Malan Vs. the Queen - Court Judgment

SooperKanoon Citationsooperkanoon.com/773879
SubjectCriminal
CourtChennai
Decided OnFeb-08-1882
JudgeInnes and ;Kernan, JJ.
Reported in(1882)ILR5Mad11
AppellantMalan
RespondentThe Queen
Excerpt:
criminal procedure code, section 278 - duty of court to fix a date in such case. - innes and kernan, jj.1. the sessions judge, in answer to proceedings of this court, no. 36, dated 16th january 1882, reports that he did not fix a time as directed by section 278, and that the prisoner was in jail.2. it is to meet such a case that the agent of the party is entitled to appear and that a day should be fixed.3. the judge says that a general notice is posted in his court stating that appeals will be heard for admission only on the first court day next after presentation. this practice is not a compliance with the act.4. there is no presumption that the lowest class of people who cannot read know of this practice. a time is by law required to be fixed in each case.5. the order passed is set aside. the sessions judge is directed to fix a time and to rehear the appeal.
Judgment:

Innes and Kernan, JJ.

1. The Sessions Judge, in answer to Proceedings of this Court, No. 36, dated 16th January 1882, reports that he did not fix a time as directed by Section 278, and that the prisoner was in jail.

2. It is to meet such a case that the agent of the party is entitled to appear and that a day should be fixed.

3. The Judge says that a general notice is posted in his Court stating that appeals will be heard for admission only on the first Court day next after presentation. This practice is not a compliance with the Act.

4. There is no presumption that the lowest class of people who cannot read know of this practice. A time is by law required to be fixed in each case.

5. The order passed is set aside. The Sessions Judge is directed to fix a time and to rehear the appeal.