Court : Kolkata
Reported in : AIR1925Cal587
..... character not having been complied with the records of the so-called confessions are inadmissible in evidence. in support of this contention reference has been made to the amendments introduced by act xviii of 1923, and reliance has been placed upon the decisions in the cases of jainarain lal v. queen empress [1890] 17 cal. 862 and queen-empress ..... of view of their character as such.9. for this purpose it is first of all necessary to refer to the provisions contained in section 24 of the indian evidence act. section 24 runs thus:a confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to ..... rightly pointed out by the learned standing counsel, there is no proof on the record in the sense in which the word ' proof ' is defined in the indian evidence act; and judging from the way in which the cross-examination of the inspector was conducted it would seem that no very special reliance was placed upon them. in considering .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.231
..... congnisance of the court of sessions. and i hereby direct that you be tried by the said court on the said charge.25. it is difficult to see why this amendment was made; if any thing, the charge framed by the committing magistrate was fuller and more specific in details and gave the cussed better notice of the case they ..... within the cognizance of the court of sessions. and i hereby direct that you be tried by the said court on the said charge.24. it assumed this form on amendment of a charge of conspiracy which the committing magistrate had framed in these words.that you, between december, 1923 and 7th january, 1924 at daria p.s. canning, did ..... were committed. whether the offences were separable or not, so as to justify the application of section 71 of the indian penal code, is outside the purview of this enquiry. they may have been committed by one single act or set of acts, but the result has been seven different offences. that they are distinct offences cannot for a moment be doubted. .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal347
..... been granted, it is hardly necessary to deal with the first argument that there is no right of appeal. such right of appeal as is created by the amending act is contained in a chapter---no. xxxiii---which, except for the one section 419, has no application to presidency towns and the trials held in this court ..... under normal procedure. chapter xliva contains provisions for european and indian british subjects in cases to which chapter xxxiii does not apply. under this chapter the accused might have claimed the status of a european british subject with a ..... nor does it matter whether the appellant understood the conversation that passed between abdul razak and rai mohan saha. so far as the offence under section 420 of the indian penal code is concerned, i am of opinion that the appellant has been rightly convicted in respect thereof.32. having regard, however, to the circumstances mentioned in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal14,84Ind.Cas.1041
..... granted, it is hardly necessary to deal with the first argument, that there is no right of appeal. such right of appeal as is created by the amending act is contained in chapter no. xxxiii which except for the one section 444, has no application to presidency towns, and the trials held in this court under normal ..... cheque. nor does it matter whether the appellant understood the conversation that passed between abdul razak and rai mohan saha, so far as the offence under section 420, indian penal code, is concerned, i am of opinion that the appellant has been rightly convicted in respect thereof.40. having regard, however, to the circumstances mentioned in ..... procedure. chapter xliv-a contains provisions for european and indian british subjects in cases to which chapter xxxiii does not apply. under this chapter the accused might have claimed the status of european british subject with a view .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal319
..... bench should not pass any order upon the present application. with regard to this matter, i should like to say only this: that by the amendment introduced by the amending act (xii of 1923) to section 491 of the code of criminal procedure the rules framed by this court for dealing with an application under section ..... arrived and is not available for execution.23. the legislature has made ample provisions for the arrest and detention of persons under similar circumstances. under the indian extradition act (xv of 1903) ample provision has been made by chapter iii for the surrender of fugitive criminals in cases of states other than foreign states. ..... for the issuing of endorsed warrants and provisional warrants-the provisions for issuing provisional warrants corresponding in some respects to those contained in section 10 of the indian extradition act.24. to allow a person to be arrested by the police when no extradition warrant has been issued, nor any requisition made, and no assistance is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal278,85Ind.Cas.913
..... banish should not pass any order upon the present application. with regard to this matter, i should like to say only this: that by the amendment introduced by the amending act (xii of 1923) to section 491, criminal procedure code, the rules framed by this court far dealing with an application under section 491 have now become ..... arrived and is not available for execution.24. the legislature has made ample provisions for the arrest and detention of persons under similar circumstances. under the indian extradition act (xiv of 1913) ample provision has been made by chapter iii for the surrender of fugitive criminals in cases of states other than. foreign states. ..... the issuing of endorsed warrants and provincial warrants-the provisions for issuing provincial warrants corresponding in some respect to those contained in section 10 of the indian extradition act.25. to allow a person to be arrested by the police when no extradition warrant has been issued nor any requisition made and no assistance .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal463
..... in my view by certain other considerations as well. in the first place the general tendency of the amending acts of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... of acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding sentence or order appealed against' occurs. under the indian limitation act, for the purpose of a criminal appeal, time runs from the date of the sentence or order appealed against,---indicating that orders of acquittal are orders and not ..... superior courts in this country, and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of those decisions they only amended chapter xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.135
..... in my view by certain other considerations as well. in the first place the general tendency of the amending act of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... of acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding, sentence or order appealed against' occurs. under the indian limitation act for the purpose of a criminal appeal time runs, from date of the sentence or order appealed against, indicating that orders of acquittal are orders and not judgments: ..... of superior courts in this country and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of these decisions they only amended ch. xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal329
..... my view by certain other considerations as well. in the first place the general tendency of the amending act of 1923 has been to enlarge rather than to curtail the right of appeal in favour of accused persons. by that act several orders which were not formerly appealable have been made so; right to appeal to a higher ..... acquittal, appeal from a conviction and an appeal from any other order. in section 425 the expression 'finding, sentence or order appealed against'' occurs. under the indian limitation act for the purpose of a criminal appeal time runs from date of the sentence or order appealed against, indicating that orders of acquittal are orders and not judgments: ..... of superior courts in this country and the legislature must be presumed to have been aware of their existence when they proceeded to amend the code. if with the knowledge of these decisions they only amended chapter xxxi in this respect not by making any reference to section 562 at all, but on the other hand by introducing .....
Tag this Judgment!Court : Kolkata
Reported in : 85Ind.Cas.919
..... to frame the scattered provisions into one comprehensive section, i.e., section 342 of act x of 1882 and it has retained its shape, in act v of 1898 and has not been affected by the amending acts of 1923. the object of the amendment is stated in the following extract from the report of the select committee on the bill of 1882: 'we think ..... under section 302, indian penal of code, for committing the offence of murder by causing the death of one entaj, boddy, a son of the said momrej boddy. the jury brought in a unanimous ..... molla were tried by the second additional sessions judge of/24-parganas with the aid of a jury. all of them were tried on a charge under sections 302/120b, indian penal code, for having conspired to commit the offence of murder of. one momrej boddy and other members of his family, and belatali naskar was tried also on a charge .....
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