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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.