The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 24 1927

In a criminal case if the summons has been issued on complaint and on the day appointed for the appearance of the accused or any other day subsequent thereto to which the hearing may be adjourned the complainant does not appear the Magistrate is bound to acquit the accused unless for some reason he thinks prper to adjourn the hearing of the case to some.other day. [...] The question -is whether under the section the Magistrate is competent to record an order of acquittal if the ' complainant is absent when the case is calla; son for hearing even if it is taken 11D at a time when it is not expected to be taken up ; in other words whetner the section contemplates that the complainant should be present in Court the whole of the time the Court is sitting on the app [...] The Madras High Court has held that the complaiant is bound to be pre-sent all the time the Court is open on the appointed day and if he wants to be absent during any portion of the day he should ask the Court's permission for doing so and the Presence of his vakil alone is not sufficient compliance with the requirments of sec. [...] Though the High Court tias often condemned the pratice of the issue of circulars by the District Judges one of the District Judges here issued an order that probate and letters should not be granted before the expiry of three months after the service of notice upon the Collector under sec. [...] stamp and after the order for the grant the nazir of the Court (on requisition from the Court) procures the stamp and sends it to the office and then the grant is made-.