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In Re: Machi Reddi Chinnappa Reddi

Type Court Judgment Court Chennai Decided Oct 07, 1909
~1 min read
https://sooperkanoon.com/case/787335

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Citation
Court
Chennai
Judge
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

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 quest...

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Machi Reddi Chinnappa Reddi

Legal References

Cases Referred
Ramtohal Dusadh v. Emperor
Reported In
4Ind.Cas.37

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.

Full 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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