1941 Supreme(Mad) 307

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.

Headnote:

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.