cover image: The Calcutta Weekly Notes  May 2  1949

Premium

20.500.12592/61vzp5

The Calcutta Weekly Notes May 2 1949

1949

In Huntley’s case for instance (49 C. W. N. 109 F. R.) the Federal Court did not accept the findings of facts arrived at by the lower Courts and allowed the appeal on the ground that it was not satisfied that the possibility of the Appellant having received the money on account of dmurrage had been excluded beyond reasoable doubt. [...] (By SUDHANSU SEKHAR MUKHERJI.) Under the existing law an appeal with regard to a criminal matter shall lie to the Federal Court only if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Government of India Act or of the 'Indian Independence Act or of any order made thereunder. [...] The Judicial Committee however in B. B. Singh's case (50 C. W. N. 348) felt compelled to go to the length of pointing out that " suspicion is not proof and that " it is impossible to say that the only legitmate inference from the motor car journey and disappeatince of Bilasia is that the Appellant killed Bilasia." Then in another case the High Court set aside the order of acquittal passed b [...] Nowadays in seine appeals defence Counsel put in the forefront of his argment the submission that the sanction to the prosecution does not constitute a due compliance with the relevant provisions of the statute inasmuch as the facts on which the proposed prosecution was to be based do not appear on the face of the sanction nor any extraneous evidence has been adduced to shew that the sanctionin [...] 77 of the Indian Rgistration Act the Civil Court is only cocerned with the two questions (1) whether the document bears the genuine signature of the executant and (2) whether the rquirements of the law for registering docments have been complied with ; it cannot go into such a defence as whether the docment was obtained by fraud or misreprsentation or even a defence that the mi
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes May 2 1949
xci-xciv unknown view

Related Topics

All