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Madras High Court
In Re: Solai Goundan And Four Ors. vs Unknown on 13 March, 1913
Equivalent citations: (1914) ILR 37 Mad 153
Bench: C A White, S Nair, Tyabji

JUDGMENT

1. We are of opinion that the jurisdiction of an Appellate Court to order a person who has been convicted of one of the offences mentioned in Sub-section (1) of Section 106 of the Code of Criminal Procedure, is not restricted to cases where the conviction was by one of the Courts specified in the sub-section. The, words “an Appellate Court” are quite general and the word “also” indicate, that the powers given by the section may be exercised by the Courts mentioned in Sub-section (1) and by any Appellate Court.

2. We think the words “under this section” in Sub-section (3) have reference to the powers given by the section and not to the Courts by which these powers are, in the first instance, exercise-able. “We are unable to agree with the decision in Muthiah Chetti v. Emperor (1906) I.L.R. 29 Mad. 190 and in the other cases referred to in the order of reference in which that decision was followed. We would answer the question which has been referred to us in the affirmative.


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