Sufferuddin vs Ibrahim on 30 April, 1878

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95
Calcutta High Court
Sufferuddin vs Ibrahim on 30 April, 1878
Equivalent citations: (1878) ILR 3 Cal 755
Author: Prinsep
Bench: Markby, Prinsep


JUDGMENT

Prinsep, J.

1. In addition to the reasons stated by the Sessions Judge, we are of opinion that it was not competent to a Bench of Magistrates to deal with a case under Section 530. A Bench may be empowered under Section 50 “to try such cases or such classes of cases only and within such limits as the Government may direct.” The definition of the term “trial” shows that it refers only to trials for offences, and not to miscellaneous matters such as those coming within Section 530. So that in this view of the law also the order passed was illegal: it is accordingly set aside.

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