http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER: SURENDRA SINGH AND OTHERS
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH
DATE OF JUDGMENT: 16/11/1953
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN MUKHERJEA, B.K. BHAGWATI, NATWARLAL H.
CITATION: 1954 AIR 194 1954 SCR 330 CITATOR INFO : F 1974 SC1880 (10) RF 1988 SC 371 (5)
ACT: Practice-Judgment-Case heard by two Judges-Judgment signed by both-Death of one of them-Delivery by the other- Validity of judgment Allahabad High Court Rules, 1952, Chap. VII, rr. 1-4.
HEADNOTE: Where a case was heard by a Bench of two Judges and the judgment was signed by both of them but it was delivered in court by one of them after the death of the other: Held, that there was no valid judgment and the case should be re- heard. A judgment is the final decision of the court intimated to the parties and the world at large by formal "pronouncement or "delivery" in open court and until a judgment is delivered the judges have a right to change their mind. Firm Gokal Chand v. Firm Nand Ram (A.I.R. 1938 P.C. 292) and Mahomed Akil v. Asadunnissa Bibee (9 W. R. 1 F.B.) referred to.
JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 34 of 1953. Appeal from the Judgment and Order dated the 5th January, 1953, of the High Court of Judicature at Allahabad (Lucknow Bench), Lucknow (Kidwai and Bhargava JJ.) in Criminal Appeal Register No. 24 of 1952 an...