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  August 23  1926

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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 Law Courts Monday August 23 1926

1926

A question has been raised by two learned correspondents in the last and the previous issues of our journal as to the legality of a recent excutive circular of the Government of Bengal rquiring Mofussil Courts to insist on the filing of separate powers by a party in a criminal case in which he is represented both by a pleader and a muktear and we have been asked by the learned correspondents [...] At the same time preservtion of law and order and the sate.-guaring of the community at large being the prime consideration in inflicting a punishment on an offender who has broken the law and has done injury to a fellow citizen this right of the ijured party is subject to the limitation that in cases of serious offences the compounding must be with the leave of the Court. [...] Once the settlement is effected in accordance with law the accused can no longer be put in peril of a futher prosecution for the same offence ; in other words the compounding will have the effect of an acquittal of the accused. [...] But as the finding of the lower Appellate Court on the fact of Plaintiff's possession at the date of suit was conclusive Cnming J. rightly held that the suit was barred by the 'proyisions of sec. [...] The chief question in the appeal is whether the Commissioner had power to revise the decisions of the lower Courts in India.
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 August 23 1926
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