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In Re: Machi Reddi Chinnappa Reddi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.37
AppellantIn Re: Machi Reddi Chinnappa Reddi
Cases ReferredRamtohal Dusadh v. Emperor
Excerpt:
criminal appeal - disposal of appeal without giving appellant's pleader reasonable opportunity of being heard in support of it--practice. - - 1. the pleader when he presented the appeal informed the magistrate that he was not prepared to argue it but some other pleader would do so and the magistrate does not question the pleader's good faith.ordermiller, j.1. the pleader when he presented the appeal informed the magistrate that he was not prepared to argue it but some other pleader would do so and the magistrate does not question the pleader's good faith. in these circumstances it cannot be said that the magistrate, when he required the pleader to argue the appeal at once, gave him a reasonable opportunity of being heard in support of it, vide ramtohal dusadh v. emperor (1909) 1 ind. cas. 668. the decision rejecting the appeal is set aside and the magistrate will re-hear it.
Judgment:
ORDER

Miller, J.

1. The pleader when he presented the appeal informed the Magistrate that he was not prepared to argue it but some other pleader would do so and the Magistrate does not question the pleader's good faith. In these circumstances it cannot be said that the Magistrate, when he required the pleader to argue the appeal at once, gave him a reasonable opportunity of being heard in support of it, vide Ramtohal Dusadh v. Emperor (1909) 1 Ind. Cas. 668. The decision rejecting the appeal is set aside and the Magistrate will re-hear it.


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