...appeals under Section 423(1)(b) of the Code of Criminal Procedure. In dealing with an appeal preferred by a convicted person against the order of conviction and sentence imposed on him by the trial court...can the High Court in exercise of its appellate powers under Section 423(1)(b) reverse the finding of acquittal recorded by the trial court in favour of the appellant in respect of an offence which is...Court unless there is an adjudication on the acquittal by the High Court either under Section 423(1)(a) or Section 439 of the Code of Criminal Procedure. As a result of these answers the revisional...

..., dismissing the Criminal Appeal No. 453 of 1966, are in conformity with Section 423 of the Code of Criminal Procedure (hereinafter to be referred as the Code).2. The appellants, who...contrary to the terms of Section 423 of the Code; and (ii) that the order pronounced by the High Court is not a judgment as understood in law as it does not contain the point or points for determination...respects with Section 423 of the Code. He has further urged that Section 367 of the Code relating to the contents of the judgment does not apply to the High Court and in this connection he relied on...

...us to give leave, if we see fit, for the composition of an offence under section 325, Indian Penal Code. Section 423 of the Code is expressly mentioned in section 439, and...all or any of the powers conferred on a court of appeal by section 423 are powers which this Court can exercise in revision. Section 423, clause (d), empowers an appellate court to make any amendment or...section 423 did not exist as a portion of the Code of Criminal Procedure. In any case we are satisfied that we have the power. We grant the leave. The petition of composition when accepted by the court...

...Kapur, J.— In this appeal against the judgment and order of the High Court of Allahabad, the question of the interpretation of Section 423(l)(b) of the Criminal Procedure Code...case.4. Section 423 of the Criminal Procedure Code deals with the power of the appellate court in disposing of appeals against convictions. The relevant portion of the...section is contained in clause (b) of sub-section (1) of that Section which is as follows:“423. (1) The appellate court shall then send for the record of the case, if such...

...powers of appellate courts in disposing of the appeals, though indicated separately in Section 423 are in essence the same. Under that section the appellate court (which means the High Court in an...evidence under Section 428 or the ordering of a retrial under Section 423, that this evidence was always available and had, in fact, been asked to be brought in at the trial but was not, and the...those in Section 423 and which were laid down in Abinash Chandra Bose case AIR (1963) SC 316. He lays special emphasis on the condition that the prosecution should not be given a second chance to...

.../423/467/468/420/120B IPCSection 156(3) of Cr. P.C.The applicant submitted that -1) The Applicant is a highly...person so to do.Offence punishable under Section 423, IPC.The essential ingredients to constitute an offence under Section 423, IPC is...intended to operate. Thus, it is evident that Section 423, IPC deals with twin specific frauds in the matter of execution of deeds or instruments of transfer or charge, idest, (i) false recital as to...

...for the non-appearance of the appellants-accused at the time of the hearing of the appeal, that Section 423 of the Code of Criminal Procedure (hereinafter called “the Code”) enjoined the appellate....8. Shri Tej Pal Singh was in error when he thought that Section 423 of the Code enjoined the appellate court to dispose of the appeal after hearing the appellant or his pleader...read with Section 34 IPC Kharpattu, one of the appellants, was also convicted of an offence under Section 324 IPC. They appealed against their conviction. The appeal was fixed for hearing on 30-11-1956...

...considered the mandatory provisions of section 423 (1) , criminal procedure code (old). He further contends that the dismissal of the appeal for default is not coitemplatcd under...section 423 (1) , criminal procedure code and even if the appellant's counsel has not appeared at the time when the appeal was called on, he ought to have given a decision...) I find myself totally in agreement with the contentions raised by the learned counsel for the petitioners. (4) A careful reading of section 423 (1) , criminal...

...), but confirmed that under s. 5 and awarded a sentence of three months' rigorous imprisonment under that section. It was contended for the first appellant that the High Court had no power under s. 423...contention is based on, the terms of section 423. Under that section, when there is an appeal against a conviction, the court has the power under subclause (1)(b) either (1) to reverse the finding and...any sentence under section 498, it was held by the High Court that he could, under section 423 (1) (b) of (1) A.I.R. 1940 Bom. 129. (2) A.I.R. 1938 Cal. 439...

...exercising appellate jurisdiction under Section 423(1)(a) of the Code of Criminal Procedure to enhance the sentence passed by the trial Magistrate. The second branch of his argument was that even if the High...like notice to be given to the accused.4. The powers of the appellate court in disposing of the appeal are contained in Section 423 of the Code. The court after giving the...order of acquittal it may under Section 423(1)(a) reverse such order and direct that further enquiry be made or that the accused be retried or committed for trial as the case may be and find him...

...thought he could not interfere with be acquittal. Here the Sessions Judge was clearly wrong Under Section 423 (6) (2) of the Code of Criminal Procedure the Appellate Court may...(1903) I.L.R. 26 Mad 478 also there is no reference to the wording of Section 423 (6) (2) Code of Criminal Procedure...1. The charge against the accused was under Sections 148 and 325, Indian Penal Code. The Magistrate acquitted the accused under Section 148, but convicted them...

...provisions of Section 423 Cr P.C., which form part of Chapter XXXI, are not therefore applicable to the extent of the limitation imposed by Sub-section (2) of Section 4...the provisions of Clauses (c) and (d) of Sub-section (1) of Section 423 are not applicable to such an appeal. In other words, it is not permissible, in view of the express...-section (1) of Section 423 and to make any consequential or incidental order that may be just and proper in the circumstances of the case. That, in turn, leads to the irresistible conclusion...

...Section 423(1)(b) can only be exercised when the conviction and sentence is set aside for want of jurisdiction in the Magistrate who has tried the case. In support of this contention, the.... 4. On a consideration of the terms of Section 423(1)(b)(1), we think there is nothing to limit the power of an Appellate Court to order a retrial. This seems to us to be...expressly laid down in the case of Queen-Empress v. Maula Baksh (1893) I.L.R., 15 All., 205, where it is said: "We find nothing in Section 423 of Act X of...

...Iqbal Ahmad, C.J:— The question referred for decision to this Full Bench is:“Whether a court of appeal is empowered under section 423(1)(b)(2...the accused. Section 423 then defines the powers of the appellate court in disposing of appeals of which notices have been issued and runs as follows:“423(1) The appellate court shall...on the part of the jury of the law as laid down by him.”It is not, and cannot be, disputed that section 423 is self-contained and exhaustive and that the powers of the appellate courts...

.... According to the learned Counsel this was an appeal under Section 515 of the Code of Criminal Procedure and provisions of Section 423, Criminal Procedure Code, which relate to the...procedure, the provisions contained in sections 419, 421 to 423 should, in my opinion, apply. In Gul Zaman v. Emperor, AIR 1943 Pesh 6 (A), the provisions of Section...423 were applied in an appeal in respect of an order under Section 514 where the question was as to whether the appellate Court is empowered to alter or reverse the order of the Court below...

...Richardson and Shams-ul-Huda, JJ.:— The opposite parties in this case were convicted by the Magistrate of offences under sections 423 and 193 of the Penal Code and sentenced to terms of imprisonment. On ...arise in which the kabuliat would be admissible in evidence under the terms of section 13 of the Evidence Act.We need not, however...

...arguments addressed to him by the Pleaders on both sides, passed his final order in the following words:—“The appeal is dismissed under Section 423 of the Cr PC” It seems to us that order cannot be...sustained.3. Admittedly it was made under Section 423 of the Cr PC, that is to say, the appeal was dismissed not summarily, but after notice given under S. 422. That being so, under S. 424 it...

...should be a retrial. The question is whether the appellate Court has the power under Section 423 of the Code of Criminal Procedure to order a retrial. The...authority given to the appellate Court is contained in clauses (c) and (d) of Section 423. In an appeal from order the appellate Court may alter or reverse such order and...make any amendment or consequential or incidental order that may be just and proper. Under Clause (b) of Section 423, in an appeal from a conviction the appellate Court is specifically given the power...

...of Section 423 of the Code of Criminal Procedure, 1898, (hereinafter called the old Code) since that provision materially corresponds to the present Section 386, the interpretation laid down in that...appellant or his pleader. Interpreting Section 423 of the old Code (the corresponding provisions are Sections 385-386 of the present Code), this Court in paragraph 19 of the judgment held as under...examination, the relevant provisions are Sections 384-386. Section 384, which deals with summary dismissal of appeals, enables the appellate court to summarily dismiss an appeal “if upon examining the...

...appeal by Section 423, sub-section (4) specifically excludes the power to “convert a finding of acquittal into one of conviction”. This does not mean that in dealing with a revision petition by a...High Court if it felt disposed to exercise powers under Section 423 CrPC expressly included in Section 439. Sending the case back to the High Court can serve no useful purpose...Magistrate passed an order on 15th July 1963 to the effect that the two cases were to be clubbed together and provisions of Section 252 CrPC were to be followed. The proceedings went on for an inordinately...