Saturday, 4 August 2012
victim can file appeal before session court against order of acquittal of accused
victim is not required to apply for or obtain leave of the Court to file any of the appeals under the proviso to section 372crpc
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ORAL JUDGMENT (Per Mrs. Roshan Dalvi, J.)
1. I have had the privilege of going through the erudite exposition of an arguable point of law which merits the depth of articulation as is done by my brother Judges Kanade and Thipsay. The point of law required to be decided merits enunciation of settled principles of interpretation of statutes for reading a clear provision as per its own terms, reading it along with every other provision in the chapter in which it appears, reading the statute as a whole and deciphering the intention of the legislature that propelled the enactment given the state of affairs that prevailed before the enactment, the mischief that was apparent and the mode in which the legislature sought to remedy it. The 'heyden's rule' or the 'mischief rule', which is the well settled principle of law, must be present to the mind of any interpretor of such enactment and which has been present to the mind of my brother Judges and must not be lost sight of.
https://www.lawweb.in/2012/08/victim-can-file-appeal-before-session.html
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Bombay High Court
Balasaheb Rangnath Khade vs The State Of Maharashtra & Ors on 27 April, 2012
Bench: R. S. Dalvi
Date of pronouncing the Judgment th : 27 April, 2012.ORAL JUDGMENT (Per Mrs. Roshan Dalvi, J.)
1. I have had the privilege of going through the erudite exposition of an arguable point of law which merits the depth of articulation as is done by my brother Judges Kanade and Thipsay. The point of law required to be decided merits enunciation of settled principles of interpretation of statutes for reading a clear provision as per its own terms, reading it along with every other provision in the chapter in which it appears, reading the statute as a whole and deciphering the intention of the legislature that propelled the enactment given the state of affairs that prevailed before the enactment, the mischief that was apparent and the mode in which the legislature sought to remedy it. The 'heyden's rule' or the 'mischief rule', which is the well settled principle of law, must be present to the mind of any interpretor of such enactment and which has been present to the mind of my brother Judges and must not be lost sight of.
https://www.lawweb.in/2012/08/victim-can-file-appeal-before-session.html
