Supreme Court of India
Mohd. Hussain @ Julfikar Ali v. The State (govt. of Nct) Delhi
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9 Supreme Court benches have cited this judgment.
From the headnote
Code of Criminal Procedure, 1973 - s. 386 - Power of appellate court to order retrial - Held: The appellate court hearing criminal appeal has power to order retrial u/s. 386(b) - But such power should be exercised in exceptional and rare cases when such course becomes indispensable to avert failure of justice - Exercise of such power depends on facts and circumstances of the case - The present case is of extremely serious and exceptional nature, where retrial of the accused is indispensable - The matter requires to be remanded for a de novo trial. Administration of Criminal Justice: Speedy
Authorities it was built on
- 1994 Kartar Singh v. State of Punjab
- 2004 Zahira Habibulla H Sheikh and Anr. v. State of Gujarat and Ors.
- 2001 Shamnshaeb M. Multtani v. State of Karnataka
- 1991 Abdul Rehman Antulay Etc. Etc. v. R.S. Nayak and Anr. Etc. Etc.
- 2001 State of Madhya Pradesh v. Bhooraji and Ors.
- 1979 Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Govt. of Bihar. Patna
- 1979 Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Patna
- 2004 Satyajit Banerjee and Ors. v. State of West Bengal and Ors.
- 1970 Second Gift Tax Officer, Mangalore, Etc. v. D. H. Nazareth Etc.
- 1955 Machander, Son of Pandurang v. State of Hyderabad
- 1986 Raghubir Singh & Others Etc. v. State of Bihar
- 1996 "common Cause", A Registered Society through its Director v. Union of India and Ors.
- 1999 Raj Deo Sharma v. The State of Bihar
- 1995 State of Punjab v. Ajaib Singh
- 1998 Raj Deo Sharma v. The State of Bihar
- 1985 S. Guin & Others v. Grindlays Bank Ltd.
- 1996 Phoolan Devi Etc. v. State. of M.P. and Ors. Etc.
- 1996 Common Cause"registered Society through its Director v. Union of India and Anr.
Where later benches applied it
- 2024 P. Manikandan v. Central Bureau of Investigation and Ors.
- 2019 P Ramesh v. State Rep by Inspector of Police
- 2014 J.V. Baharuni & Anr. v. State of Gujarat & Anr.
- 2024 Sunita Devi v. The State of Bihar & Anr
- 2023 All India Judges Association v. Union of India & Ors
- 2021 Nasib Singh v. The State of Punjab & Anr.
- 2017 Asha Ranjan v. State of Bihar & Ors.
- 2016 Pooja Pal v. Union of India and Ors.
- 2014 Liyakat and Another v. State of Rajasthan
Of those, 3 relied on · 6 referred to
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