Kolkata Court February 1900 Judgments
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Khedu Mahto Vs. Budhun Mahto
Court: Kolkata
Decided on: Feb-01-1900
Reported in: (1900)ILR27Cal508
Francis W. Maclean, K.C.I.E., C.J.1. It is, I think, reasonably clear that the question referred to us ought to be, and must be, answered in the negative. It is urged by the appellant that a second appeal lies under Section 584 of the Code of Civil Procedure. It is true an appeal lies under that section 'unless otherwise provided by this Code or by any other law,' and by Section 4 of the same Code nothing contained in that Code shall be deemed to affect 'any law heretofore or hereafter passed under the Indian Councils Act, 1861, by a Governor or a Lieutenant-Governor in Council, prescribing a special procedure for suits between landholders and their tenants,' The Chota Nagpore Landlord and Tenant Procedure Act (Bengal Act I of 1879) is concededly covered by Section 4 of the Code, and the question we have to decide is whether, upon the construction of that Act, a second appeal lies. The sections, upon which the question turns, are Sections 37 and 144.2. Section 37 provides that 'all sui...
Nakhi Lal Jha Vs. Queen-empress
Court: Kolkata
Decided on: Feb-01-1900
Reported in: (1900)ILR27Cal656
Prinsep, J.1. The rule must be made absolute on both the grounds stated.2. This is a reference to the Sessions Judge under Section 123 of the Code of Criminal Procedure, the person bound over to give security for good behaviour not being able to furnish security, and being in consequence liable to imprisonment, under the Magistrate's order, for the term of three years, subject to confirmation by the Sessions Judge. We have no doubt that, on hearing such a reference, the Sessions Judge is bound to give notice to the person concerned and also to hear him by pleader, if he should be so represented. The Sessions Judge in his judgment seems to think that this was unnecessary, and that it was only, if he thought that there were good grounds for requiring a pleader to appear before him, that he was bound to allow such appearance. Section 340 of the Code of Criminal Procedure declares that every person accused before a Criminal Court may of right be defended by a pleader, and the term 'accused...
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