<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2004 (4) TMI 641 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=280507</link>
    <description>Where a statute makes leave to appeal against acquittal a condition precedent, the High Court must record reasons if it refuses leave. A bare or cryptic refusal does not show judicious application of mind and is invalid because it forecloses the statutory appeal without demonstrating why the request was rejected. The Court held that the High Court&#039;s role under Section 378 CrPC is distinct from the special discretionary jurisdiction under Article 136, so analogy to summary dismissal under Article 136 is inapt. The refusal of leave without reasons was therefore unsustainable, the order was set aside, and leave to appeal was granted.</description>
    <language>en-us</language>
    <pubDate>Tue, 20 Apr 2004 00:00:00 +0530</pubDate>
    <lastBuildDate>Tue, 18 Jun 2024 17:03:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=570267" rel="self" type="application/rss+xml"/>
    <item>
      <title>2004 (4) TMI 641 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=280507</link>
      <description>Where a statute makes leave to appeal against acquittal a condition precedent, the High Court must record reasons if it refuses leave. A bare or cryptic refusal does not show judicious application of mind and is invalid because it forecloses the statutory appeal without demonstrating why the request was rejected. The Court held that the High Court&#039;s role under Section 378 CrPC is distinct from the special discretionary jurisdiction under Article 136, so analogy to summary dismissal under Article 136 is inapt. The refusal of leave without reasons was therefore unsustainable, the order was set aside, and leave to appeal was granted.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 20 Apr 2004 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=280507</guid>
    </item>
  </channel>
</rss>