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In Re: Subramania Ayyar

Type Court Judgment Court Chennai Decided Aug 01, 1913
~1 min read
https://sooperkanoon.com/case/804369

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Citation
Court
Chennai
Decided On
Subject
Land Acquisition

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 530 - Bench of Magistrates--Conviction--Some not having heard evidence, effect of. -

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

In Re: Subramania Ayyar

Legal References

Cases Referred
and Damri Thakur v. Bhowani Sahoo
Reported In
29Ind.Cas.329

Excerpt

criminal procedure code (act v of 1898), section 530 - bench of magistrates--conviction--some not having heard evidence, effect of. - order1. in this case the petitioner was convicted by a bench of five magistrates, one of whom had not heard all the evidence. this vitiates the conviction-vide section 530 of the criminal procedure code, and hardwar singh lal v. khega ojha 20 c.p 870 [followed in queen-empress v. basappa 18 m.p 394 : 2 weir 17 and damri thakur v. bhowani sahoo 23 c.p 194. the conviction and sentence are set aside, and a re-trial is ordered.

Full Judgment

ORDER

1. In this case the petitioner was convicted by a Bench of five Magistrates, one of whom had not heard all the evidence. This vitiates the conviction-vide Section 530 of the Criminal Procedure Code, and Hardwar Singh Lal v. Khega Ojha 20 C.P 870 [followed in Queen-Empress v. Basappa 18 M.P 394 : 2 Weir 17 and Damri Thakur v. Bhowani Sahoo 23 C.P 194. The conviction and sentence are set aside, and a re-trial is ordered.

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Same Parties In Re: Subramania Ayyar vs Same Subject Land Acquisition
Land Acquisition

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