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Judgment
2 paragraphs · 147 wordsDuthoit, J.—Munshi Chet Ram was, by Government Notification No. 724, dated the 30th May 1882, appointed "to be Magistrate of the first class during such time as he acts as a Deputy Collector; "and, in answer to an inquiry on the subject, the Sessions Judge of Gorakhpur has reported that Munshi Chet Earn has continuously exercised those powers since the date of the Notification, and has not since ceased to officiate as a Deputy Collector.
Following and approving the view of the law taken by the learned Judges of the Calcutta Court in Nobin Kristo Mookerjee v. Bussick Lall Laha ILR Cal. 268 and in Queen-Empress v. Nawab Jan ILR Cal. 551 I am of opinion that the order of the Magistrate of the Basti District, dated the 29th May 1884, was ultra vires and illegal. I set it aside accordingly. Let the record be returned.