This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ...money and is entitled to its refund apparently lies in a civil suit. H. C. Proceedings, 4th September 1877, No. 1,971. Where tlie sentence is one of fine only, the imprisonment in default of payment may be the whole period of imprisonment which the Magistrate is competent to adjudge for the offence. In this case, the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ...money and is entitled to its refund apparently lies in a civil suit. H. C. Proceedings, 4th September 1877, No. 1,971. Where tlie sentence is one of fine only, the imprisonment in default of payment may be the whole period of imprisonment which the Magistrate is competent to adjudge for the offence. In this case, the Cantonment Magistrate convicted two persons of committing an affray, an offence punishable under section 160 of the Penal Code, and sentenced them to pay a fine of Rupees 25 each, or, in default, to be rigorously imprisoned for 30 days. An offence under section 160 of the Penal Code being punishable with imprisonment for one month or with fine to the extent of Rupees 100 or with both, the Sessions Judge submits that the Magistrate was not authorized in awarding imprisonment, in default of payment of finei for a period exceeding one-fourth of one month. In every case punishable under any law in force for the time being, with imprisonment as well as fine, in which the offender is sontenced to a fine, whether with or without imprisonment, the Criminal Oonrts shall be guided by the provisions of sections sixty-four and sixty-five of the Indian Penal Code in awarding the period of imprisonment in default of payment of the fine: Provided that, in no case decidod by a Magistrate, where imprisonment, shall have been awarded as part of the substantive sentence, shall the period of imprisonment awarded in default of payment of the fine exceed one-fourth of the period The order of the Cantonment Magistrate was obviously illegal, the sentence being subject both to appeal and revision. The ruling illustrates the importance of complying with the provision as to deforred payment. The High Court, after giving careful consideration to the provisions of section ...
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