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Abdul Aziz Vs. Bohra Tara Chand - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1921All86; 60Ind.Cas.800
AppellantAbdul Aziz
RespondentBohra Tara Chand
Excerpt:
.....dattu, jj] meaning given to an expression in one statute cannot be applied to another statute. - the only judgment passed by the learned district judge in appeal is, the application is rejected'.i do not think that an order like this should be passed. an order like this passed in a sanction for prosecution case amounts to a refusal to consider the question and would, in my opinion, at least amount to a material irregularity amounting to illegality in exercise of its jurisdiction by a court......'the application is rejected'. i do not think that an order like this should be passed. an order like this passed in a sanction for prosecution case amounts to a refusal to consider the question and would, in my opinion, at least amount to a material irregularity amounting to illegality in exercise of its jurisdiction by a court. in order to assure myself of the correctness of the order passed by the first court i went through the record of the case. there is no documentary evidence what ever on the record to support the statement of the plaintiff as against the defendant. it is a pure question of oath against oath, and, in my opinion, the order of sanction granted by the first court was not justified. i, therefore, accept this application in revision and set aside the order of.....
Judgment:

Gokul Prasad, J.

1. This is an application in revision from the decision of the District Judge of Agra, dismissing an appeal against an order of sanction to prosecute the applicant for giving false evidence. The only judgment passed by the learned District Judge in appeal is, 'The application is rejected'. I do not think that an order like this should be passed. An order like this passed in a sanction for prosecution case amounts to a refusal to consider the question and would, in my opinion, at least amount to a material irregularity amounting to illegality in exercise of its jurisdiction by a Court. In order to assure myself of the correctness of the order passed by the first Court I went through the record of the case. There is no documentary evidence what ever on the record to support the statement of the plaintiff as against the defendant. It is a pure question of oath against oath, and, in my opinion, the order of sanction granted by the first Court was not justified. I, therefore, accept this application in revision and set aside the order of sanction.


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