CourtKutchehry.com
High CourtsFull Bench

The Empress of India vs Diljour Misser

Calcutta High Court · Decided on 20 February 1877 · Citation: (1877) ILR (Cal) 226

HON’BLE JUDGES
Richard Garth, C.J · Markby, J · Macpherson, J · Kemp, J · Ainslie, J
ACTS & SECTIONS REFERRED
General Clauses Act, 1868 — Section 6
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

1 paragraphs · 131 words

Richard Garth, C.J.—In this case the prisoner has been convicted of culpable homicide not amounting to murder committed on the 24th May 1861, and sentenced to transportation for life. Act XVII of 1862, under which the prisoner has been tried and convicted for this offence, has been totally repealed by Acts, VIII of 1868 and X of 1872. It has, however, been contended that, notwithstanding this total repeal of Act XVII of 1862, the prisoner may still be tried and convicted under that Act by virtue of the provisions of Section 6 of the General Clauses Act (I of 1868). We have considered this clause, and upon the whole we think that it does not apply to the present case. The conviction, therefore, must be set aside, and the prisoner discharged.