cover image: The Criminal Law Journal of India  May 1927

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The Criminal Law Journal of India May 1927

1927

It is rather with this latter kind of identification with which the Court of Criminal Appeal was concerned in the above mentioned case the objection to the identification being that the winesses for the prosecution were shown photographs of the two prisoners before the actual identification took place. [...] In the service of proce'ss notice and pleadings it has been held that the rule applies: e. g. where service of summons is required to be made at least six days before the return day a service in the afternoon of the second day of April has been held valid where returnable in the morning of the eighth of April. [...] Hence where a judgment was entered on the day of the death of a defendant but after the time of his death it has been held that the fiction of the rlation of judgments to the first moment of the day of entry does not apply and that such judgment is not entitled to priority out of the proceeds of the sale of real estate over the claims gf general creditors. [...] The doctrine that fractions of a day will not be regarded in the entry of judgments and the consequent relation back of their lien of a judgment to the first moment of the day of entry results in the rule that judgments entered on the same day have equal priority and gives rise to the priciple that a judgment has priority over any conveyance entered upon the same day. [...] His sugestions and criticisms Have been greatly appreciated by the Bench and the Bar and have even made a mark in the progress of the Law of Limitation in British"60 THE CRIMINAL LAW JOURNAL [190 In the present Edition the learned author has incorporated all the legislative amenments and noted the changes introduced by judicial decWons since the date of the publication of the last edition.
law
Pages
8
Published in
India
SARF Document ID
sarf.120178
Segment Pages Author Actions
The Criminal Law Journal of India May 1927
53-60 A.N. Aiyar, Z.K. Chaudhuri view

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