In Re: Bissumbhur Shaha
Sir Barnes Peacock, Kt., C.J. and Kemp, J.@mdashI do not think that there is any doubt in this case, when we read ss. 405 and 428 of the Code of Criminal Procedure together. There might have been some doubt if s. 405 st…
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The Queen Vs Elahi Bax
Sir Barnes Peacock, Kt., C.J.@mdashI am of opinion that a conviction upon the uncorroborated testimony of an accomplice is legal. This is not new law, nor founded upon a new principle. The point was decided in England a…
Anand Chandra Majumdar Vs Gobardhan Khan Alias Ejatulla
Sir Barnes Peacock, Kt., C.J.@mdashThe Full Bench agree in the view expressed by the order referring this case, and think that the case does not fall within s. 22, Act XI of 1865, and that the Court cannot, therefore, e…
The Queen Vs Gorachand Gope and Others
Sir Barnes Peacock, Kt., C.J.@mdashThere are, in my opinion, several important distinctions between murder and culpable homicide; an offence cannot amount to murder, unless it falls within the definition of culpable hom…
The Queen Vs Godai Raout
Sir Barnes Peacock, Kt., C.J.@mdashThe Court is clearly of opinion that a review of judgment will not lie from a sentence or judgment pronounced by the High Court, or by a Division Bench of the High Court, in a criminal…
In Re: J. Dacosta
Sir Barnes Peacock, Kt., C.J.@mdashIt is clear that we cannot, under the general powers vested in the Court by the Letters Patent, interfere by way of motion, and do indirectly that which we cannot do directly by way of…
In Re: Ramprasad Hazra
Sir Barnes Peacock, Kt., C.J.@mdashI am of opinion that, if, in the course of hearing a suit, a Civil Court commits a party to the suit for trial on a charge of perjury or forgery, or directs that the case be made over …
In Re: Mirza Himmat Bahadur
Sir Barnes Peacock, Kt., C.J.@mdashS. 363 of Act VIII of 1859 enacts as follows:-- "No appeal shall lie from any order passed in the course of a suit and relating thereto prior to the decree; but if the decree be appeal…
Sheikh Inayet Hossein Vs Sarifunnissa
Sir Barnes Peacock, Kt., C.J.@mdashThe case is very clear. The Principal Sudder Ameen, in his first decision, held that. Regulation XVII of 1806 was promulgated in Sarun on 7th January 1807, and he dismissed the plainti…
The Queen Vs Lalchand Kowrah, Chowkeedar and Others
Sir Barnes Peacock, Kt., C.J.@mdashIt is said that s. 28 does not extend to the mofussil Court; and that it applies only to the High Court on its Original Side, inasmuch as the Act was intended to apply only to Her Maje…