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Mahomed Abdul Rahman Marakayar, Mantapam - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1927Mad434
AppellantMahomed Abdul Rahman Marakayar, Mantapam
Excerpt:
- - there must be some substantial error of law to justify the court exercising its exceptional powers of revision. 2. it will be understood that i have not gone through the evidence, or decided that there are not good grounds and reliable evidence on which counter-petitioner may be called upon to show cause against an order under section 110, criminal procedure code.orderwallace, j.1. it is not the procedure in this court to interfere in revision merely because the evidence before the lower court has not been according to the referring officer, properly appreciated. the law does not, in my view, contemplate that a revision case can be argued as if it were an appeal, on the facts and the evidence called to prove such facts. there must be some substantial error of law to justify the court exercising its exceptional powers of revision. none such is put forward here.2. it will be understood that i have not gone through the evidence, or decided that there are not good grounds and reliable evidence on which counter-petitioner may be called upon to show cause against an order under section 110, criminal procedure code.3. the reference is discharged.
Judgment:
ORDER

Wallace, J.

1. It is not the procedure in this Court to interfere in revision merely because the evidence before the lower Court has not been according to the Referring Officer, properly appreciated. The law does not, in my view, contemplate that a revision case can be argued as if it were an appeal, on the facts and the evidence called to prove such facts. There must be some substantial error of law to justify the Court exercising its exceptional powers of revision. None such is put forward here.

2. It will be understood that I have not gone through the evidence, or decided that there are not good grounds and reliable evidence on which counter-petitioner may be called upon to show cause against an order under Section 110, Criminal Procedure Code.

3. The reference is discharged.


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