cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  May 11  1903

Premium

20.500.12592/npzz9b

The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 11 1903

1903

In a case where the Munsif who tried the suit out of which the application for sanction arose refused to sanction any prosecution ; the Munsif who originally sanctioned the prosecution was a different officer ; while the Munsif who gave the fresh sanction was neither the Munsif who tried the case nor the Munsif who sanctioned the prsecution originally : Under such circumstances their Lords [...] a Subordinate Magistrate for consideration and then sent on the papers to the District Superintendent of Police with an opinion adverse to the prisoner and the District Superintendent of Police requested the Magistrate to issue a warrant against the prisoner charging him with giving false evidence it was held that the issue of the warrant was a sufficient sanction under sec. [...] Chapter V "Of the frame of the suit."—One of the notes points out that the provisions of clauses 44 46 and 47 of the Bill constitute a departure from the provisions of sections 44 45 and 46 of the Code in so far as the former allow "(1) any number of Plaintiffs " to "unite in one suit their claims against apparently any number of Defendants in respect of several properties provided they base th [...] If the object of a urt of Law be to do justice and disregard mere technicalities then there can scarcely be any reasonable room to question the propriety of the principle laid down in the above case and embodied in the Bill although it may be admitted that this will increase the work of the Appellate Court and delay to some extent the final disposal of the appeal. [...] But to reduce the present facilities for supervision of the proceedings of the Lower Courts by the High Court and at the same time to do nothing to improve the first Appellate Courts is in my humble opinion not the right way to remedy the evil.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 11 1903
clxxvii-clxxxiv unknown view

Related Topics

All