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Prokash Chunder Sarkar Vs. Ram Prasad Pattak - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1901)ILR28Cal302
AppellantProkash Chunder Sarkar
RespondentRam Prasad Pattak
Excerpt:
jurisdiction - costs, order for assessment of, without notice to party affected thereby--revision by high court--code of criminal procedure (act v of 1898), section 148. - prinsep, j.1. the rule is made absolute as the magistrate admits that he passed the order under section 148, code of criminal procedure, making the petitioner liable for a certain sum as costs without notice to him, so that he might have an opportunity of contesting the same. the magistrate is now at liberty to proceed after due notice to the parties concerned.
Judgment:

Prinsep, J.

1. The rule is made absolute as the Magistrate admits that he passed the order under Section 148, Code of Criminal Procedure, making the petitioner liable for a certain sum as costs without notice to him, so that he might have an opportunity of contesting the same. The Magistrate is now at liberty to proceed after due notice to the parties concerned.


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