Supreme Court · 1957 INSC 104 · Decided 20 November 1957
The State of Uttar Pradesh v. M/S Swadeshi Cotton Mills CO. LTD. and Another
- Court
- Supreme Court of India
- Citation
- 1957 INSC 104 · [1958] 1 S.C.R. 973
- Case number
- CIVIL APPEAL No. 14/1955
- Decided
- 20 November 1957
- Bench
- NATWARLAL HARILAL BHAGWATI, SYED JAFFER IMAM, P.B. GAJENDRAGADKAR (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
COURT REPORTS 973 to record any judgment of acquittal or conviction. 1957 We, accordingly, allow the appeal, set aside the Sashi Mohan judgment of the High Court and hold that the refer-Debnath and Other -ence under s. 307 to the High Court was incompetent. Th .. vt.t if A t . h . h t' 1 e .,, a was incompetent and the appeal succeed- ing. The High Court should have rejected the refer- .ence as incompetent and remitted the case to the Additional Sessions Judge for disposal according to law. We emphasise the absolute need for making a <:ompetent reference under s. 307 of the Code
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