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Ahmed Sheikh and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in113Ind.Cas.572
AppellantAhmed Sheikh and ors.
RespondentEmperor
Excerpt:
calcutta high court rules and circular orders (civil), chap. i, rule 93 - attachment of moveables--removal of property without giving option to judgment-debtor to provide place of safe custody, legality of--taking back such property--offence--penal code (act xlv of 1860), section 83. - 1. we have caused enquiries to be made and it appears that rule 93 on page 31 chap. i of the high court's general rules and circular orders (civil) as now amended, was made by the high court and sanctioned by the government of india under section 107 of the government of india act. it would, therefore, follow that this rule has now the force of law. in that view of the matter we think that the reasons given by the learned sessions judge of khulna in his letter of reference are sound and we, therefore, accept the reference and set aside the convictions and the sentences referred to therein and direct that the fines if paid be refunded.
Judgment:

1. We have caused enquiries to be made and it appears that Rule 93 on page 31 Chap. I of the High Court's General Rules and Circular Orders (Civil) as now amended, was made by the High Court and sanctioned by the Government of India under Section 107 of the Government of India Act. It would, therefore, follow that this rule has now the force of law. In that view of the matter we think that the reasons given by the learned Sessions Judge of Khulna in his letter of reference are sound and we, therefore, accept the reference and set aside the convictions and the sentences referred to therein and direct that the fines if paid be refunded.


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