Court : Kolkata
Decided on : Feb-04-1913
Reported in : (1913)ILR40Cal477
..... the examination of record under section 435, which in other words limits us to the records of inferior criminal courts; but section 439 is much more general and much more extensive in its comprehension and, without limiting the high court to exercise its jurisdiction over the inferior criminal courts, allows it to deal ..... this court has jurisdiction to interfere. see the case of hara charan mookerjee v. king emperor (1905) i.l.r. 32 calc. 367. parts of the judgments in that case are no longer law. see also the case of surjya hariani v. king-emperor (1901) 6 c. w. n. 295.holmwood j.76. that was not ..... high court has held that proceedings initiated by a civil court can be revised under section 439 of the criminal procedure code103. queen v. baijoo lall (1876) i.l.r. 1. calc. 450 is the only case. but in that there is no reference to the section corresponding to section 439 of the ..... to take action was bad before it could quash the warrant. so the starting proceedings were really touched.74. the case of queen v. baijoo lall (1876) i.l.r. 1 calc. 450 is directly in point. here the order of the district judge who initiated proceedings was directly considered by this court: ..... legislature.114. that is so. section 6 of the criminal procedure code distinctly says so. section 478(2) also shows that where a munsif makes the inquiry himself, instead of sending the case to a magistrate for it, he acts criminal court.holmwood j.115. it is only under sections 36 and 41 of the criminal procedure code .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-29-1913
Reported in : (1914)ILR41Cal446
..... requirements of the section, and obscured its plain intendment. the construction of a plain section ought not to be influenced by judicial decisions however numerous general principles laid down in the shape of formulae tend to include things which were not originally intended to be included. when learned counsel was placing these ..... in the endeavour of the superior courts to guide the discretion of subordinate courts, judges have felt it necessary from time to time to enunciate some general principles. it is often difficult to overcome the temptation to do so, and it is equally difficult not to use ready made principles when they ..... or innocence of his client; we are merely considering whether the statutory bar imposed by section 195 of the criminal procedure code should be removed and the law allowed to take its ordinary course. that section provides that no court shall take cognizance of (amongst other things) any offence punishable under section ..... vii of 1813, section 3; regulation xvii of 1817, section 14; beaufort's criminal digest 1857, part i, book vii, chapter ii, paragraphs 4467 et seq.; act xxv of 1861; act x of 1872, section 468, act x of 1882, section 195.5. mr. b.c. mitter, in reply.cur. adv. vult.jenkins, c.j. ..... 178 vythiyanatha aiyan v. vythiyanatha aiyan (1883) 2 weir 179 kali charan lall v. basudeo narain singh (1907) 12 c.w.n. 3 venkatesa ayyangar (1902) i.l.r. 26 mad. 193 queen v. baijoo lall (1876) i.l.r. 1 calc. 450, 455 queen v. khooda sonthal (1866) 6 w.r. cr. .....Tag this Judgment!