CourtMesh

Section 102: ABcr section 438, hcfollowingsecuon shall beinsertcd, namc1y

The West Bengal Separation Of Judicial And Executive Functions Act, 1970State Act of West Bengal · Act 8 of 1970

"Powcr or Dis~rict 438A. U n examining under section 435 or othenvise Magislnrc 10 the record of any proceeding,- r c p n ro High Coun or lo dtcidc finally pracccdinys mllcd for.

(a) where such proceeding i s in respect of an order made under section l 1 fl, section 122, section 143, scction 144 or secrion 145, the Districr Magistrate shall, if he is of opinion thar I h e order made in such proceeding should be revised or altered, repan forordcrsofQeHi~h Court thzmultofhisexamination;

and

(b) whete such proceeding is in respect of an order made under any other section, the Disrrict Magistrate may exercise in respect of h e order made in such proceeding lhe powen conferred on a Court of appeal by seclions 423, 426 and

428.".

103. In sub-seclion (3) oFxec~inn 439, for h e words "a Magisirate", in the two places where hey occur, the words ''a Judicial Magistme" shall be subsljtuted.

104. In sub-secdon ( I ) ofsection 476, for 8 c words "Milgisuate of Ihc first Class". in the hvo places where they occur, the words "Judicial Magistrate of the first class" shall be substituted.

105. In section 478, for Lhe words "a Magistrate", wherever they occur, the words "a Judicial Magistrate" shall be subsrimled.

106. In seclion 479. for the words "Disuict Magisirale or other Magismtt", lhe wordsWSub-djvjsiondJudicia1 Magisme oroherJudicjal Magishale" shall be subs~ituted.

The Wesr Bengul Sepororiut~ 01 Jirdicial and Executive Fitncriotrs ACI, 1970.

VIII of 1970.1 (Sch edrrle. )

Where this provision sits

ActThe West Bengal Separation Of Judicial And Executive Functions Act, 1970
Section102
Marginal noteABcr section 438, hcfollowingsecuon shall beinsertcd, namc1y
JurisdictionState of West Bengal
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The West Bengal Separation Of Judicial And Executive Functions Act, 1970 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.