1960 (2) TMI 81

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....decision of the Court intimated to the parties and the world at large by formal pronouncement of delivery in open Court by the trial Judge and signing and dating it simultaneously and thereby terminating the criminal proceedings finally (Halsbury 2nd Edition, Vol. 9), pages 260-264: Emperor v. Maheswara Kondayya (1908) 31 Mad. 543, Madho Singh v. Emperor (1940) 41 Cri.L.J. 725, Kuppuswami Rao v. T....

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....n and that is a matter for the Administrative Department of the High Court to settle. We are only concerned with this reference made by the District Magistrate that during his surprise inspection of the Rasipuram Court he found that judgments had not been written at all and that the Magistrate had merely noted in the docket sheet the conviction and sentence. Therefore, the District Magistrate has ....

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....e decision, were not prepared until three weeks after the pronouncement of the judgment in open Court, and it was held that the defect vitiated the conviction and sentence. Queen Empress v. Hargobind Singh I.L.R. (1892) All. 242, and Bandanu Atchayya v. King Emperor I.L.R. (1903) Mad. 237. Passing sentence before recording a Judgment is dated and signed is illegal : Gulla v. Emperor I.L.R. (1893) ....

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.... that firstly no one can be tried or sentenced in absentia (except in petty cases and when represented by a pleader) secondly, the judgment must be pronounced in open Court, signed and dated; and thereby that if these formalities are not strictly complied with, the conviction and sentence cannot be sustained and they become illegal and there is no question of any irregularity being cured because i....