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    <title>1937 (6) TMI 13 - CALCUTTA HIGH COURT</title>
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    <description>Mandatory joinder rules under the Code were breached where a cheating-by-personation charge was tried together with murder and robbery charges without forming part of the same transaction. The joint trial was therefore unlawful, and the saving provision could not cure a trial illegal from the outset because the defect went to the root of the proceedings. The appellate court further held that, after setting aside the conviction, it could direct retrial on the original charges, including counts earlier treated as acquitted, because an appeal from conviction keeps the trial open in law.</description>
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    <pubDate>Mon, 07 Jun 1937 00:00:00 +0530</pubDate>
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      <title>1937 (6) TMI 13 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=303205</link>
      <description>Mandatory joinder rules under the Code were breached where a cheating-by-personation charge was tried together with murder and robbery charges without forming part of the same transaction. The joint trial was therefore unlawful, and the saving provision could not cure a trial illegal from the outset because the defect went to the root of the proceedings. The appellate court further held that, after setting aside the conviction, it could direct retrial on the original charges, including counts earlier treated as acquitted, because an appeal from conviction keeps the trial open in law.</description>
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      <pubDate>Mon, 07 Jun 1937 00:00:00 +0530</pubDate>
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