Empress Vs. Bhagvanta Ravji - Court Judgment
|Judge||Kemball and ;Pinhey, JJ. |
2nd class magistrate - jurisdiction--sentence of whipping--code of criminal procedure, act x of 1872--act x of 1382, sections 2 and 32. - section 31(4) (since repealed) :[tarun chatterjee & h.l.dattu, jj] jurisdiction of high court - respondent, a government company, chartered appellants vessel to carry rock phosphate from togo to west coast india - dispute arose between parties - under agreement, respondent had chosen mumbai as port of delivery vessel carrying rock phosphate was delivered at port of bombay - application filed by respondent earlier before delhi high court for appointment of certain individual as arbitrator had become infructuous because of his demise held, high court of bombay, is not correct in rejecting arbitration petition filed by appellant on ground of lack of.....kemball, j.1. the district magistrate is in the opinion of the court, right. the powers conferred originally on rav saheb moro raghunath bivalkar were those of a 2nd class magistrate. since the passing of the new code those powers, whatever they may be, must be taken, by virtue of section 2 of the new code, to have been conferred by the new code. this was obviously enacted to avoid the inconvenience of re-appointing officers on the repeal of the old code; but the provisions of section 2 were not intended to continue to 2nd class magistrates a jurisdiction which the new law expressly says they shall not exercise except, they are specially empowered so to do.
1. The District Magistrate is in the opinion of the Court, right. The powers conferred originally on Rav Saheb Moro Raghunath Bivalkar were those of a 2nd Class Magistrate. Since the passing of the new Code those powers, whatever they may be, must be taken, by virtue of Section 2 of the new Code, to have been conferred by the new Code. This was obviously enacted to avoid the inconvenience of re-appointing officers on the repeal of the old Code; but the provisions of Section 2 were not intended to continue to 2nd Class Magistrates a jurisdiction which the new law expressly says they shall not exercise except, they are specially empowered so to do.