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Nityaranjan Mandal and ors. Vs. King-emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1925Cal806
AppellantNityaranjan Mandal and ors.
RespondentKing-emperor
Excerpt:
- .....land we are surprised that a member of that branch of the profession should have engaged a muktear whom he knew to be related to the magistrate who would try the case. the muktearnama was not filed until the day on which the case was transferred to this honorary magistrate.2. we accordingly make this rule absolute. we transfer the case from the file of the honorary magistrate mr. a.p. mukerjee to that of any other magistrate whom the district magistrate may select.
Judgment:

1. The only serious ground on which this application for transfer is based, is that the muktear who is appearing for the complainant is, as admitted by the learned Magistrate, a close relation of his, It is undesirable that a member of the legal profession should practise in a Court presided over by a near relation. The complainant in this case is a pleader land we are surprised that a member of that branch of the profession should have engaged a muktear whom he knew to be related to the Magistrate who would try the case. The muktearnama was not filed until the day on which the case was transferred to this Honorary Magistrate.

2. We accordingly make this Rule absolute. We transfer the case from the file of the Honorary Magistrate Mr. A.P. Mukerjee to that of any other Magistrate whom the District Magistrate may select.


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