal is conferred on court - Not on Registrar under
  • Order VI of the Supreme Court Rules, 1966.







Full Judgement Body


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