Kolkata Court December 1901 Judgments
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Kuldip Sahai Vs. Budhan Mahton
Court: Kolkata
Decided on: Dec-03-1901
Reported in: (1902)ILR29Cal410
Prinsep and Stephen, JJ.1. In this case there appears to have been a police investigation and a report made, so far as we can learn, to the effect that the case had been proved and the Subdivisional Magistrate thereupon directed the case to be entered as true, recording the offence under Section 147 of the Indian Penal Code, but he declined to order a judicial inquiry, because in his opinion there was no chance of a conviction and it would not serve any useful purpose. This order was passed notwithstanding a petition made by the complainant to the Subdivisional Magistrate. The complainant then petitioned the District Magistrate, and on this a judicial inquiry was ordered to be held by the Subordinate Magistrate. On receipt of the report of the Subordinate Magistrate, the District Magistrate recorded that in his opinion it was hopeless to call for an A Form, that is, to consider the evidence tendered by the complainant, the Subdivisions Magistrate had already passed final orders in the ...
Emperor Vs. Lyall and ors.
Court: Kolkata
Decided on: Dec-02-1901
Reported in: (1902)ILR29Cal128
Prinsep and Stephen, JJ.1. This is a trial held by the District Magistrate under Section 451 of the Code of Criminal Procedure, one of the accused being an European British subject and the others, who were natives of this country, having elected to be tried with him. The District Magistrate has disagreed with the unanimous verdict of the jury on the main points of the case and has referred it to this Court under Section 307 of the Coda of Criminal Procedure.2. The prosecution and the defence have been both represented by learned Counsel, and we have therefore had the advantage of a complete argument on the case. Mr. Pugh who appears for Lyall, a tea planter and an European British subject, contends on the authority of several reported cases that we are bound to act in accordance with the unanimous verdict of the jury, unless it is shown to be perverse or clearly or manifestly wrong. Since those cases, however, the terms of Section 307 of the Code of 1882, under which the most recent of...
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