Powers of Judges and Magistrates exercisable by their successors-in-office
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Summary
A judge's or magistrate's powers and duties can be exercised by their successor-in-office. If it is unclear who succeeds an Additional or Assistant Sessions Judge, the Sessions Judge will name the successor in a written order. If it is unclear for any Magistrate, the Chief Judicial Magistrate or District Magistrate will decide by a written order. The person so named has the same authority for proceedings and orders under this Code.
Example
Priya was the magistrate hearing a neighbour's eviction petition but retired before deciding. The District Magistrate issues a written order naming Rohan as her successor-in-office. Rohan can then hear the petition and pass orders with the same authority Priya would have had.
Bare Act
Enacted text(1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceeding or order thereunder, be deemed to be the successor-in-office of such Additional or Assistant Sessions Judge.
(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.
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