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 28  1928

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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 May 28 1928

1928

The case was the first arising under the Indian and Colonial Divorce (Jurisdiction) Act of 1926 and in discusing what the powers of the Indian Courts are under the law now fln force his Lordship -Passed all the successive enactments on the subject in a historical review. [...] The intention of the legislature was undoubtedly to make it the imperative duty of the Magistrate to acquit an accused where in a case started on a complaint the complainant does not choose to appear on the day of hearing. [...] The concluding words of the section which give the Magistrate power not to record an order of acquittal under certain circumstances but to adjourn the hearing to some other day sufficiently indcate the true scope of the section and the proper construction to be put on the wdrds " complainant does not appear." The necessity of holding an enquiry as to whether the non-appearance of the cam pla [...] In such a case if the charge is compounable the complainant if he had been living might have exercised his option and copougded the offence but when he is dead and the law does not allow any one else to exercise the option of compounding the offence it is the bounden duty of the Magitrate to consider whether the proceedings should be allowed to be dropped and the case should not be tried [...] The importance of the question of the effect of the death of a complainant in a summons case seems to have been overlooed both in the Calcutta and Madras cases Wore parttcularly in the latter.
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 May 28 1928
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