Queen-empress Vs. Ishwar Chandra Sur

Queen-empress vs ishwar Chandra Sur

Type Court Judgment Court Kolkata Decided Oct 24, 1884

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Citation: sooperkanoon.com/868384
Court: Kolkata
Judge: Wilson and ;Macpherson, JJ.
Decided On: Oct 24, 1884
Subject: Criminal

Case Summary

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

Criminal Procedure Code - Act X of 1882, Sections 109, 110 and 112--Security for good behaviour. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

ishwar Chandra Sur

Legal References

Reported In: (1885)ILR11Cal13

Excerpt

criminal procedure code - act x of 1882, sections 109, 110 and 112--security for good behaviour. - macpherson, j.1. we think the sessions judge is right and that the order must be set aside. the record does not show, and the magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.2. it is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one under section 109 or section 110 of the criminal procedure code.

Full Judgment

Macpherson, J.

1. We think the Sessions Judge is right and that the order must be set aside. The record does not show, and the Magistrate in his explanation does not say, that the accused had an opportunity of entering upon his defence or of citing witnesses.

2. It is, moreover, by no means clear that the accused knew whether the accusation which he bad to meet was one under Section 109 or Section 110 of the Criminal Procedure Code.

Same Parties Queen-empress vs ishwar Chandra Sur Same Subject Criminal Same Judge Wilson and ;Macpherson, JJ.

Criminal