https://www.taxtmi.com/caselaws?id=298896 A criminal revision against conviction is maintainable only if the memorandum contains the declaration required by Rule 48 that the convicted person is in custody or has surrendered after conviction, unless the sentence has been suspended by the court below. Although section 397 of the Code of Criminal Procedure does not itself require surrender before filing revision, the High Court Rules impose this additional procedural condition. The rule was treated as clear and mandatory because it uses the word "shall," and the earlier contrary view was distinguished as not considering this specific provision. en-us Thu, 02 Feb 2012 00:00:00 +0530 Fri, 26 Nov 2021 11:12:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298896 A criminal revision against conviction is maintainable only if the memorandum contains the declaration required by Rule 48 that the convicted person is in custody or has surrendered after conviction, unless the sentence has been suspended by the court below. Although section 397 of the Code of Criminal Procedure does not itself require surrender before filing revision, the High Court Rules impose this additional procedural condition. The rule was treated as clear and mandatory because it uses the word "shall," and the earlier contrary view was distinguished as not considering this specific provision. Case-Laws Indian Laws Thu, 02 Feb 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298896