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Jogendra Nath Laskar Vs. Hiralal Chandra Poddar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1924)ILR51Cal902
AppellantJogendra Nath Laskar
RespondentHiralal Chandra Poddar
Excerpt:
witness - warrant of arrest--omission of the name of witness in the body of it--legality of the warrant and conviction--civil procedure code (act v of 1908)--first schedule, appendix b, form no. 17--penal code. (act xlv of 1860), sections 225b and 353. - greaves and duval, jj.1. we accept the reference for it appears that the warrant does not contain the name of hiralal who was to be apprehended there under except in a heading where he is described as a party to a suit which is non-existent. under the circumstances the warrant clearly was bad, and we accept the reference on that ground and set aside the conviction and sentence of the accused. the bail bonds are vacated.
Judgment:

Greaves and Duval, JJ.

1. We accept the reference for it appears that the warrant does not contain the name of Hiralal who was to be apprehended there under except in a heading where he is described as a party to a suit which is non-existent. Under the circumstances the warrant clearly was bad, and we accept the reference on that ground and set aside the conviction and sentence of the accused. The bail bonds are vacated.


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