The Weekly Reporter, Appellate High Court, volume 16

Cover The Weekly Reporter, Appellate High Court, volume 16
The Weekly Reporter, Appellate High Court, volume 16
David Sutherland, India High Court (Calcutta, India), Great Britain Privy Council. Judicial Committee
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But as a matter of fact, the cqstomary right to erect the bund was asserted from the first by the plaintiff, and it is not the case that the plaintiff's only point was that hif bund was not injuring the Government road.
Such being the details of the proceedings of the Deputy Magistrate, Mr. Money very justly complains of the difficulty of finding out on what supposed principle the Deputy Magistrate acted as he did, and whether or not he acted judicially and whether or not with jurisdiction^ To
...this hour, the Deputy Magistrate him- self has never got any nearer a justification of his conduct than a sweeping allegation made by him in the witness box, that he acted under the provisions of the Criminal Procedure Code ** and in ike exertUe of his judicial and exsculive powers/' The Government, in their written state- ment, say for the Deputy Magistrate that which he never has ventured to say for him- 8ei^> — ^that some of his proceedings were made under Section 62 and others were under Chapter XX of the Criminal Procedure Code.

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