1945 (4) TMI 20

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....22, Defence of India Rules Daring the course of the trial he applied to the Chief Presidency Magistrate, Calcutta, for transfer of the cases from the file of the trying Magistrate. One of the grounds urged in support of the application for transfer was that the appointment of the Magistrate was irregular and therefore ineffective, as it had not been made in accordance with the conditions prescribe....

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....trict in which he is working, or with the Chief Presidency Magistrate, as the case may be. It was contended that the appointment of the Additional Presidency Magistrate trying these cases was made without consulting the Chief Presidency Magistrate, and was therefore ineffective and inoperative. In our judgment the section does not direct consultation with the Chief Presidency Magistrate when it i....

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....ribed by Section 256 should have been made with the District Magistrate of the district in which the Magistrate was working in his own province at the time when the question of his appointment as Additional Presidency Magistrate, Calcutta, came under consideration. There is nothing on the record to indicate that such consultation did not take place. There is thus no foundation for the contention t....