Misdirection - Year 1908 - Judgments

Nov 30 1908 (PC)

In Re: Manjunatha

Court: Chennai

Decided on: Nov-30-1908

Reported in: 4Ind.Cas.1103

..... appellant criminal procedure code act v of 1898 sections 297 298 299 and 537 charge to jury misdirection misleading nature of judge s summing up

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Dec 16 1908 (PC)

Krishna Govinda Jawadar and ors. Vs. Banka Behari Shaha and ors.

Court: Kolkata

Decided on: Dec-16-1908

Reported in: 4Ind.Cas.526

..... raised in the lower courts but there is in our opinion a clear misdirection in his judgments a misdirection as to the onus of proof on the facts which we have stated ..... that evidence is we are of opinion that if the lower appellate court had not misdirected itself on the question of onus of proof it might have come to a conclusion .....

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Apr 22 1908 (PC)

In Re: Gangi Reddi Buchanna and ors.

Court: Chennai

Decided on: Apr-22-1908

Reported in: (1908)18MLJ541

..... a jury but we must set aside the verdict as there has been a serious misdirection in the judge s charge to the jury 2 the plea of all the accused ..... plea of the accused was it is impossible to say that this is not a misdirection which prejudiced the accused 3 we set aside the conviction and direct that the accused .....

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Dec 02 1908 (PC)

Baijnath Dhanuk Vs. Emperor

Court: Kolkata

Decided on: Dec-02-1908

Reported in: (1909)ILR36Cal296

..... not exceeded that right it does not therefore appear to us that there was a misdirection but we think it is perfectly clear that the jury were moved to convict the ..... of one of the persons present for these reasons we think that there was no misdirection and that even if the jury thought that the remainder of the accused had the .....

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Dec 02 1908 (PC)

Baij Nath Dhanuk and ors. Vs. the Emperor

Court: Kolkata

Decided on: Dec-02-1908

Reported in: 1Ind.Cas.973

..... not exceeded that right it does not therefore appear to us that there was a misdirection but we think it is perfectly clear that the jury were moved to convict the ..... of one of the persons present for these reasons we think that there was no misdirection and that even if the jury thought that the remainder of the accused had the .....

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Apr 13 1908 (PC)

In Re: Shambhulal Jivandas

Court: Mumbai

Decided on: Apr-13-1908

Reported in: (1908)10BOMLR565

..... this case i cannot resist the inference that the verdict was erroneous owing to the misdirection of the judge that verdict may therefore under section 423 criminal procedure code and must for the ..... concur in the order proposed criminal procedure code act v of 1809 section 423 charge to jury misdirection in the charge heads of charge the high court is not authorised by section 423 .....

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Feb 05 1908 (PC)

In Re: Sankappa Rai

Court: Chennai

Decided on: Feb-05-1908

Reported in: (1908)18MLJ66

..... clear the verdict cannot in these circumstances be sustained the misdirection is repeated in paragraphs 14 and 15 of the charge ..... clearly evidence against them sufficient to warrant their conviction and the misdirection on which we have to set aside the conviction of ..... evidence against them sufficient to warrant their conviction and the misdirection on which we have to set aside the conviction of .....

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Nov 28 1908 (PC)

Fanindra Nath Banerjee Vs. Emperor

Court: Kolkata

Decided on: Nov-28-1908

Reported in: (1909)ILR36Cal281

..... succeed unless the appellants can satisfy us that there was some misdirection by the learned judge in his charge to the jury the ..... as appears so addressed the jury that there was any real misdirection on this point 5 there only remains the question whether the ..... of charge contents of and time of recording heads of charge misdirection of jury omission to read whole of the depositions of witnesses .....

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Nov 28 1908 (PC)

Fanindra Nath Banerji and ors. Vs. the King-emperor

Court: Kolkata

Decided on: Nov-28-1908

Reported in: 1Ind.Cas.970a

..... cannot succeed unless the appellants can satisfy us that there was some misdirection by the learned judge in his charge to the jury the ..... judge as appears so addressed the jury that there was any real misdirection on this point 5 there only remains the question whether the ..... to jury heads of how and when to be written out misdirection reading whole of depositions evidence act i of 1872 section 157 .....

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Feb 24 1908 (PC)

Acchabba Beori and ors. Vs. King Emperor

Court: Chennai

Decided on: Feb-24-1908

Reported in: (1908)18MLJ250

..... in this case on the ground of misperception of evidence and misdirection the sessions judge allowed the 17th prosecution witness to give ..... were in the custody of the police the sessions judge also misdirected the jury in our opinion in telling them that confessions ..... and direct the prisoners to be retried the sessions judge also misdirected the jury in our opinion in telling them that confessions .....

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