Appropriateness of moving Sessions Court first

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What is the purpose of the High Court or Sessions Judge calling for and examining the record of any proceeding before an inferior Criminal Court?

To satisfy themselves as to the correctness, legality, or propriety of any finding, sentence, or order, and the regularity of any proceedings.

In the case law of Sivan Pillai v. State of Kerala, what did the Kerala High Court clarify about concurrent revisional jurisdiction under Section 397 CrPC?

Acknowledged that both the High Court and the Sessions Court have authority to hear revisions in certain cases.

According to the Kerala High Court, is there a legal restriction on approaching the High Court directly for revision petitions?

No, there is no legal bar on approaching the High Court directly.

What action can the High Court or Sessions Judge take when calling for the record of a proceeding?

They can direct the suspension of execution of any sentence or order, and the release of the accused on bail or their own bond. Signup and view all the answers

What did the Kerala High Court emphasize regarding concurrent jurisdiction in the context of revision petitions?

Both the High Court and the Sessions Court can hear revisions under Section 397 CrPC. Signup and view all the answers

Can the accused be released on bail or their own bond while the record of a proceeding is being examined by the High Court or Sessions Judge?

Yes, the accused can be released on bail or their own bond pending the examination of the record. Signup and view all the answers

What powers does a Sessions Judge have in regard to enhancement of sentence according to the case Prabhudas Chhaganlal v. Babubhai Virabhai Miseria, 1977?

A Sessions Judge can suo motu enhance sentence and entertain applications against sentence in certain cases. Signup and view all the answers

In what circumstances can a Sessions Judge direct commitment of a case, as stated in the case Jagdish Das v. State of Bihar, 1979?

A Sessions Judge in revision, like the High Court, can direct commitment of a case. Signup and view all the answers

What did the Madras High Court state regarding a Sessions Judge's power to enhance a sentence in revision in the case Balasubramaninan vs The State Of Tamil Nadu 2013?

A Sessions Judge can entertain an application in revision against sentence and enhance the sentence in certain cases. Signup and view all the answers

Under what circumstances can the Court utilize its power in a non-exceptional case based on the case Unni v. Kuttapan, 2003?

Only in extreme circumstances can the Court use its power. Signup and view all the answers

What was the key finding in the case Prabhudas Chhaganlal v. Babubhai Virabhai Miseria, 1977 regarding the powers of a Sessions Judge?

Revisional powers of a Sessions Judge are co-extensive with the powers of the High Court under Section 401. Signup and view all the answers

What was the opinion of the Madras High Court in the case Balasubramaninan vs The State Of Tamil Nadu 2013 regarding a Sessions Judge's authority?

A Sessions Judge can entertain an application in revision against sentence and enhance the sentence in certain cases. Signup and view all the answers

Why is it considered just and appropriate to prioritize approaching the Sessions Court first?

Hierarchy of courts, familiarity with local context, speed and efficiency. Signup and view all the answers

What is the significance of Karam Chand Thaper v. T.G. Vasanth Gupta case?

The High Court of Madras set aside the order of the magistrate court, allowed the revision petition, and held the order of discharge is liable to be set aside. Signup and view all the answers

What does Sub-section (3) of Sec 401 state regarding the Revisional power of the sessions court?

The decision made by the sessions court in a revisional matter shall be final and not subject to any further appeal by way of revision petition. Signup and view all the answers

Why might it be strategically better to move the Sessions Court first instead of directly approaching the High Court?

To ensure due process, avoid overburdening higher courts, and potentially have a quicker resolution. Signup and view all the answers

What are the benefits of approaching the Sessions Court first in terms of speed and efficiency?

It involves one less level of adjudication, potentially leading to a quicker resolution. Signup and view all the answers

In what scenario can the decision made by the sessions court in a revisional matter be subject to further appeal?

The decision made by the sessions court in a revisional matter can be further appealed if it involves a revision petition, but not to the High court or any other court. Signup and view all the answers

Appropriateness of moving Sessions Court first

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