Jagat Chandra Ghose vs Emperor on 4 January, 1923

Calcutta High Court
Jagat Chandra Ghose vs Emperor on 4 January, 1923
Equivalent citations: 75 Ind Cas 722
Bench: Newbould, Suhrawardy


JUDGMENT

1. This Rule is directed against an order passed under Section 36 of the Legal Practitioners Act including the petitioner’s name in a list of touts. It appears that the order for the inclusion of the petitioner’s name was passed by the Fourth Presidency Magistrate and on this order the petitioner’s name was added to the list of touts for the Court at Jorabagan. It appears, however, that the Court at Jorabagan is subordinate to the Chief Presidency Magistrate and consists of several Courts presided over by several Presidency Magistrate, one of whom is the Fourth Presidency Magistrate, Mr. J.N. Sarkar, who passed this order. But, the powers of a Presidency Magistrate to publish list of touts is limited by Section 36 to his own Court and the Courts subordinate thereto. The list in which the petitioner’s name has been published is applicable to Courts other than that in which the Fourth Presidency Magistrate pre sides and those Courts are not subordinate to his Court. We must, therefore, hold that the order was bad as having been made without jurisdiction.

2. We accordingly make this Rule absolute and set aside the order of the Fourth Presidency Magistrate directing that the petitioner’s name be included in the list of touts for the Jorabagan Court.

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