The Empress Vs. Jyadulla

The Empress vs Jyadulla

Type Court Judgment Court Kolkata Decided Mar 26, 1877

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Citation: sooperkanoon.com/855006
Court: Kolkata
Judge: Richard Garth, C.J., ;Kemp, ;Jackson, ;Macpherson and ;Ainslie, JJ.
Decided On: Mar 26, 1877
Subject: Criminal;Limitation

Case Summary

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

Criminal Procedure Code (Act X of 1872), Section 272 - Appeal--Acquittal--Limitation--Act IX of 1871, Section 5, Clause b, and Schedule II, Article 153--Act XI of 1874, Section 23. -

Key legal issue: Criminal;Limitation

Parties & Advocates

Appellant / Petitioner

The Empress

Respondent

Jyadulla

Legal References

Reported In: (1877)ILR2Cal436

Excerpt

criminal procedure code (act x of 1872), section 272 - appeal--acquittal--limitation--act ix of 1871, section 5, clause b, and schedule ii, article 153--act xi of 1874, section 23. - richard garth, c.j.1. we are of opinion that an appeal from an order of acquittal is within time if presented within six months from the date of the order of acquittal. the sixty days' rule does not apply.[1][1] ed note. in 'reg. v. dorabji balabhai' (11 bom. rep. p. 117) it was held, that section 272 of act x of 1872 must be read by itself.

Full Judgment

Richard Garth, C.J.

1. We are of opinion that an appeal from an order of acquittal is within time if presented within six months from the date of the order of acquittal. The sixty days' rule does not apply.[1]

[1] Ed Note. In 'Reg. V. Dorabji Balabhai' (11 Bom. Rep. P. 117) it was held, that Section 272 of Act X of 1872 must be read by itself.

Same Parties The Empress vs Jyadulla Same Subject Criminal;Limitation Same Judge Richard Garth, C.J., ;Kemp, ;Jackson, ;Macpherson and ;Ainsli...

Criminal;Limitation