Police v Sharma [1948] FijiLawRp 4; [1946-1955] 4 FLR 10 (15 November 1948)

[1946-1955] 4 FLR 10

SUPREME COURT OF FIJI

POLICE

v

SHIURAM SHARMA

PRACTICE NOTE - CASE STATED

In this judgment in the above Criminal Appeal on November 15th, 1948, Seton, C.J. said:-

"On the subject of a case stated, I call attention to the procedure which should be adopted where the parties are represented by counsel. It is mentioned in Halsbury's Laws of England (2nd Ed.) Vol. 21, p. 727:

'The usual practice is for the case to be drafted by the party applying for it, and, after it has been considered by the respondent, for its terms to be finally settled by the justices (Magistrate) by whom the case was heard.'

If this practice is followed, the chances of error in a case stated should be minimized."