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1939 Supreme(FC) 5

MAURICE GWYER
Dr. Hori Ram Singh – Appellant
Versus
Emperor – Respondent


JUDGMENT

Gwyer C.J.

1. I have had the opportunity of reading the judgment prepared by my brother Varadachariar and I find myself so completely in agreement with it that I think it unnecessary to deliver a separate judgment of my own. I will only add, since the question of jurisdiction has been mentioned, that I have no doubt that this Court has jurisdiction in criminal as well as civil cases. It would indeed be very surprising if it were otherwise, since it has been in the Criminal Courts that many of the great constitutional questions of the past have been determined; and in my opinion the words "judgment, decree or final order" ought to receive no narrow interpretation. I concur with my brethren in holding that the appeal should be allowed as regards the charge under Section 477-A, I.P.C.and dismissed as regards the charge under Section 409.

Sulaiman J.

2. The facts of this case are fully given in the judgment to be delivered by brother Varadachariar, although no objection had been raised by learned counsel to the maintainability of this appeal, I had expressed a doubt regarding it in the course of the hearing. The question being one of jurisdiction, I feel that I should not ignore i

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