Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Remedy of appeal Manipulation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Criminal Trial - Remedy of appeal - Manipulation and misuse of, by convicts - Wilful withdrawal of the convict from appellate proceedings - Convicts taking recourse to the remedy of appeal with the objective of defeating the ends of justice by obtaining orders of bail or exemption from surrender, and thereupon escaping beyond the reach of the law. Held: This species of appeals should be consciously 0 dismissed on the ground of occasioning a gross abuse of the judicial process and an annihilation of justice - However, necessity of distinguishing dismissal of appeals in instances where steps have been taken by the Court for securing the presence of the appellant by coercive means on the one hand, and those where the appellant may incidentally and unwittingly be absent when his appeal is called on for hearing.} Bounden duty cast upon the Judge not merely to ensure that an innocent person is not punished but equally not to become a mute spectator to the spectacle of convict circumventing his conviction - It is necessary for the High Court confronted with the absence of the convict as well as his counsel to immediately proceed against the person who stood surety for bail - If this exercise fails to locate and bring forth convict, the Appellate Court is empowered u/s. 482 Cr.P.C. to dismiss the appeal without consideration on merits - In such cases, none of the sections in Chapter XXIX Cr. P. C. dealing with appeals, precludes or dissuades the Court from dismissing appeals - Inherent powers of the High Court, poignantly preserved in s.482 CrPC, can be pressed into service but with care, caution and circumspection - In the present case, the High Court while affirming the conviction of appellant had considered the case in all its complexities - It had manifestly discussed the evidence that was led, and finding it of probative value, came to the conclusion that the conviction was above appellate reproach correction and interference - The High Court was not duty-bound to appoint an amicus curiae - No fault in the approach of the High Court which had duly undertaken the curial responsibility fastened upon the Appellate Court - However, since request for remand is rejected, and since appellant-convict was not represented c through counsel before the High Court, it is proper to permit the appellant an opportunity to argue appeal before the Supreme Court on merits- Code of Criminal Procedure, 1973 - s.482 - Abuse of Court. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2013 INSC 681 |
Petitioner | Surya Baksh Singh |
Respondent | State Of Uttar Pradesh |
SCR | [2013] 14 S.C.R. 452 |
Judgement Date | 2013-10-07 |
Case Number | 1680 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |