TMI Blog1945 (4) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... the trial he applied to the Chief Presidency Magistrate, Calcutta, for transfer of the cases from the file of the trying Magistrate. One of the grounds urged in support of the application for transfer was that the appointment of the Magistrate was irregular and therefore ineffective, as it had not been made in accordance with the conditions prescribed by Section 256, Constitution Act and that ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Presidency Magistrate, as the case may be. It was contended that the appointment of the Additional Presidency Magistrate trying these cases was made without consulting the Chief Presidency Magistrate, and was therefore ineffective and inoperative. In our judgment the section does not direct consultation with the Chief Presidency Magistrate when it is proposed to grant magisterial powers or en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the District Magistrate of the district in which the Magistrate was working in his own province at the time when the question of his appointment as Additional Presidency Magistrate, Calcutta, came under consideration. There is nothing on the record to indicate that such consultation did not take place. There is thus no foundation for the contention that the direction contained in Section 256 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot a judgment or final order within the meaning of Section 205, Constitution Act. Reliance was in support of the objection placed on the observations of Sulaiman J., in Hori Ram Singh v. Emperor ('39) 26 A.I.R. 1939 F.C. 43. Reference was also made to Venugopala Reddiar v. Krishnaswami Reddiar ('43) 30 A.I.R. 1943 F.C. 9. As we have come to the conclusion that there is no substance in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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