DEBIDIN NAI Vs. EMPEROR

JUDGEMENT

(1.) 1. This is an application for revision of the order of the District Magistrate declaring the applicant Debidin a tout under Section 36(2), Legal Practitioner Act. The chief ground upon which the application is based is that the District Magistrate passed his order without giving the applicant an opportunity of appearing before him and being heard.

(2.) THAT this would be sufficient ground for revision is clear from Kashinath v. Emperor A.I.R. 1924 A. 69.

(3.) THE Headquarters Magistrate, Mr. Abdul Rahman held an inquiry and after hearing the persons against whom the proceedings were started and recording their evidence, submitted a report on 3rd October 1930 recommending that the four persons against whom proceedings were taken should be declared touts. On that report the District Magistrate passed an order on 20bh October 1930 directing that the names of these persons should be brought on the list of touts in his office.