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Sarat Chunder Roy vs Bepin Chandra Roy on 21 January, 1902

There is a general consensus of opinion that the mere definition of areas of jurisdiction or the appointment of a Magistrate to a certain sub-division cannot be taken as a provision excluding the jurisdiction of the Magistrate to the rest of the district and that in the absence of some provision expressly or by necessary implication excluding such jurisdiction, the Magistrate must be held to have jurisdiction throughout the dis- trick Thus the mere fact that a Magistrate is placed in Charge of a Sub-Division under Section 13, is, in- the absence of anything to the contrary, no eround for holding that his jurisdiction over the rest of the district is excluded. The petitioner has been unable to show that there was any order passed by the State Government or subject to its control, by the District Magistrate, expressly or implied-ly taking away the .-jurisdiction of the Sub-Divisional Magistrate from the rest of the district. In the absence of such an order, it must be taken that his jurisdiction extended to the entire district. See Sarat Chunder Roy v. Bepin Chandra Roy, (1902) ILR 29 Cal 389; Golam Rahaman Khan v. Kali Pada Manna AIR 1932 Cal 064 : 33 Cri LJ 858; Ghulam Hussain v. Sajawal Shah.
Calcutta High Court Cites 3 - Cited by 7 - Full Document

Golam Rahaman Khan And Ors. vs Kali Pada Manna And Anr. on 15 April, 1932

There is a general consensus of opinion that the mere definition of areas of jurisdiction or the appointment of a Magistrate to a certain sub-division cannot be taken as a provision excluding the jurisdiction of the Magistrate to the rest of the district and that in the absence of some provision expressly or by necessary implication excluding such jurisdiction, the Magistrate must be held to have jurisdiction throughout the dis- trick Thus the mere fact that a Magistrate is placed in Charge of a Sub-Division under Section 13, is, in- the absence of anything to the contrary, no eround for holding that his jurisdiction over the rest of the district is excluded. The petitioner has been unable to show that there was any order passed by the State Government or subject to its control, by the District Magistrate, expressly or implied-ly taking away the .-jurisdiction of the Sub-Divisional Magistrate from the rest of the district. In the absence of such an order, it must be taken that his jurisdiction extended to the entire district. See Sarat Chunder Roy v. Bepin Chandra Roy, (1902) ILR 29 Cal 389; Golam Rahaman Khan v. Kali Pada Manna AIR 1932 Cal 064 : 33 Cri LJ 858; Ghulam Hussain v. Sajawal Shah.
Calcutta High Court Cites 0 - Cited by 4 - Full Document
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