THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 469
C IVIL P ROCEDURE C ODE C RIMINAL P ROCEDURE C ODE
Section 100 — contd. Section 407 — contd.
material issue of law or usage having the force of law ;
(c) a substantial error or defect in the procedure provided by this Code or by any other law for the time being in force, which may possibly have produced error or defect in the decision of the case upon the merits.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
Section 104
(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders :
(a) an order superseding an arbitration where the award has not been completed within the period allowed by the Court;
(b) an order on an award stated in the form of a special case ;
(c) an order modifying or correcting an award ;
District Magistrate, may be transferred to such subordinate Magistrate. The District Magistrate may withdraw from such Magistrate any appeal or class of appeals so presented or transferred.
Section 408
Any person convicted on a trial held by an Assistant Sessions Judge, a District Magistrate or other Magistrate of the First Class, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section
380 by a Magistrate of the First Class, may appeal to the Court of Session :
Provided as follows:
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(b) When in any case an Assistant Sessions Judge or a Magistrate specially empowered under section
30 passes any sentence of imprisonment for a term exceeding four years, or any sentence of transportation, the appeal of all or any