Supreme Court · 1957 INSC 42 · Decided 30 April 1957

Union of India v. Chaman Lal Loona

Court
Supreme Court of India
Citation
1957 INSC 42 · [1957] 1 S.C.R. 1039
Case number
CIVIL APPEAL No. 24/1954
Decided
30 April 1957
Bench
SUDHI RANJAN DAS, SYED JAFFER IMAM, S.K. DAS, P. GOVINDA MENON, A.K. SARKAR (5-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
IPC Section 40, 67; CrPC Section 40, 67; Constitution; Arbitration Act Section 20

Headnote

COURT REPORTS 1039 This objection, however, does not require a detailed consideration because the Sessions Judge clearly stated in his judgment that apart from the onus, he w~s satisfied that the prosecution had fully established on the evidence that the appellant had failed to send a copy of the imprisonment in default of payment of fine. · Section 33 of the Code of Criminal Procedure read with ss. 40 and 67 of the Indian Penal Code appears to us to be a clear answer to this contention. It was also pointed out that under s. 65 of the Act a sentence of fine extending upto five

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