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  January 18  1909

Premium

20.500.12592/q35997

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 January 18 1909

1909

576) that the reason of the rule regarding the expiry of sanction after 6 months is that a private prsecutor shall not be at liberty to procure sanction to prosecute from the Court and then keep the sanction pending in terrurent over the head of the accused indefinitely." It may be observed that this is the policy of the law only when the Court delegates the duty of prosecution to a private [...] " The conclusion at which I have arrived is that it was the intention of the legislature that an order under the section should be made either at the close of the proceeding or so shortly thereafter that it may be reasonably said that the order is part of the proceeding." It is therefore clear that the general policy of the law is to the effect that the Court before which the offence is committed [...] After filing the said P. C. appeal the decree-holders taking advantage of two observations in the judgment of the High Court dated the 5th December 1907 appealed to the Sub-Judge for draing up a final decree giving them interest and compound interest at the bond rate after the period of grace and up to the date of actual realization. [...] It was contended for the Appellants that the Sub-Judge had no jurisdiction to draw up the final decree allowing interest.after the period of grace the decree nisi having been affirmed by the High Court and the appeal being in the P. C. that at any rate the decree nisi could not be varied by the decree absolute and the practical result of the final decree as drawn was to nullify the decree of [...] For the Appellants it was pointed out that the judgment in the suit must provide for future interest and the drawing up of the final decree was a ministerial act following from the judment when the period of grace expires and that the Judicial Committee in the two cases cited were considering the decree nisi and they were simply descussing the question whether apart from sec.
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 January 18 1909
lxix-lxxvi unknown view

Related Topics

All