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  June 25  1917

Premium

20.500.12592/45bf2n

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 June 25 1917

1917

But in any case the undoubtedly comic side of the matter should not blind us to the fact that it exhibits an astounding ignorance of the elements of profesional etiquette and we agree with the learned Judges of the Patna High Court that the Munsif of Samastipur was wholly justified in bringing the laxity to the notice of the High Court. [...] The principle of construction which should be applied to these cases is as follows :— If either the penalty be imposed by the Act upon each peson convicted even where the offence would in its own nature be single or if the quality of the offence be such that the guilt of one peson may be distinct from that of the others in either of these cases the penalties are several." (See R. v. Lit [...] The expressions an the Act obviously involves the punishment of an offender or offenders but the incidence of the fine with reference to such offender or offenders was not dealt with in the Act itself and the intention was to leave it to the general committee to make bye-laws dealing with the matter. [...] The purpose of the civil suit is to compel the Dfendant to compensate the Plaintiff for what he has unjustly suffered while the object of the criminal proceeding is punishment and the cure of what may be called a public) wrong. [...] with the maximum amount of the prescribed fine regardless of the number of persons who may have been associated with him in the commission of the breach.
law
Pages
4
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 June 25 1917
cxxi-cxxiv unknown view

Related Topics

All