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CRIMINAL LAW AMENDMENT ORDINANCE, 1944 PDF
CRIMINAL LAW AMENDMENT ORDINANCE, 1944 Criminal Law Amendment Ordinance, 1944 — Clause 3 — attachment of property under the criminal law — IPC — Ss 409, 468 r/w Sec. 471 — Misappropriation — allegation of — accused died during pendency of trial & was held guilty after death — Order for attachment of property of Legal Representatives — Held, There is no legal provision which enables continuance of prosecution upon death of the accused —null and void conviction was used as a basis for making an attachment of his properties — gross error of law — in acting upon such a finding and treating deceased as guilty of such offences while making the order of attachment — Orders are illegal — set aside. (Para 8 &10) PDF
CRIMINAL LAW AMENDMENT ORDINANCE, 1944 Criminal Jurisprudence — Criminal Law Amendment Ordinance, 1944 — Clause 3 — attachment of property under the criminal law —requirement under — Proceeding against a dead person — the Government to make an application for attachment to the District Judge — within the local limits of whose jurisdiction the said person ordinarily resides — or carries on business— clearly requiring the existence of such a person— It excludes the possibility of proceedings against a dead person. (Para 6) PDF
CRIMINAL LAW AMENDMENT ORDINANCE, 1944 Interpretation of Statute — Criminal Law Amendment Ordinance, 1944 — Clause 3 Sub-clause 2— Attachment of property of a dead person— withdrawal of attachment —Held, if the law requires that the orders of attachment should be withdrawn upon acquittal — it stands to reason that such orders must be withdrawn when the prosecution abates — or cannot result in a conviction due to the death of the accused, whose property is attached. (Para 6) PDF
CRIMINAL LAW AMENDMENT ORDINANCE, 1944 Interpretation of Statute — Criminal Law Amendment Ordinance, 1944 — Clause 3 —Making an application for attachment of a dead person before the District Judge —Held, such an application cannot be made in regard to a dead person who obviously cannot be said to be ordinarily resident or carrying on business anywhere. (Para 9) PDF