U.J.S. CHOPRA versus STATE OF BOMBAY
The accused is entitled under section 439(6) of the Code of Criminal Procedure to show cause against his conviction when notice of enhancement of sentence is issued, irrespective of earlier summary dismissal of his appeal, unless a final judgment has replaced that of the lower court after full hearing and notice to all parties.
- Parties
- Appellant: U.J.S. Chopra; Respondent: State of Bombay
- Jurisdiction
- India
- Judgment Date
- 25 March 1955
- Procedural Posture
- Criminal Appeal / Supreme Court Appeal From High Court Order
- Outcome
- Appeal allowed
- Legal Topics
- Appeal, Revision, Enhancement of Sentence, Right to Show Cause, Finality of Judgments
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
U.J.S. Chopra
Appellant
State of Bombay
Respondent
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order
Legal Issues
- 1 Whether the summary dismissal of the appeal precluded the appellant from showing cause against his conviction under section 439(6) of the Code of Criminal Procedure when called upon to show cause against enhancement of sentence
Ratio Decidendi
The accused is entitled under section 439(6) of the Code of Criminal Procedure to show cause against his conviction when notice of enhancement of sentence is issued, irrespective of earlier summary dismissal of his appeal, unless a final judgment has replaced that of the lower court after full hearing and notice to all parties.
Court Disposition
Appeal allowed
Orders
- High Court order set aside
- Matter remanded to the High Court with direction to allow appellant opportunity to show cause against conviction and dispose of the same according to law
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment