KRISHAN LAL DHAWAN AND ·ANOTHER versus DELHI ADMINISTRATION
The proceedings conducted by a succeeding Special Judge after the trial began with another judge were not competent since s.350 of the Code of Criminal Procedure does not apply to such succession; amendments making it applicable do not operate retrospectively.
- Parties
- Appellant: Krishan Lal Dhawan; Appellant: Albert Moses; Respondent: Delhi Administration
- Jurisdiction
- India
- Judgment Date
- 15 February 1962
- Procedural Posture
- Criminal Appeal / Appeal by Special Leave From High Court Judgment and Order
- Outcome
- Appeal allowed
- Legal Topics
- Trial by Special Judge, Validity of Trial Proceedings, Applicability of Code of Criminal Procedure S.350, Prevention of Corruption Act
Case Brief
Summary, issues, holding and outcome
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Parties
Krishan Lal Dhawan
Appellant
Albert Moses
Appellant
Delhi Administration
Respondent
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Judgment and Order
Legal Issues
- 1 Whether the trial conducted consecutively by different Special Judges is valid in law
- 2 Applicability of s. 350 of the Code of Criminal Procedure to proceedings before a Special Judge
- 3 Effect of amendments to the Criminal Law Amendment Act on retrospective application
Ratio Decidendi
The proceedings conducted by a succeeding Special Judge after the trial began with another judge were not competent since s.350 of the Code of Criminal Procedure does not apply to such succession; amendments making it applicable do not operate retrospectively.
Court Disposition
Appeal allowed
Orders
- Conviction set aside
- Case to be disposed of in accordance with law
Full Case Text
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