C. P. Matthen and others – Appellant
Versus
District Magistrate, Trivandrum and another – Respondent
Lord Thankerton:-
This is an appeal from (1) a judgment of the Full Bench of the High Court of Madras, dated 4th November 1938, in Criminal Miscellaneous Petition No. 1003 of 1938, which on a reference by a Division Bench of the same Court, held that the orders of Pandrang Row J., a single Judge of the Court, on an application for writ of habeas corpus and relative applications, and dated 21st, 24th and 26th October 1938, made in Criminal Miscellaneous Petitions Nos. 986, 990 and 985 of 1938 respectively, were null and void, (2) a judgment and order of the said Division Bench, dated 7th November 1938, made in petition No, 1003 in implement of the above judgment, and (3) a judgment and order of the said Division Bench, dated 7th November 1938, made in petition No. 985, dismissing the application for a writ of habeas corpus. The appellants challenge the validity of certain warrants issued by the Resident for the Madras States under S. 7, Indian Extradition Act (15 of 1903), to the Chief Presidency Magistrate of Madras, under which they were arrested, and they ask to be discharged. The course of procedure which has been followed has raised important questions as to the jurisdiction of
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