Court : Kolkata
Reported in : (1913)ILR40Cal113
..... it is a case, moreover, of 1867, that is to say, of a time when the law on the subject had not been codified v (sic) indian contract act of 1872, and when the code of criminal procedure in force contained no provision, such as that to be found in section 345 of the present code, for the compounding of offences. ..... but now we have for our guidance section 345 of the code of criminal procedure of 1898 and section 23 of the indian contract act of 1872 with its ill. ..... leeman (1846) 9 q. b. ..... leeman and pearson (1844) 13 l. j. q. b. .....
Tag this Judgment!Court : Kolkata
Reported in : 15Ind.Cas.259
..... it is a case, moreover, of 1867, that is to say, at a time when the law on the subject had not been codified by the indian contract act of 1872 and when the code of criminal procedure in force contained no provision such: as that to be found in section 345 of the present code for the compounding of offences. ..... now, we have for our guidance section 345 of the code of criminal procedure of 1898 and section 23 of the indian contract act of 1872 with its illustration (h) and there can, so far as i can see, be no doubt as to what the legal position is.3. ..... leeman 9 q.b. ..... leeman (1844) 13 l.j.q.b. .....
Tag this Judgment!Court : Kolkata
Reported in : 5Ind.Cas.98
..... leeman 6 q.b. .....
Tag this Judgment!Court : Chennai
Reported in : 44Ind.Cas.583
..... it lays down that the composition referred to in section 345, criminal procedure code, is not limited to acts done in court nor to oases in which the parties continue to be of the same mind until the case comes on for farther hearing before the court: that view seems to me to be entirely warranted by the language of the section. ..... aft offence is complete when the acts constituting it have been committed, apart from whether any complaint or charge has been laid before the court or not. ..... leeman (1844) 6 q.b. .....
Tag this Judgment!Court : Kolkata
Reported in : 90Ind.Cas.463
..... in this connection reference must be made to the provision of section 14 and also, upon the facts of the present case, to sections 15 and 16 of the indian contract act, because the consent in the present case is said to have been vitiated by coercion and undue influence. ..... been entered into with a view to stifle a criminal prosecution and so, as being opposed to public policy, it appears to me that the facts that are necessary to be established in order to bring the case under section 23 of the indian contract act have not been established in the present case. ..... now these facts, even if established, would not bring the case within section 15 of the contract act, which defines coercion. ..... leeman (1846) 9 q.b. ..... (3) to section 16 of the contract act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1889)ILR13Bom600
..... to no man, we will deny to no man either justice or right'--had been broken by the sale of offices, which they said was forbidden by the ancient law of england, by the acts of parliament they recited, and by the charters of the kings it urged that the difference between the justice of the peace who bought or bargained for his office and the best and most' lawful ..... who are most able to pay for them; neither can there be any greater temptation to officers to abuse their power by bribery and extortion and other acts of injustice than the consideration of having been at a great expense in gaining their places, and the necessity of sometimes straining a point to make their bargain answer their expectations. ..... extended to offices held under the government of this country, and the statute itself, the judicial interpretations of it, and the act extending it to all the colonies, are plain indications of the view taken by the parliament of england of the impolicy ..... other magistrates of certain grades, or specially empowered, may under section 191 of the criminal procedure code, act upon information received from any person other than a police officer, or upon his own knowledge or suspicion ..... there is, however, a power in the crown, as representing the public interests, to prosecute by complaint before a magistrate and under section 144 of act x of 1875 the advocate-general may, with the leave of the government, exhibit to the high court informations for all purposes for which her majesty's ..... leeman .....
Tag this Judgment!Court : Chennai
Reported in : AIR1942Mad173; (1941)2MLJ827
..... leeman (1844) 6 q.b. ..... leeman (1844) 6 q.b. ..... a case, an agreement to compound it without the leave of the court would if permitted defeat the provisions of section 345 (2) of the criminal procedure code, and hence void under the second paragraph of section 23 of the indian contract act.11. ..... the question is whether in such a case the consideration or object of the agreement is unlawful within the meaning of section 23 of the indian contract act. ..... found acceptance in the lower courts is that the consideration so far as defendants 2 and 3 are concerned was the stifling of a criminal prosecution against the first defendant and therefore illegal under section 23 of the indian contract act. .....
Tag this Judgment!Court : Chennai
Reported in : (1918)34MLJ217
..... it lays down that the composition referred to in section 345, criminal procedure code is not limited to acts done in court nor to cases in which the parties continue to be of the same mind until the cases come on for further hearing before the court. ..... an offence is complete when the acts constituting it have been committed apart from whether any complaint or charge has been laid before the court or not. ..... leeman (1844) 6 q.b. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal59
..... the facts it must be allowed that the case comes very near the line, but on the whole i think that whether we use the rhetorical expression of stifling a prosecution or the more homely words of the contract act, the action of the plaintiffs ought not to be regarded as contrary to public policy, because they did not take the administration of justice out of the hands of the authorities and themselves determine what should be done.11. ..... appellants' arguments give rise to three questions: first, as to whether the agreement embodied in the deed is en-forcible in view of the provisions of section 23 of the indian contract act; second, as to whether the contract was vitiated for want of free consent; and third, whether it may be enforced as against the defendant no ..... . 200, then it is difficult to see how the plaintiffs can be said to have acted improperly in entering into the arrangement to get what they were justly entitled to or rather much less than what they were so entitled, when they brought the whole matter to the notice of the ..... if however, the agreement was contrary to public policy as explained in the contract act and in english decisions then we shall have no alternative but to dismiss the suit, however repugnant to our feelings such a course may ..... motive for the' execution of the bond and the payment of the money was the withdrawal; but there is a good deal of difference between the motive for the act and the consideration or object of the agreement ..... . leeman [1844] .....
Tag this Judgment!Court : Kolkata
Reported in : (1888)ILR15Cal109
..... which contains in sections 86 and 87 provisions similar to those in sections 94 and 96 of the criminal procedure code, the chapter in which those sections are to be found is headed 'of securing attendance of witnesses and production of documents;' that in act iv of 1877, which in sections 144 and 145 also contains provisions similar to those of sections 94 and 96 of the present code , the chapter in which those sections occur is headed 'of evidence,' and the subdivision of the chapter containing ..... a document or other thing shall be deemed to have complied with the requisition if he cause such document or thing to be produced instead of attending personally to produce the same.nothing in this section shall be deemed to affect the indian evidence act, 1872, sections 123 and 124, or to apply to a letter post-card, telegram, or other document in the custody of the postal or telegraph authority.65 ..... assuming that the forms in schedule v of the criminal procedure code are by virtue of section 554 of that code to be taken as integral parts of the act (a very large assumption i think), they clearly cannot over-ride and render nugatory the enabling sections.25. ..... hill's first argument was that the issue of a search warrant by a magistrate is a judicial act; that before he can have 'reason to believe' within the meaning of section 96 of the criminal procedure code, be must be satisfied by judicial inquiry; and he urged that this warrant had been granted without a proper judicial ..... . leeman 9 .....
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