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In Re: Solai Gounden and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1914Mad562; (1913)25MLJ403
AppellantIn Re: Solai Gounden and ors.
Cases ReferredMuthiah Chetty v. Emperor I.L.R.
Excerpt:
- .....to the powers given by the section and not to the courts by which these powers are, in the first instance, exerciseable. we are unable to agree with the decision in muthiah chetty v. emperor i.l.r. (1905) m. 190 and in the other cases referred to in the order of reference in which that decision was followed. we would answer the question which has been referred to us in the affirmative.
Judgment:

1. We are of opinion that the jurisdiction of an Appellate Court to order a person who has been convicted of one of the offences mentioned in Sub-section (1) of Section 103 of the Code of Criminal Procedure is not restricted to cases where the conviction was by one of the courts specified in the Sub-section The words 'an Appellate Court,' are quite general and the word 'also' indicates that the powers given by the section may be exercised by the courts mentioned in Sub-section (1) and by any Appellate Court.

2. We think the words ' under this section' in Sub-section (3) have reference to the powers given by the section and not to the courts by which these powers are, in the first instance, exerciseable. We are unable to agree with the decision in Muthiah Chetty v. Emperor I.L.R. (1905) M. 190 and in the other cases referred to in the order of reference in which that decision was followed. We would answer the question which has been referred to us in the affirmative.


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