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Calcutta High Court
Chand Khan vs The Empress on 28 May, 1883
Equivalent citations: (1883) ILR 9 Cal 878
Author: Prinsep
Bench: Prinsep, O’Kinealy


JUDGMENT

Prinsep, J.

1. We think that no appeal lies in this case. Section 406 provides expressly for an appeal on behalf of a person required by a Magistrate, other than the District Magistrate or a Presidency Magistrate, to give security for good behaviour, and the law nowhere declares that any appeal shall lie in other cases of this class. The order moreover is not a conviction on a trial held by a Sessions Judge (Section 410), nor a sentence of the District Magistrate subject to the confirmation of the Sessions Judge (Section 408a), and, therefore under Section 404 no appeal would lie.


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