The New Law Reports Volume 3

The New Law Reports Volume 3

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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. 1900 edition. Excerpt: ...the sentence of lashes to remain untouched. The accused was charged with having committed an offence punishable under section 315, which is part of chapter XVI. of the Penal Code. N ow, as I read the 68th section, it is only a repetition of offences punishable under chapters XII. and XVII. which is punishable by the double punishment provided by section 68. According to the Code, it is irrelevant to charge or prove previous convictions in a trial under any other than chapters XII. and XVII., and the only previous convictions which can be proved are convictions under these chapters. For instance, in a trial for theft it is irrelevant and improper to prove a previous conviction for assault or causing hurt, or vice versd. A previous conviction of theft is not provable in a trial for causing hurt for the purpose of enhancing the punishment. By the Ordinance No. 17 of 1894 it is relevant to charge and prove a previous conviction of any crime for the purpose of enabling the Judge to order the offender to be subject to police supervision, and to that extent the charge and proof here were right, but not to the extent of giving power to impose double the amount of imprisonment. Court of Requests--Pmctice--Competency of party to appeal against order as to jurisdiction before determination of action on the merits. Where, in an action in the Court of Requests, two issues are framed, one on the question of jurisdiction of the Court and the other on the merits, and the Commissioner finds he has jurisdiction, he should proceed to try the other issue also and deliver one judgment. When the issue as to jurisdiction is determined in the plaintifi's favour and the case is adjourned for the trial of the issue on the merits, the defendant should not...show more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236960955
  • 9781236960955