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 Courts  Monday  November 20  1905

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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 Courts Monday November 20 1905

1905

Regarding the apprehension in public mind as to the curtailment of the jurisdiction of the High Court the Lieutenant-Governor remarks :- The mischievous idea which some men try to propagate that the Government resents the interference of the High Court with executive matters and desires to undermine its authority and curtail it s jurisdiction is altogether without foundation. [...] In his letter of the 2nd of February 1905 to the Secretary of State for India he gives a very different account of the continuance of the jurisdiction of the Calcutta High Court over the severed Province feom that of Sir Andrew Fraser in his letter of the 6rb of April 1904. [...] That on the same date Petitioners made an applcation to the Subordinate Judge for the grant of a review of the said order making the decree abslute on the ground that Petitioners were prevented by the fraudulent conduct of the parties represening the Respondent from paying the money on the morning of the 7th September 1903. [...] But looking to the terms of the order of the 6th June the three months expired at the latest on the 6th September. [...] The Magistrate is however of opinion that each of the confessions is conclusively corroborated by that of the other of the two in the same manner as evidence of one accomplice is corroborated by that of another.' This view of law taken by the Mgitrate is erroneous." Their Lordships set aside the conviction and sentence on the ground that the evidence against the Petitioner was not sufficient.
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 Courts Monday November 20 1905
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