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Queen- Empress Vs. Viranna and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad132
AppellantQueen- Empress
RespondentViranna and ors.
Excerpt:
criminal procedure code, section 40 - transfer of a sub-registrar invested with powers of a special magistrate--act xxiv of 1859 (madras), section 48. - 1. it appears to us that under section 40, the sub-registrar was competent to exercise on his transfer to gannavaram the powers conferred upon him as sub-registrar of ponnur unless the local government directed him not to exercise them. in the government order of 29th may last the government declined to invest him with those powers as sub-registrar of gannavaram. the order was passed apparently under the impression that the powers had to be conferred again whilst no such fresh grant of powers was necessary under section 40. again the government order was not communicated to the sub-registrar until after he had decided the cases under reference. we do not think that under these circumstances there is any necessity to interfere.
Judgment:

1. It appears to us that under Section 40, the Sub-Registrar was competent to exercise on his transfer to Gannavaram the powers conferred upon him as Sub-Registrar of Ponnur unless the local Government directed him not to exercise them. In the Government order of 29th May last the Government declined to invest him with those powers as Sub-Registrar of Gannavaram. The order was passed apparently under the impression that the powers had to be conferred again whilst no such fresh grant of powers was necessary under Section 40. Again the Government order was not communicated to the Sub-Registrar until after he had decided the cases under reference. We do not think that under these circumstances there is any necessity to interfere.


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