High CourtsSingle Bench(1938) 03 MAD CK 0034

Atla Veeraswamy Reddi vs Gunisetty Venkataswamy

Madras High Court · Decided on 25 March 1938 · Citation: 175 Ind. Cas. 874 : (1938) 48 LW 149

HON’BLE JUDGES
Horwill, J

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Judgment

4 paragraphs · 90 words

Horwill, J.—Mr. Ch. Sambaiya who sigaed the judgment and the proceedings of November 10, 1937, seems not to have been present at the hearing of the other witness on October 23, 1937.

2.

A conviction is illegal if the Magistrates who signed the judgment did not hear all evidence.

3.

The conviction has, therefore, to be set aside. In view of the petty nature of the offence and the weak complainant to the property, a re-trial is not necessary.

4.

The petition is, therefore, allowed and the conviction set aside.