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 25  1938

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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 25 1938

1938

As is well known signatures of the Advocates are obtained only on decrees which vary or modify or reverse the decree appealed from; and the practice heretofore has been after the decree has been drawn up to send it to the Advocates by one of the orderlies of the Court who presented it to the Advocates either in the rooms of the Bar Association or in some Court-room where the Advocates might be [...] But whatever the reason for the change may have been we desire to draw the attention of the Hon'ble the Chief Justice and the Registrar to the inconvenience it has been causing alike to the Advocates the Bencclerks and we think also Hon'ble Judges who have to bear with bent figures before the seat of judgment carrying on a whisper.- ed conversation with the officers. [...] Then the proviso directs that where any first offender is convicted by a Magistrate of the third class or a Magitrate of the second class not especially epowered by the Local Government in this behalf and the Magistrate is of opinion that the powers conferred by the section " should be exercised he shall record his opinion to that effect and submit the proceedings to a Magistrate of the [...] 562 as it originally stood required the Court in considering whether the powers in the sub-section should be applied to have rgard not only to the youth character and antecedents of the offender (as at present) but to the trivial nature of the offence and to any extenuating circumstances under which the offence was committed. [...] Therefore: both on the -language of the section as it stands and on a consideration of the policy of the legislature as appearing from the history of the enactment and the language of the section as a whole it is clear that the proviso to sub-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 25 1938
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