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High court power / jurisdiction to condone the delay - delay in ...


High Court Confirms Power to Condonate Delays in Appeals Against Acquittals, Upholds Supreme Court Judgment's Binding Nature.

March 18, 2024

Case Laws     Income Tax     HC

High court power / jurisdiction to condone the delay - delay in filing an application seeking special leave to appeal against an acquittal. - After thorough consideration, the High court concluded that there is indeed power to condone the delay in such cases. - The court emphasized the precedential authority of a Supreme Court judgment, stating that it is binding on all courts unless distinguished, overruled, or set aside. The argument that the Supreme Court decision was inadequately considered was rejected. - The court analyzed the provisions of the Criminal Procedure Code and the Limitation Act, particularly regarding their applicability in appeals against acquittal. It concluded that Section 5 of the Limitation Act can be availed in such appeals.

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