Kuttiyali Vs Pari Makri and ors - Citation 775286 - Court Judgment

Excerpt:

Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 120]Code Context                                echo "<div class='table-bordered'><b>Excerpt:</b><br/>";

                                    if (trim($desc['Judgement']['casenote'])) {

                                        echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['casenote']))), $query);
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
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			'casename' => 'Kuttiyali Vs. Pari Makri and ors.',
			'casenote' => 'Criminal Procedure Code, Section 247 - Acquittal--Absence of prosecutor when case called on--Subsequent appearance on same day. - Section 16 (1) (c) :[Tarun Chatterjee & Aftab Alam,JJ] Ready and willing to perform-Concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - Buyers failing to pay balance consideration before agitating matter before Supreme Court  Held, Concurrent finding cannot be interfered with. 

Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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			'judge' => 'Hutchins, J.',
			'judgement' => '<p style="text-align: justify;">Hutchins, J.</p><p style="text-align: justify;">1. The only point raised in this case is that a Magistrate, before acquitting an accused person under Section 247 for the complainant's default of appearance, is bound to wait till his Court is about to close for the day. I can see no foundation for this contention. The case was called on at 1-30, and it is admitted that the complainant was not present. Thereupon, the Magistrate was bound by Section 247 to acquit the accused, 'unless for some reason he thought proper to adjourn the hearing to some other day, 'or to a later hour on the same day.</p><p style="text-align: justify;">2. I see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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			'overruledby' => null,
			'prhistory' => '',
			'pubs' => '(1883)ILR7Mad356',
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		'casename' => 'Kuttiyali Vs. Pari Makri and ors.',
		'casenote' => 'Criminal Procedure Code, Section 247 - Acquittal--Absence of prosecutor when case called on--Subsequent appearance on same day. - Section 16 (1) (c) :[Tarun Chatterjee & Aftab Alam,JJ] Ready and willing to perform-Concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - Buyers failing to pay balance consideration before agitating matter before Supreme Court  Held, Concurrent finding cannot be interfered with. 

Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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		'judgement' => '<p>Hutchins, J.</p><p>1. The only point raised in this case is that a Magistrate, before acquitting an accused person under Section 247 for the complainant's default of appearance, is bound to wait till his Court is about to close for the day. I can see no foundation for this contention. The case was called on at 1-30, and it is admitted that the complainant was not present. Thereupon, the Magistrate was bound by Section 247 to acquit the accused, 'unless for some reason he thought proper to adjourn the hearing to some other day, 'or to a later hour on the same day.</p><p>2. I see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.<p></p><p>',
		'observations' => null,
		'overruledby' => null,
		'prhistory' => '',
		'pubs' => '(1883)ILR7Mad356',
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include - APP/View/Case/amp.ctp, line 120
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 120]Code Context                                echo "<div class='table-bordered'><b>Excerpt:</b><br/>";

                                    if (trim($desc['Judgement']['casenote'])) {

                                        echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['casenote']))), $query);
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			'casename' => 'Kuttiyali Vs. Pari Makri and ors.',
			'casenote' => 'Criminal Procedure Code, Section 247 - Acquittal--Absence of prosecutor when case called on--Subsequent appearance on same day. - Section 16 (1) (c) :[Tarun Chatterjee & Aftab Alam,JJ] Ready and willing to perform-Concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - Buyers failing to pay balance consideration before agitating matter before Supreme Court  Held, Concurrent finding cannot be interfered with. 

Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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			'judge' => 'Hutchins, J.',
			'judgement' => '<p style="text-align: justify;">Hutchins, J.</p><p style="text-align: justify;">1. The only point raised in this case is that a Magistrate, before acquitting an accused person under Section 247 for the complainant's default of appearance, is bound to wait till his Court is about to close for the day. I can see no foundation for this contention. The case was called on at 1-30, and it is admitted that the complainant was not present. Thereupon, the Magistrate was bound by Section 247 to acquit the accused, 'unless for some reason he thought proper to adjourn the hearing to some other day, 'or to a later hour on the same day.</p><p style="text-align: justify;">2. I see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.<p style="text-align: justify;"></p><p style="text-align: justify;">',
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		'casename' => 'Kuttiyali Vs. Pari Makri and ors.',
		'casenote' => 'Criminal Procedure Code, Section 247 - Acquittal--Absence of prosecutor when case called on--Subsequent appearance on same day. - Section 16 (1) (c) :[Tarun Chatterjee & Aftab Alam,JJ] Ready and willing to perform-Concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - Buyers failing to pay balance consideration before agitating matter before Supreme Court  Held, Concurrent finding cannot be interfered with. 

Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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include - APP/View/Case/amp.ctp, line 120
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

criminal procedure code, section 247 - acquittal--absence of prosecutor when case called on--subsequent appearance on same day. - section 16 (1) (c) :[tarun chatterjee & aftab alam,jj] ready and willing to perform-concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - buyers failing to pay balance consideration before agitating matter before supreme court held, concurrent finding cannot be interfered with. section 20: [tarun chatterjee & aftab alam,jj] whether time is the essence of contract held, many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. clear condition in contract that purchasers would.....

Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]Code Context                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
$viewFile = '/home/legalcrystal/app/View/Case/amp.ctp'
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			'id' => '775286',
			'acts' => '',
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			'appellant' => 'Kuttiyali',
			'authreffered' => '',
			'casename' => 'Kuttiyali Vs. Pari Makri and ors.',
			'casenote' => 'Criminal Procedure Code, Section 247 - Acquittal--Absence of prosecutor when case called on--Subsequent appearance on same day. - Section 16 (1) (c) :[Tarun Chatterjee & Aftab Alam,JJ] Ready and willing to perform-Concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - Buyers failing to pay balance consideration before agitating matter before Supreme Court  Held, Concurrent finding cannot be interfered with. 

Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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		'casename' => 'Kuttiyali Vs. Pari Makri and ors.',
		'casenote' => 'Criminal Procedure Code, Section 247 - Acquittal--Absence of prosecutor when case called on--Subsequent appearance on same day. - Section 16 (1) (c) :[Tarun Chatterjee & Aftab Alam,JJ] Ready and willing to perform-Concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - Buyers failing to pay balance consideration before agitating matter before Supreme Court  Held, Concurrent finding cannot be interfered with. 

Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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include - APP/View/Case/amp.ctp, line 123
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]Code Context                                    }

                                //highest occurence of word in the judgement

                                echo $this->Wand->highlight($this->Excerpt->extractRelevant($kword,strtolower(strip_tags($desc['Judgement']['judgement']))), $query) . "</div>";
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Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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		'casename' => 'Kuttiyali Vs. Pari Makri and ors.',
		'casenote' => 'Criminal Procedure Code, Section 247 - Acquittal--Absence of prosecutor when case called on--Subsequent appearance on same day. - Section 16 (1) (c) :[Tarun Chatterjee & Aftab Alam,JJ] Ready and willing to perform-Concurrent findings of fact on consideration of evidence on record that appellants-buyers were not ready and willing to perform terms and conditions of agreement for sale - Buyers failing to pay balance consideration before agitating matter before Supreme Court  Held, Concurrent finding cannot be interfered with. 

Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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include - APP/View/Case/amp.ctp, line 123
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Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

hutchins, j.1. the only point raised in this case is that a magistrate, before acquitting an accused person under section 247 for the complainant's default of appearance, is bound to wait till his court is about to close for the day. i can see no foundation for this contention. the case was called on at 1-30, and it is admitted that the complainant was not present. thereupon, the magistrate was bound by section 247 to acquit the accused, 'unless for some reason he thought proper to adjourn the hearing to some other day, 'or to a later hour on the same day.2. i see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.

Judgment:

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Context                                         echo $this->Adsense->display('responsive_rect'); 

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Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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View::render() - CORE/Cake/View/View.php, line 473
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Hutchins, J.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Context                                         echo $this->Adsense->display('responsive_rect'); 

                                        }

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Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
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1. The only point raised in this case is that a Magistrate, before acquitting an accused person under Section 247 for the complainant's default of appearance, is bound to wait till his Court is about to close for the day. I can see no foundation for this contention. The case was called on at 1-30, and it is admitted that the complainant was not present. Thereupon, the Magistrate was bound by Section 247 to acquit the accused, 'unless for some reason he thought proper to adjourn the hearing to some other day, 'or to a later hour on the same day.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Context                                         echo $this->Adsense->display('responsive_rect'); 

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Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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include - APP/View/Case/amp.ctp, line 144
View::_evaluate() - CORE/Cake/View/View.php, line 971
View::_render() - CORE/Cake/View/View.php, line 933
View::render() - CORE/Cake/View/View.php, line 473
Controller::render() - CORE/Cake/Controller/Controller.php, line 963
Dispatcher::_invoke() - CORE/Cake/Routing/Dispatcher.php, line 200
Dispatcher::dispatch() - CORE/Cake/Routing/Dispatcher.php, line 167
[main] - APP/webroot/index.php, line 109

2. I see nothing illegal in his acquitting the accused at once, and accordingly decline to interfere.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]Code Context                                         echo $this->Adsense->display('responsive_rect'); 

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Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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Section 20: [Tarun Chatterjee & Aftab Alam,JJ] Whether Time is the essence of contract  Held, Many instance in contract which repeatedly showed that time was to be of essence of contract were specifically mentioned. Clear condition in contract that purchasers would have to definitely deposit balance amount by date stipulated in contract for sale show that time was essence of contract. ',
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Subject	Criminal
Court	Chennai
Decided On	Mar-18-1884
Judge	Hutchins, J.
Reported in	(1883)ILR7Mad356
Appellant	Kuttiyali
Respondent	Pari Makri and ors.

Kuttiyali Vs. Pari Makri and ors. - Court Judgment