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Nazir Ahmad vs Emperor on 1 May, 1934

On the matter of construction Sections 164 and 364 must be looked at and construed together and it would be an unnatural construction to hold that any other procedure was permitted than that which is laid down with such minute particularity in the sections themselves. Upon the construction adopted by the Crown, the only effect of Section 164 is to allow evidence to be put in a form in which it can prove itself under Sections 74 and 80, Evidence Act Their Lordships are satisfied that the scope and extent of the section is far other than this, and that it is a section conferring powers on Magistrates and delimiting them. It is also to be observed that, if the construction contended for by the Crown be correct, all the precautions and safeguards laid down by Sections 164 and 364 would be of such trifling value as to be almost idle.
Allahabad High Court Cites 3 - Cited by 110 - Full Document

The Superintendent And Remembrancer Of ... vs Lalit Mohan Singha Roy on 25 April, 1921

See AIR 1936 P. C. 253 (2) and Legal Remembrancer, Bengal v. Lalit Mohan Singh Roy, AIR 1922 Cal 342, followed in Abdul Rahim v. Emperor, AIR 1925 Cal 926 and Kara Mansukh v. Emperor, AIR 1937 Nag 254. The statement made by the Appellant No. 1 therefore to Shanti Lal Ahuja, the Additional District Magistrate not having been recorded by him in accordance with the provision of Section 164 was inadmissible in evidence and could not be proved orally by him."
Calcutta High Court Cites 12 - Cited by 32 - Full Document

Abdul Rahim And Ors. vs King-Emperor on 8 January, 1925

See AIR 1936 P. C. 253 (2) and Legal Remembrancer, Bengal v. Lalit Mohan Singh Roy, AIR 1922 Cal 342, followed in Abdul Rahim v. Emperor, AIR 1925 Cal 926 and Kara Mansukh v. Emperor, AIR 1937 Nag 254. The statement made by the Appellant No. 1 therefore to Shanti Lal Ahuja, the Additional District Magistrate not having been recorded by him in accordance with the provision of Section 164 was inadmissible in evidence and could not be proved orally by him."
Calcutta High Court Cites 9 - Cited by 8 - Full Document

Emperor vs Musammat Jagia on 9 February, 1938

The immediate presence of a policeman or police officer is not necessary to prove that the accused was in the custody of the police. Even temporary absence of a policeman or a police officer would not terminate his custody and the accused shall be deemed to he in the custody of the police even in such circumstances. Two cases in point are 'Emperor v. Mt. Jagia' AIR 1938 Pat 308 and Ram Bharose Narbada Prasad v. Emperor AIR 1944 Nag 105.
Patna High Court Cites 16 - Cited by 4 - Full Document
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