cover image: The Calcutta Weekly Notes  Monday  July 1  1929

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20.500.12592/v4v3d6

The Calcutta Weekly Notes Monday July 1 1929

1929

5 (I) of the Criminal Law Amendment Act 1885 yet under the new Act it will be a defence to prove that before the alleged offence the Dfendant had "gone through a form of marriage with the girl and had at that time and at the time of the alleged offence reasonable cause to believe that the girl was above the age of sixteen years." The discussion in the House of Ludo ss to whether mar. [...] (1) lays down that if in any such case the Judge disagrees with the verdict of the jurors on all or any of the charges on which any accused person has been tried and is clearly of opinion that it is necessary for the ends of justice to submit the case in respect of such accused person to the High Court he shall submit the case accordingly recording the grounds of his opinion. [...] Reading the two sections together it apears that the legislature does not epressly provide for a case in which the Judge expresses disagreement with the vedict of the jurors but at the same time is not clearly of opinion that it is necessary for the ends of justice to submit the case to the High Court. [...] alive to the possibility of such a contingency as arises in the hypothetical case stated above and the inference follows that the legislature treated a case in which a Judge clearly epresses disagreement with the jury as a case ill which he is clearly of opinion that a reference to the High Court is necessary for the ends of justice. [...] Thereafter a conditional order was passed against the second party directing him to remove the obstruction from the said public path but the latter set up the case that the site of the obstruction was his own private land and demanded a jury to enquire into and try the reasonableness of the order.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday July 1 1929
cxxxiii-cxxxvi unknown view

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