cover image: The Criminal Law Journal of India  Journal  February 15  1908

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The Criminal Law Journal of India Journal February 15 1908

1908

"The jurisdiction of the court under which the process issued is a jurisdiction that it has inherited from the old Supreme Court and was conferred upon that court by the Charters of the Crown which invested it with all the powers and authority of the then Court of King's Bench and of the High Court of Chancery in Ureat Britain. [...] The state of the law as regards the moffussil courts before the Civil Procedure Code came into force avoids in itself an adequate explanation of the introduction of the penal provision in s. 136 without assuming any intention on the part of the Legislature to interfere with the jurisdiction of the High Courts in matters of contempt. [...] But if it appear on the face of the writ that the Court had exceeded its jurisdiction or if the offender hail no opportunity given him of defending or explaining his conduct or if the punishment awarded for the contempt was not appropriate to the defence the order of commitment will be set aside and the fine ordered to be sot aside by the Judicial Committee of the Privy Council. [...] In view of the notorious weakness of our inferior Courts of law as also of the unholy alliance of the judicial with the executive the absence of the jurisdiction will hardly be regretted. [...] 41 The various modes used were: To tear the victim in pieces while alive; cutting open the bowels and Fulling them out; opening the bowels while the victim was tied on the ground and turning wild hogs loose to feed-upon the prostrate suffering being; opening the howels at the anus and tying the end to a tree then driving the victim around the tree so as to draw the entrails out: piercing with hot
law
Pages
16
Published in
India
SARF Document ID
sarf.120178
Segment Pages Author Actions
The Criminal Law Journal of India Journal February 15 1908
33-48 S. D. Chaudhri view

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