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The Empress Vs. Nurul Huqq and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal757
AppellantThe Empress
RespondentNurul Huqq and anr.
Excerpt:
recognizance - power of high court to interfere when forfeited. - ainslie, j.1. in the case of nilmadhub ghosal 19 w.r. cr. rul. 1, a bench of this court held that we have no power to reduce the amount of recognisances which have been forfeited. the bombay high court has expressed the same opinion.2. the papers must he returned. the officiating magistrate should refer the matter to government, if he thinks the amount of the recognisances was excessive.
Judgment:

Ainslie, J.

1. In the case of Nilmadhub Ghosal 19 W.R. Cr. Rul. 1, a Bench of this Court held that we have no power to reduce the amount of recognisances which have been forfeited. The Bombay High Court has expressed the same opinion.

2. The papers must he returned. The Officiating Magistrate should refer the matter to Government, if he thinks the amount of the recognisances was excessive.


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