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Jhinguri Vs. Bachu and anr. - Court Judgment

LegalCrystal Citation
CourtAllahabad High Court
Decided On
Reported in(1885)ILR7All134
RespondentBachu and anr.
.....procedure code, sections 435, 437 - power of district magistrate to direct further inquiry by magistrate of the first class--'inferior magistrate.' - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the nobin kristo mookerjee v. bussick lall laha i.l.r. 10 cal. 268 and in queen-empress v. nawab jan i.l.r. 10 cal. 551 i am of opinion that the order of the magistrate of the basti district, dated the 29th may 1884, was ultra vires and illegal. i set it aside accordingly. let the record be.....

Duthoit, J.

1. Munshi Chet Ram was, by Government Notification No. 724, dated the 30th May 1882, appointed 'to be Magistrate of the first class during such time as he acts as a Deputy Collector; 'and, in answer to an inquiry on the subject, the Sessions Judge of Gorakhpur has reported that Munshi Chet Earn has continuously exercised those powers since the date of the Notification, and has not since ceased to officiate as a Deputy Collector.

2. Following and approving the view of the law taken by the learned Judges of the Calcutta Court in Nobin Kristo Mookerjee v. Bussick Lall Laha I.L.R. 10 Cal. 268 and in Queen-Empress v. Nawab Jan I.L.R. 10 Cal. 551 I am of opinion that the order of the Magistrate of the Basti District, dated the 29th May 1884, was ultra vires and illegal. I set it aside accordingly. Let the record be returned.

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