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In Re: Latchumana Talavan and ors.

Type Court Judgment Court Chennai Decided Jan 07, 1910
~1 min read
https://sooperkanoon.com/case/803750

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 106 - Convicting Court--Second Class Magistrate--Direction to execute bond in appeal--Illegal. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Latchumana Talavan and ors.

Legal References

Cases Referred
and Paramasiva Pillai v. Emperor
Reported In
5Ind.Cas.807

Excerpt

criminal procedure code (act v of 1898), section 106 - convicting court--second class magistrate--direction to execute bond in appeal--illegal. - order1. the order of the deputy magistrate in appeal directing the execution of a bond tinder section 106, criminal procedure code, is illegal as the convicting court was a 2nd class magistrate and, therefore, not a magistrate who could make an order under that section; muthiah chetti v. emperor 29 m. 190 : 3 cri. l.j. 461 and paramasiva pillai v. emperor 30 m. 48 : 1 m.l.t. 403 : 5 cri. l.j. 88. we, therefore, set aside this order of the deputy magistrate.

Full Judgment

ORDER

1. The order of the Deputy Magistrate in appeal directing the execution of a bond tinder Section 106, Criminal Procedure Code, is illegal as the convicting Court was a 2nd Class Magistrate and, therefore, not a Magistrate who could make an order under that section; Muthiah Chetti v. Emperor 29 M. 190 : 3 Cri. L.J. 461 and Paramasiva Pillai v. Emperor 30 M. 48 : 1 M.L.T. 403 : 5 Cri. L.J. 88. We, therefore, set aside this order of the Deputy Magistrate.

Continue Your Research

Same Parties In Re: Latchumana Talavan and ors. vs Same Subject Criminal Same Judge Ralph Benson and ;Abdur Rahim, JJ.
Criminal criminal procedure set aside

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