High CourtsDivision Bench(1910) 01 MAD CK 0005

In Re: Latchumana Talavan and Others

Madras High Court · Decided on 7 January 1910 · Citation: 5 Ind. Cas. 807

HON’BLE JUDGES
Ralph Benson, J · Abdur Rahim, J

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Judgment

4 paragraphs · 84 words
1.

The order of the Deputy Magistrate in appeal directing the execution of a bond tinder Section 106, Criminal Procedure Code, is illegal as the

convicting Court was a 2nd Class Magistrate and, therefore, not a Magistrate who could make an order under that section; Muthiah Chetti v.

Emperor 29 M. 190 : 3 Cri. L.J. 461 and Paramasiva Pillai v. Emperor 30 M. 48 : 1 M.L.T. 403 : 5 Cri. L.J. 88. We, therefore, set aside this

order of the Deputy Magistrate.