The Calcutta Weekly Notes Monday December 31 1928

Not unnaturally the judge applied to held that the AttorneGeneral of Nigeria rightly contended that no second application lay on the same materials and that the decision of the acting Chief Justice diposed of the matter and on appeal the Full Court in a considered judgment on June 1 1U26 upheld his ruling. [...] pus is not limited to a single application Prior to the Judicature Act 18'73 applications could of course be made to the three Courts of Common Law and to the Chancery and it would have been remarkable had that Act by unifying the Courts reduced drastically the privileges of the subject. [...] According to the view taken in numerous reported cases the petition filed before the Magistrate impugning the correctness of the police report was a complaint and the Magistrate was bound to dispose of it in the manner provided for in the Code in aliwords he was bound to examine the complainant and having done that eithe„r to issue process or dismiss the complaint. [...] On account of this irregularity the High Court after setting aside the order of the District Magitrate observed that it was open to the coplainant to file a fresh complaint or in the presence of the Magistrate to rectify the defects pointed out above and if that was done the Magistrate was to dispose of the complaint in accordance with law. [...] 137." Now the duty cast on the Magistrate of holding an enquiry as to the existence of the public right necesarily involves the taking of evidence but this evidence is for the purpose of finding out whether there is any reliable evidence in support of the existence of the public right and for that purpose only.