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In Re: Appavu Kavundan and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in36Ind.Cas.878
AppellantIn Re: Appavu Kavundan and anr.
Cases Referred and Ambica Tewari v. Emperor
Excerpt:
criminal procedure code (act v of 1908),section 195, clause (6) and (7)(c) - district munsif acting as small came court, whether subordinate to district judge--sanction--appeal-jurisdiction. - 1. the contention that the district judge has no jurisdiction to interfere under section 195, clause 7(c) of the code of criminal procedure, against the order of the district munsif acting as a small cause court is not accepted by us. we prefer to follow the decision of this court in jamna das v. sabapathy chetti 12 ind. cas. 512 : 21 m.l.j. 1074, 10 m.l.t. 278 : (1911) 2 m.w.n. 259, and we dissent from the decisions in ajodhia parshad v. ram lal 13 ind. cas. 284 : 9 a.l.j. 124 : 13 cri. l.j. 44 and ambica tewari v. emperor 34 ind. which decide otherwise.2. on the merits we see no reason to interfere with the order of the learned district judge3. the appeal is dismissed
Judgment:

1. The contention that the District Judge has no jurisdiction to interfere under Section 195, Clause 7(c) of the Code of Criminal Procedure, against the order of the District Munsif acting as a Small Cause Court is not accepted by us. We prefer to follow the decision of this Court in Jamna Das v. Sabapathy chetti 12 Ind. Cas. 512 : 21 M.L.J. 1074, 10 M.L.T. 278 : (1911) 2 M.W.n. 259, and we dissent from the decisions in Ajodhia Parshad v. Ram Lal 13 Ind. Cas. 284 : 9 A.L.J. 124 : 13 Cri. L.J. 44 and Ambica Tewari v. Emperor 34 Ind. which decide otherwise.

2. On the merits we see no reason to interfere with the order of the learned District judge

3. The appeal is dismissed


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