A Digest of Reported Cases for the Years 1895-1903

A Digest of Reported Cases for the Years 1895-1903

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...costs.--Where a Police Magistrate takes proceedings on a formal written report made to him by a police oliicer under sub-section _ 2 of section 152 of the Criminal Procedure Code, and finds the complaint frivolous or vex-atious, it is not open to him to condemn the party on whose information such written report was made either in compensation to the accused or in Crown costs. A case "instituted on complaint" (referred to in section 236 of the Criminal Procedure Code) is a case instituted ona complaint made by a person to a Police Magistrate in terms of section l52 (l) of that Code, and does not mean a case instituted on a "formal written report" made by a police oliicer to the Magistrate in terms of section 152 (2.) '1he reason why the order to pay compensation to the accused is restricted to cases "instituted on complaint-" is because the Legislature thought that the police would not institute cases without having previously made due inquiry and satisfied themselves that there was a real, substantial case which ought to be dealt with by a Police Court. If the result of the inquiry made by the police is to leave room 'for doubt whether the case is not a frivolous one, they should refer the informant to the Police Court, and not take upon themselves the rcsponsibility of instituting counts. Punchi Banda v. Fernando. IV. N. L. R. 103. P1-evious convicl ons--E'uz'dence of---Should not be given-until the accused has been fmmd guilt_1/--Trial I)/.f'n)'e the District Ju'Ige--Sh0uld be aided by assa's.sors.----Where an accused was tried bya District Judge, who called for evidence of previous convictions before he informed the accused that he found him guilty, and where the Judge did not altogether...
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Product details

  • Paperback | 94 pages
  • 189 x 246 x 5mm | 181g
  • United States
  • English
  • black & white illustrations
  • 1236850653
  • 9781236850652