Chand Khan Vs. the Empress

Chand Khan vs The Empress

Type Court Judgment Court Kolkata Decided May 28, 1883

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https://sooperkanoon.com/case/860432

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Citation: sooperkanoon.com/860432
Court: Kolkata
Judge: Prinsep and ;O'Kinealy, JJ.
Decided On: May 28, 1883
Subject: Criminal

Case Summary

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

Appeal - Security for good behaviour--Code of Criminal Procedure (Act X of 1882), Sections 110, 118 and 123. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Chand Khan

Respondent

The Empress

Legal References

Reported In: (1883)ILR9Cal878

Excerpt

appeal - security for good behaviour--code of criminal procedure (act x of 1882), sections 110, 118 and 123. - prinsep, j.1. we think that no appeal lies in this case. section 406 provides expressly for an appeal on behalf of a person required by a magistrate, other than the district magistrate or a presidency magistrate, to give security for good behaviour, and the law nowhere declares that any appeal shall lie in other cases of this class. the order moreover is not a conviction on a trial held by a sessions judge (section 410), nor a sentence of the district magistrate subject to the confirmation of the sessions judge (section 408a), and, therefore under section 404 no appeal would lie.

Full Judgment

Prinsep, J.

1. We think that no appeal lies in this case. Section 406 provides expressly for an appeal on behalf of a person required by a Magistrate, other than the District Magistrate or a Presidency Magistrate, to give security for good behaviour, and the law nowhere declares that any appeal shall lie in other cases of this class. The order moreover is not a conviction on a trial held by a Sessions Judge (Section 410), nor a sentence of the District Magistrate subject to the confirmation of the Sessions Judge (Section 408a), and, therefore under Section 404 no appeal would lie.

Same Parties Chand Khan vs The Empress Same Subject Criminal Same Judge Prinsep and ;O'Kinealy, JJ.

Criminal