1941 JTR(Mad) 307
1942 AIR(Mad) 221
IN THE HIGH COURT OF MADRAS
Horwill, J.
In Re: Kumaraswamy Kalinga Bayar and Ors.
Versus
Decided On : 10.09.1941
The court upheld the legality of the case transfer and ruled that the petitioners had no right to re-call witnesses.
Transfer - Magistrate - The transfer of the case to another Magistrate without notice to the petitioners was not illegal. The petitioners had no right to have witnesses re-called. The Magistrate gave reasons for not wishing to do so.
Fact of the Case:
The transfer of the case to another Magistrate without notice to the petitioners was found not to be illegal. The petitioners were denied the right to have witnesses re-called, with the Magistrate providing reasons for this decision. As a result, the petition was dismissed.
Finding of the Court:
The court found that the transfer of the case and the denial of the petitioners' request to re-call witnesses were not illegal, leading to the dismissal of the petition.
Issues: Transfer of case without notice, Right to re-call witnesses
Ratio Decidendi: The court's decision was influenced by the lack of illegality in the transfer of the case and the absence of a right for the petitioners to have witnesses re-called.
Final Decision: The petition was dismissed.
Transfer - Magistrate - The transfer of the case to another Magistrate without notice to the petitioners was not illegal. The petitioners had no right to have witnesses re-called. The Magistrate gave reasons for not wishing to do so.
Fact of the Case:
The transfer of the case to another Magistrate without notice to the petitioners was found not to be illegal. The petitioners were denied the right to have witnesses re-called, with the Magistrate providing reasons for this decision. As a result, the petition was dismissed.
Finding of the Court:
The court found that the transfer of the case and the denial of the petitioners' request to re-call witnesses were not illegal, leading to the dismissal of the petition.
Issues: Transfer of case without notice, Right to re-call witnesses
Ratio Decidendi: The court's decision was influenced by the lack of illegality in the transfer of the case and the absence of a right for the petitioners to have witnesses re-called.
Final Decision: The petition was dismissed.
ORDER
Horwill, J.
1. The transfer of the case to another Magistrate without notice to the petitioners was not illegal. The petitioners had no right to have witnesses re-called. The Magistrate gave reasons for not wishing to do so. The petition is dismissed.