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Emperor Vs. HusseIn Gulam Nabi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 12 of 1928
Judge
Reported in(1928)30BOMLR373
AppellantEmperor
RespondentHusseIn Gulam Nabi
Excerpt:
.....to keep the peace-order by appellate court.;under section 106 of the criminal procedure code, the appellate court can make an order requiring security for keeping the peace, even though the actual order is not made at the time the appeal is disposed of.;emperor v. bhausing dhumalsing (1908) i.l.r. 33 bom. 33, s.c. 10 bom. l.r. 759 followed. - indian succession act (39 of 1925), section 63: [s.b. sinha & cyriac joseph, jj] will validity - deceased, was a very wealthy person - he floated several companies - he left behind his daughters, s and j - he was suffering from various diseases including some neurological ones - for his treatment, he used to frequently visit united states of america accompanied by his wife and daughter - by reason of a will, he is said to have bequeathed 50% of..........emperor v. bhausing dhumalsing i.l.r (1908) bom. 33, s. c. 10 bom. l.r. 759 that sub-section (1) of section 106 does not control or limit the powers conferred on an appellate court or revisional court by sub-section (3) of the same section. in this case the sessions judge was moved in the matter of taking steps under that sub-section at the time when the appeal was before him, and his proceedings were in continuation of the appellate proceedings. the application is rejected.
Judgment:

Fawcett, J.

1. We agree with the view taken by the Sessions Judge that he had power to require bonds under Section 106 of the Criminal Procedure Code, even although the actual order was not made at the time of passing sentence, or rather confirming the sentence that has been already passed by the Magistrate. There is nothing in Sub-section (3) of Section 106 to limit the time when the order can be made by the appellate Court, so long as it is acting, in fact, as an appellate Court; and it has already been ruled by this Court in Emperor v. Bhausing Dhumalsing I.L.R (1908) Bom. 33, s. c. 10 Bom. L.R. 759 that Sub-section (1) of Section 106 does not control or limit the powers conferred on an appellate Court or revisional Court by Sub-section (3) of the same section. In this case the Sessions Judge was moved in the matter of taking steps under that sub-section at the time when the appeal was before him, and his proceedings were in continuation of the appellate proceedings. The application is rejected.


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