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 short notes of important decisions of other High Courts in India  Monday  April 29  1935

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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 short notes of important decisions of other High Courts in India Monday April 29 1935

1935

In an appeal the Court is barred by statute from enhancing the sentence and therefore when an appeal is dismissed and the Court considers that the sentence requires to be enhanced the latter question is by no means disposed of and the Court can and does resort to the powers in revision. [...] And Lord Atkin observed that " the Board might grant leave with a view not only to ensure the due administration of justice in the individual case; but also to preserve the due course of procedure generally." The order proposed by their Lordships in the judgmekit is accordingly in the form of a general declaration of the true meaning of the relevant provisions of the Code. [...] The purpose for which the Court refers to the statement is in order to see whether any part of the statement ought to be excluded under the 'second proviso to the section and not for the purpose of deciing whether there is in the statement matrial for cross-examination of the witness. [...] Subject to any part being excluded under the second provisO to the section the accused is entitled to a copy of the whole of the statment of the police. [...] 145 of the Evidence Act it is for the accused or his pleader to decide in what manner and to what extent he will use the statement for the purpose of cross-examination but the crosexamination on the statement must be cofined to alleged contradictions between the statement and the evidence-in-chief of the witness and must be carried out in the maner provided by the latter part of sec.
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 short notes of important decisions of other High Courts in India Monday April 29 1935
lxxxix-xcii unknown view

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