Malan Vs. the Queen

Malan vs The Queen

Type Court Judgment Court Chennai Decided Feb 08, 1882

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https://sooperkanoon.com/case/773879

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Citation: sooperkanoon.com/773879
Court: Chennai
Judge: Innes and ;Kernan, JJ.
Decided On: Feb 08, 1882
Subject: Criminal

Case Summary

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

Criminal Procedure Code, Section 278 - Duty of Court to fix a date in such case. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Malan

Respondent

The Queen

Legal References

Reported In: (1882)ILR5Mad11

Excerpt

criminal procedure code, section 278 - duty of court to fix a date in such case. - innes and kernan, jj.1. the sessions judge, in answer to proceedings of this court, no. 36, dated 16th january 1882, reports that he did not fix a time as directed by section 278, and that the prisoner was in jail.2. it is to meet such a case that the agent of the party is entitled to appear and that a day should be fixed.3. the judge says that a general notice is posted in his court stating that appeals will be heard for admission only on the first court day next after presentation. this practice is not a compliance with the act.4. there is no presumption that the lowest class of people who cannot read know of this practice. a time is by law required to be fixed in each case.5. the order passed is set aside. the sessions judge is directed to fix a time and to rehear the appeal.

Full Judgment

Innes and Kernan, JJ.

1. The Sessions Judge, in answer to Proceedings of this Court, No. 36, dated 16th January 1882, reports that he did not fix a time as directed by Section 278, and that the prisoner was in jail.

2. It is to meet such a case that the agent of the party is entitled to appear and that a day should be fixed.

3. The Judge says that a general notice is posted in his Court stating that appeals will be heard for admission only on the first Court day next after presentation. This practice is not a compliance with the Act.

4. There is no presumption that the lowest class of people who cannot read know of this practice. A time is by law required to be fixed in each case.

5. The order passed is set aside. The Sessions Judge is directed to fix a time and to rehear the appeal.

Same Parties Malan vs The Queen Same Subject Criminal Same Judge Innes and ;Kernan, JJ.

Criminal