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In Re: Thirumal Reddy

Type Court Judgment Court Chennai Decided Jan 27, 1922
~1 min read
https://sooperkanoon.com/case/809405

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Citation
Court
Chennai
Judge
Decided On
Subject
Land Acquisition

Case Summary

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

Criminal Procedure Code (Act V of 1898), Section 106(3) - Absence of finding as to breach of peace--Appellate Court, whether may demand security. -

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

In Re: Thirumal Reddy

Legal References

Cases Referred
Muthiah Chetli v. Emperor
Reported In
AIR1923Mad133; 76Ind.Cas.966

Excerpt

criminal procedure code (act v of 1898), section 106(3) - absence of finding as to breach of peace--appellate court, whether may demand security. - 1. there is no finding that any branch of peace occurred. following muthiah chetli v. emperor 29 m. 190 : 3 cr. l.j. 461 which has not been overruled so far as this part of the case is concerned by the case of in re soldi gounden 21 ind. cas. 174 : 37 m. 153 : 14 m.l.t. 235 : (1913) m.w.n. 769 : 25 m.l.j. 403 : 14 cri. l.j. 574. i am of opinion that the appellate court was wrong in directing the accused to enter into a bond under section 106 of the code of criminal procedure.2. the order under section 106 is set aside.

Full Judgment

1. There is no finding that any branch of peace occurred. following Muthiah Chetli v. Emperor 29 M. 190 : 3 Cr. L.J. 461 which has not been overruled so far as this part of the case is concerned by the case of In re Soldi Gounden 21 Ind. Cas. 174 : 37 M. 153 : 14 M.L.T. 235 : (1913) M.W.N. 769 : 25 M.L.J. 403 : 14 Cri. L.J. 574. I am of opinion that the Appellate Court was wrong in directing the accused to enter into a bond under Section 106 of the Code of Criminal Procedure.

2. The order under Section 106 is set aside.

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