THE STATE OF UTTAR PRADESH versus C. TOBIT AND OTHERS

THE STATE OF UTTAR PRADESH versus C. TOBIT AND OTHERS

For the purposes of s. 419 of the Code of Criminal Procedure, the requirement to file a 'copy' of the judgment or order appealed against means a certified copy must be filed with the appeal petition unless otherwise directed by the court. Filing a plain copy is insufficient, and where a certified copy is filed after...

Source-derived case information.

Parties
Appellant: The State of Uttar Pradesh; Respondents: C. Tobit and others
Jurisdiction
India
Judgment Date
14 February 1958
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Judgment and Order Dated February 8, 1955, of the Allahabad High Court Dismissing Government Appeal No. 165 of 1954
Outcome
Appeal dismissed
Legal Topics
Appeal Procedure, Limitation, Acquittal, Certified Copy Requirement
Criminal Law Criminal Procedure Appeal Procedure Limitation Acquittal Certified Copy Requirement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

The State of Uttar Pradesh

Appellant

C. Tobit and others

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Judgment and Order Dated February 8, 1955, of the Allahabad High Court Dismissing Government Appeal No. 165 of 1954

Legal Issues

  1. 1 Whether under s. 419 of the Code of Criminal Procedure, a petition of appeal must be accompanied by a certified copy of the judgment or order appealed against.

Ratio Decidendi

For the purposes of s. 419 of the Code of Criminal Procedure, the requirement to file a 'copy' of the judgment or order appealed against means a certified copy must be filed with the appeal petition unless otherwise directed by the court. Filing a plain copy is insufficient, and where a certified copy is filed after the limitation period, the appeal is time-barred if extension is refused.

Court Disposition

Appeal dismissed

Orders

  • Order of the Allahabad High Court dated February 8, 1955 dismissing the appeal is affirmed.