Wakilii

Gopal v Raja (Cr. Rev. Case No. 851-1935)

East African Court of Appeal · [1937] EACA 203 · 1937 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to Supreme Court to review an order made on revision by a single judge in a criminal case
Decision
Application to review revision order dismissed for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court held that it has no power to review an order made by one of its judges on revision in a criminal case. Following the Full Bench decision in Queen-Empress v Fox and Queen-Empress v Durga Charan, the Court found no material difference between the relevant provisions of the Criminal Procedure Code and the Indian Criminal Procedure Codes in force when those cases were decided. The application was dismissed.

Outcome

Application to review revision order dismissed for lack of jurisdiction

Facts

A subordinate court made an order which was reversed on revision by a single judge. The party aggrieved by the revision order then applied to the Supreme Court seeking to review that revision order. The applicant argued that the revision judgment was contrary to law in different respects and should be set aside.

Issues

  1. Whether the Supreme Court has power to review an order made by one of its judges on revision in a criminal case.

Orders

  • Application dismissed.

Rules and key headnotes

Criminal Procedure — Revision — Power to Review Revision Orders
The Supreme Court has no power to review an order made by one of its judges on revision in a criminal case under sections 347 and 352 of the Criminal Procedure Code.
Criminal Procedure Code — Interpretation of Revisional Powers
Where there is no material difference between the relevant provisions of the Criminal Procedure Code and the Indian Criminal Procedure Codes, decisions interpreting the Indian codes are persuasive authority for interpreting the local code.

Legislation cited (2)

  • Criminal Procedure Code s.347
  • Criminal Procedure Code s.352

Cases cited (2)

  • Queen-Empress v Fox (10 Born. 176)
  • Queen-Empress v Durga Charan (7 All. 672)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Gopal v Raja (Cr. Rev. Case No. 851-1935) [1937] EACA 203 (1 January 1937)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.