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Addl. CMM Not Subordinate To CMM In Exercise Of Judicial Powers: Supreme Court

The Supreme Courtroom noticed that Further Chief Metropolitan Justice of the Peace can’t be stated to be subordinate to the Chief Metropolitan Justice of the Peace in as far as train of judicial powers are involved.

“Chief Metropolitan Justice of the Peace as well as, might have administrative powers. Nevertheless, for all different functions and extra notably the powers to be exercised underneath the Cr.PC each are at par.”, the bench comprising Justices MR Shah and BV Nagarathna noticed..

The bench noticed thus whereas upholding the view expressed in a Bombay Excessive Courtroom judgment that (i) the District Justice of the Peace, Chief Metropolitan Justice of the Peace will not be a persona designata for the needs of Part 14 of the SARFAESI Act; (ii) the expression “District Justice of the Peace” and the “Chief Metropolitan Justice of the Peace” as showing in Part 14 of the SARFAESI Act shall deem to imply and embody Further District Justice of the Peace and Further Chief Metropolitan Justice of the Peace for the needs of Part 14 of the SARFAESI Act.

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