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In Re: Konda Moopan Alias Gopal Naicker - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1937)1MLJ74
AppellantIn Re: Konda Moopan Alias Gopal Naicker
Cases Referred and Emperor v. Gulam Ahamad
Excerpt:
- .....by benches of the high courts concerned. it follows therefore that the direction of the sub-magistrate in this case awarding sentences of imprisonment in default of payment of the fines imposed by him is illegal and it is therefore cancelled.
Judgment:
ORDER

Pandrang Row, J.

1. The question raised in this reference by the District Magistrate of Ramnad is whether a Criminal Court is competent to direct that sentences of imprisonment imposed for default in payment of fines should run concurrently. The section that relates to this subject is Section 35 of the Code of Criminal procedure and the words of the section show that the direction can be given only in respect of sentences of imprisonment or transportation. The point appears to be covered by authority as will be seen from the decisions in Imperator v. Akidullah (1911) 15 I.C. 808, Emperor v. Sesha Rao A.I.R. 1926 Bom. 62, Shidlingappa Gurulingappa v. Emperor : AIR1926Bom416 and Emperor v. Gulam Ahamad (1929) 188 I.C. 224, the last three cases being rulings by Benches of the High Courts concerned. It follows therefore that the direction of the sub-Magistrate in this case awarding sentences of imprisonment in default of payment of the fines imposed by him is illegal and it is therefore cancelled.


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