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PARAMALINGAM v. ATTORNEY GENERAL


Paramalingam V. Attorney General

1959 Present : Weerasooriya, J.

A. PARAMALINGAM, Petitioner, and THE ATTORNEY-GENERAL
and another, Respondents

S. C. 383-Application for the Re-transfer of M. C. Kayts, Case
No. 7,677 from the Magistrate's Court, Colombo, to the
Magistrate's Court, Kayts

Fiat issued by Attorney-General transferring a case from one court to another-Application for re-transfer by an aggrieved party-Meaning of expression "any party considering himself aggrieved ''-Power of Supreme Court to examine matter fully- Courts Ordinance (Cap. 6), ss. 42, 43-Criminal Procedure Code, ss. 135, 338.

In an application under the proviso to section 43 of the Courts Ordinance for the re-transfer to the Magistrate's Court, Kayts, of a case the trial of which the Attorney-General, acting under the main provisions of that section, had by his fiat transferred to the Magistrate's Court, Colombo-

Held, (i) that the expression " any party considering himself aggrieved " in the proviso to section 43 of the Courts Ordinance is not restricted to a party on record, that is to say, either the accused or the person -ho is formally the complainant. Accordingly, where the Polic































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