The Calcutta Weekly Notes Monday July 26 1937

The question involved in the present case was whether on setting aside the verdict of the jury in an appeal by the accused the High Court has power to direct re-trial on all the charges originally framed including those of which the accused was acquitted. [...] 439 (4) of the Code and the Privy Council added that the order could not be upheld simply on the ground that at the date of their appliction the Government could yet have prferred an appeal and the High Court might and would have convicted the accused of murder with the same materials before it. [...] On return of the notice the High Court held that the acquittal could not in revision be converted into coviction and the learned Judges made the folowing observation which is included in the passage quoted and approved of by the Judcial Committee: " The only method by which it would be possible to obtain a conviction of murder would be by an appeal by the Goernment against the convic [...] The argument that may be drawn from the existence of revisional powers cannot be available in the case of the former and therefore the power to interfere with an acquittal in an appeal by the accused must be shown to exist within the terms of sec. [...] The present suit was brought by her for getting the maintenance fixed in the former suit charged on the property of the Defendant on the ground that the Defedant was intending to transfer or make a gift of the property in suit with a view to interfere with the maintenance allowance of the Plaintiff : Held (HARRIS and GANGA NATH JJ.)— That the second suit was barred under Or.