1906 Supreme(Mad) 67

IN THE HIGH COURT OF MADRAS
Arnold White, C.J. and Subrahmania Ayyar, J.
Narayanaswami Naidu
Versus
Emperor
Decided On : 30.07.1906

The legislative intention behind the use of the words 'Court before whom he is convicted' in Section 562, Criminal Procedure Code, was not to limit the power of making orders to the Court of First Instance.

Headnote:

Legislative Intention - Interpretation of Section 562, Criminal Procedure Code

Fact of the Case:

The court considered the interpretation of Section 562, Criminal Procedure Code, specifically the use of the words 'Court before whom he is convicted' and the proviso to the Section.

Finding of the Court:

The court found that the intention of the Legislature was not to limit the power of making orders under Section 562 to the Court of First Instance, and the proviso to the Section was inconsistent with this view.

Issues: Interpretation of Section 562, Legislative Intention

Ratio Decidendi: The court interpreted the legislative intention behind the use of the words 'Court before whom he is convicted' in Section 562 and found the proviso to be inconsistent with the legislative intent.

Final Decision: The court agreed with the decision in Emperor v. Birch I.L.R. 24 All. 306.