[Section 537, Cr.P.C.]
Accused not asked to plead after charge accused not prejudiced. Irregularity curable under Sec. 537, Cr.P.C. PLD 1951 BJ 9 Noor Hussain v. Allah Wasaya.
Evidence recorded by different Judges. Decision based on evidence partly recorded by a Sessions Judge and partly by his successor. Irregularity not curable under Section 537, Cr.P.C. Retrial ordered. PLD 1951 Bal. 5. Azam Shah v. Crown. (Law has now been amended).
Mode of trial erroneous. Four accused tried together out of which one had nothing in common with the others. Trial illegal. Proceeding set aside in revision. PLD 1949 Lah. 574 Siraj Din v. Grown.
Mode of trial as enacted by the code contravened. The disobedience to an express provision as to a mode of trial is not a mere irregularity within the meaning of section 537, Cr.P.C. When the Code positively enacts that a mode of trial shall not be permitted it cannot be regarded as a mere error, omission or irregularity. It is illegality. (PC) 28 IA 257 = 3 Bom LR 540 N.A Subramania Aiyer v. King Emp.
Serious defect in conducting a trial cannot be cured by the consent of the counsel of the accused. (PC) AIR 1927 PC 44 Abdur Rehman.
Misjoinder of charges is not curable under Section 537, Cr.P.C. Trial vitiated. (FC) PLD 1956 FC 129 Qadar Dad v. Sultan Bibi.
Two separate trials disposed of by one judgment. Irregularity curable under Section 537, Cr.P.C (DB) PLD 1952 BJ 4 Azam v. Crown.
Separate sentences on separate charges not passed. Irregularity curable under Section 537, Cr.P.C. (DB) PLD 1949 Lah. 179 Zamir Hussain v. Crown.
Section 342, Cr.P.C. not complied with. No miscarriage or failure of justice. Irregularity curable under Section 537, Cr.P.C. (FB) PLD 1955 FC 88 Abdul Wahab v. Crown.
Failure to make memorandum of evidence under Section 356 (3) is curable. (DB) PLD 1950 Lah. 134 Muhammad Aziz v. Crown. PLD 1951 Lah. 228 Rehmat. PLD 1958 SC (Pak.) 392 = PLD 1958 SC (Pak.) 383.
Failure to read out evidence to witness, not causing miscarriage of justice is curable. PLD 1951 Bal. 14 Ido v. Crown.
Charge defective. Prejudice not caused. Conviction maintained. (SC) PLD 1958 SC (Pak.) 76 Taher-ud-Din Chaudhry.
Omission in observance of detail but substantial compliance with the provisions of the code not causing prejudice to the accused does not vitiate trial. (FB) PLD 1959 Lah. 715 Ibrahim.
Omission to require accused to file list of witnesses is not an illegality and it does not vitiate trial provided the accused had an opportunity during the trial to defend himself. (FB) PLD 1959 Lah. 715 Ibrahim.
Misjoinder of accused and misjoinder of charges is an illegality and not an irregularity. Question of prejudice to the accused or otherwise is irrelevant. PLD 1964 Lah. 339 State v. Azam Beg.
Omission to writ judgment before pronouncing sentence is illegal and not curable under Section 537, Cr.P.C. (DB) PLD 1964 Dacca 56 Abdul Sattar.
No prejudice caused to accused. Where an omission, error or irregularity in conduct of trial vitiated trial must look to substance and not technicalities. Accused having had fair trial and not prejudiced in his defence error, omission or irregularity in conduct of trial stands cured u/S. 537, Cr.P.C. PLJ 1979 SC 741 Zulfiqar Ali Bhutto. PLJ 1979 SC 51.
Even illegality is curable u/S. 537 Cr.P.C. Section 537 Cr.P.C. applies even to a case what is termed as illegality, that is, where express and imperative provisions of law are ignored and no finding, sentence or order passed by a Court of competent jurisdiction can be reversed or altered on appeal or revision on account of any illegality unless it has actually occasioned a failure of justice. 31 Cr.L.J. 536 (F.B.) (Cal). 34 Cr.L.J. 414 (F.B) (All) relied on. Subramania Ayyar V. King Emp. 28 Cr.L.J. 259 (P.C.); Emperor V. Erman Ali (F.B.) (Cal) 57 C 1228, 123 Ind. Cas. 664; AIR 1930 Cal 212 referred. In Abdul Rehman's case it was held that Sec. 537 Cr.P.C. applies even to a case what is termed as illegality. (100 Ind. Cas. 227. AIR 1927 P.C. 440). 47 Cr.L.J. (1946) 772 (Lah.) (D.B.) Karam Elahi v. The Crown.