SufferuddIn Vs. Ibrahim

Sufferuddin vs ibrahim

Type Court Judgment Court Kolkata Decided Apr 30, 1878

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Citation: sooperkanoon.com/874283
Court: Kolkata
Judge: Markby and ;Prinsep, JJ.
Decided On: Apr 30, 1878
Subject: Criminal

Case Summary

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

Jurisdiction - Bench of Magistrates--Criminal Procedure Code (Act X of 1878), Sections 50, 530. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Sufferuddin

Respondent

ibrahim

Legal References

Reported In: (1878)ILR3Cal755

Excerpt

jurisdiction - bench of magistrates--criminal procedure code (act x of 1878), sections 50, 530. - prinsep, j.1. in addition to the reasons stated by the sessions judge, we are of opinion that it was not competent to a bench of magistrates to deal with a case under section 530. a bench may be empowered under section 50 'to try such cases or such classes of cases only and within such limits as the government may direct.' the definition of the term 'trial' shows that it refers only to trials for offences, and not to miscellaneous matters such as those coming within section 530. so that in this view of the law also the order passed was illegal: it is accordingly set aside.

Full Judgment

Prinsep, J.

1. In addition to the reasons stated by the Sessions Judge, we are of opinion that it was not competent to a Bench of Magistrates to deal with a case under Section 530. A Bench may be empowered under Section 50 'to try such cases or such classes of cases only and within such limits as the Government may direct.' The definition of the term 'trial' shows that it refers only to trials for offences, and not to miscellaneous matters such as those coming within Section 530. So that in this view of the law also the order passed was illegal: it is accordingly set aside.

Same Parties Sufferuddin vs ibrahim Same Subject Criminal Same Judge Markby and ;Prinsep, JJ.

Criminal