Kalidas v Queen
Kalidas v Queen (Criminal Appeal No. 2010 of 1953) [1954] EACA 163 (1 January 1954)
The prosecution was a nullity because it was instituted without the required formal report and application by the Official Receiver, as mandated by sections 144 and 148 of the Bankruptcy Ordinance. Furthermore, while section 17(8) of the Bankruptcy Ordinance allows the use of notes from a public examination as evidence against the bankrupt, this provision does not permit a conviction to be founded solely on such notes unless they are properly put in evidence by being read aloud in court and brought to the notice of the accused. In this case, the record was produced but not read out, and no ot…
Source excerpt
- Bankruptcy Offences
- Admissibility Of Evidence
- Public Examination Notes
- Procedural Nullity