High CourtsDivision Bench(1906) 07 MAD CK 0005

Narayanaswami Naidu vs Emperor

Madras High Court · Decided on 30 July 1906 · Citation: (1907) ILR (Mad) 567 : (1906) ILR (Mad) 567

HON’BLE JUDGES
Arnold White, C.J · Subrahmania Ayyar, J

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Judgment

4 paragraphs · 80 words
1.

We do not think it was the intention of the Legislature by the use of the words ""Court before whom he is convicted"" in Section 562, Criminal

Procedure Code, to limit the power of making orders under that Section to the Court of First Instance, The proviso to the Section appears to us

inconsistent with the view that this was the intention of the Legislature.

2.

We agree with the decision in Emperor v. Birch ILR 24 All. 306.