Supreme Court · 2009 INSC 729 · Decided 6 May 2009
Bharat Prasad & ORS. v. The State of Bihar & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 729 · [2009] 8 S.C.R. 309
- Case number
- CRIMINAL APPEAL No. 952/2009
- Decided
- 6 May 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 1441145, 5, 144, 145, 482
Headnote
• - Bihar Tenancy Act - Section 48E (13) - Proceedings c initiated under s.48E and terminated in favour of appellants holding their rights as Bataidar - Such proceedings became final - Provision of s. 1441145 CrPC was not then invokable - s.48E(13) provides exclusion of power of civil and Bataidari rights - This is in tune with the principle of distributive justice - Courts must interpret the provisions D of such socio-economic legislation in a manner which further its purpose rather than frustrate it - Interpretation of statutes - Code of Criminal Procedure, 1973 - ss.5, 144,
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