Gopi Khatik Vs. Emperor

Gopi Khatik vs Emperor

Type Court Judgment Court Allahabad Decided Jun 23, 1922

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https://sooperkanoon.com/case/484331

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Citation: sooperkanoon.com/484331
Court: Allahabad
Judge: Ryves, J.
Decided On: Jun 23, 1922
Subject: Property

Case Summary

AI-generated summary - not the official court judgment text.

Sureties - Magistrate, duty of--Police report, acting on, illegal. - - It has been laid down in this Court for many years that when sureties are offered, it is the duty of the Court to accept them, unless the Court itself is satisfied that they are not proper persons.

Key legal issue: Property

Parties & Advocates

Appellant / Petitioner

Gopi Khatik

Respondent

Emperor

Legal References

Reported In: 68Ind.Cas.35

Excerpt

sureties - magistrate, duty of--police report, acting on, illegal. - - it has been laid down in this court for many years that when sureties are offered, it is the duty of the court to accept them, unless the court itself is satisfied that they are not proper persons.ryves, j.1. in revision, i do not think i am entitled to question the order itself, bat it seems to me that the learned magistrate is wrong in repeating the sureties on the report of the police. it has been laid down in this court for many years that when sureties are offered, it is the duty of the court to accept them, unless the court itself is satisfied that they are not proper persons. with these remarks i order the record to be returned. the application is rejected.

Full Judgment

Ryves, J.

1. In revision, I do not think I am entitled to question the order itself, bat it seems to me that the learned Magistrate is wrong in repeating the sureties on the report of the Police. It has been laid down in this Court for many years that when sureties are offered, it is the duty of the Court to accept them, unless the Court itself is satisfied that they are not proper persons. With these remarks I order the record to be returned. The application is rejected.

Same Parties Gopi Khatik vs Emperor Same Subject Property Same Judge Ryves, J.

Property