Subordination of Assistant Sessions Judges
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Summary
Assistant Sessions Judges are subordinate to the Sessions Judge of the court where they sit. The Sessions Judge can make rules for distributing work among those Assistant Judges. If the Sessions Judge is absent or cannot act, an Additional or Assistant Sessions Judge, or if none exists the Chief Judicial Magistrate, may deal with urgent applications and will be treated as having jurisdiction to do so.
Example
Priya files an urgent application in the Sessions Court while the Sessions Judge is absent. Because the Sessions Judge had authorised urgent matters to be handled by an Assistant Sessions Judge, the Assistant Judge hears and disposes of Priya's application and is treated as having jurisdiction to do so.
Bare Act
Enacted text(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judges may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.
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