Supreme Court · 1954 INSC 42 · Decided 12 April 1954
SHANK.AR Sitaram Sontakke and Another v. Balkrishna Sitarmi Sontakke AND. Others
- Court
- Supreme Court of India
- Citation
- 1954 INSC 42 · [1955] 1 S.C.R. 99
- Case number
- CIVIL APPEAL No. 113/1953
- Decided
- 12 April 1954
- Bench
- MEHR CHAND MAHAJAN, VIVIAN BOSE, GHULAM HASAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- IPC; CPC
Headnote
COURT REPORTS . 99 The thir~ "point set out in the certificate of the High Court relates to the , absence ()f particulars in the charge and, we gathered from the arguments, . in the sanction._ But no particulars need be set out in the charge in such to prove the general averment in particular cases but it is by no means necessary because of the presumption which section 5(3) requires the Court to draw. There was therefore no illegality either in , the sanction or in the charge ; nor has the accused been prejudiced because he knew everything
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