...) empower the High Court to appoint any, Metropolitan Magistrate to be an Additional Chief 4 Metropolitan Magistrate, and also empower such Additional Chief Metropolitan Magistrate with all or any of the powers of...Metropolitan Magistrate or District Magistrate under Section 14 of the said Act are purely executory in nature and not adjudicatory and thus there is no impediment in law, if the Chief Metropolitan Magistrate or the District Magistrate delegate the powers to...-judicial function or application of mind would require and, therefore, the Chief Metropolitan Magistrate/District Magistrate is not persona designata and 5 as such, he can delegate his powers to other officers. The learned counsel for the Petitioner would also submit that inclusion of words...

...Metropolitan Magistrate- (1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. (2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of...? 14 Section 16 of the Cr.P.C. deals with metropolitan area and the establishment of as many Courts of Metropolitan Magistrates at such places as the State Government may decide after consultation with 6/14 WP 5047-18.doc the High Court. Jurisdiction and powers of every Metropolitan Magistrate extends throughout metropolitan area. Section 17 deals with appointment of Chief Metropolitan...as well as Additional Chief Metropolitan Magistrate. Sub-section (1) imposes duty upon the High Court to appoint Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. Under Sub- section (2) the High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate who shall have all or any of the powers of...

...(2) and Section 19 of the Code of Criminal Procedure, the High Court has observed that the Additional Chief Metropolitan Magistrate (for short "ACMM"), being invested with all the judicial powers of the...Chief Metropolitan Magistrate, can be considered at par with the Chief Metropolitan Magistrate. The High Court has also observed that so far as the exercise of judicial powers are concerned, the...Chief Metropolitan Magistrate and the 5 Additional Chief Metropolitan Magistrate stand on the same footing and one cannot be said to be either inferior or subordinate to the other. It is further observed and held that as the status of Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate is same and identical, the Additional Chief Metropolitan Magistrate can exercise the powers under...

....(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.(4) The Court of a Chief Metropolitan Magistrate shall have the powers of...the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a magistrate of.... P.C provides that, in relation to every metropolitan area, the High Court shall appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such a metropolitan area. Sub-section (2) thereof provides that, a High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of...

...passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad, in Miscellaneous Application No. 73 of 2012 being Exhibit 1 in exercise of powers under Section 14 of the....2. The petitioner also calls in question the legality, validity and propriety of the office order bearing no. A(VI) 40/2012 issued by the Chief Metropolitan Magistrate, Ahmedabad dated 4 February 2012 in exercise of his powers under...Shah, the learned counsel appearing for the petitioner vehemently submitted that the order impugned is without jurisdiction as there is nothing to suggest that the Additional Chief Metropolitan Magistrate, Ahmedabad, has been conferred with any powers under Sub-section (2) of Section...

...before this Court with respect of power of the Chief Judicial Magistrate exercising the jurisdiction in non-metropolitan area in exercise of powers conferred by Section 14 of the SARFAESI Act, 2002.9. The question came up for consideration before the Division Bench of this Court was as to whether the Chief Judicial Magistrate exercising jurisdiction in non metropolitan area...other dependent upon the area under his transfer.11. A reading of the above provisions makes it clear that powers of Chief Judicial Magistrate in non-metropolitan area and powers of Chief Metropolitan Magistrate working...power with the Chief Metropolitan Magistrate or the District Magistrate to assist secured creditor in taking possession of secured assets.5. For the convenience, the...

....The secured creditor may also approach the Chief Metropolitan Magistrate/District Magistrate for assistance in taking possession of the secured assets as provided under Section 14 of the Act. The powers of...in any Court or before any authority meaning thereby that the said order is not amenable to Appeal under Section 17 of the Act. The scope of powers by the Chief Metropolitan Magistrate/Judicial...Chief Metropolitan Magistrate or District Magistrate are only ministerial and the orders of such judicial officers passed in exercise of the provision of Section 14 shall not be called in question...

...Petitioners' contention relating to the powers of the Chief Metropolitan Magistrate vis-a-vis, the relevant provisions of the Code of Criminal Procedure. It is strenuously canvassed by Shri Mehta for the...Sessions Court and not the Chief Metropolitan Magistrate.17. As against this, Shri Gupte for the Customs Officer and Shri Barday for the State have contended that there is no prohibition or restriction on the powers of the...Presidency Magistrates) and High Court, though Sessions Court was not concerned with any orders passed by the Metropolitan Magistrates. By switching over to a three-tier system, a post of Chief Judicial Magistrate is created in districts, while Sessions Court in metropolitan areas is conferred with appellate powers with...

...reconsideration is whether the Chief Judicial Magistrate exercising jurisdiction in non metropolitan area in exercise of powers conferred by section 14 of the Act, 2002 can assist a secured creditor in...section 12 of Cr. P.C, the High Court of the State is empowered to appoint in every district, which is not a metropolitan area, a Judicial Magistrate of First Class to be the Chief Judicial Magistrate. Similarly, with respect to every metropolitan area, the High Court is empowered to appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.17. From a reading of the aforesaid provisions, it is clear that the function and powers of...under his transfer.19. A reading of the above provisions makes it clear that powers of Chief Judicial Magistrate in non-metropolitan area and powers of Chief Metropolitan Magistrate working...

...imprisonment not exceeding three years or fine not exceeding ten thousand rupees. The powers of Chief Metropolitan Magistrate and Metropolitan Magistrate are equal to Chief Judicial Magistrate and...provision for appointment of Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate by the High Court in the metropolitan area. Section 29 provides that Chief Judicial Magistrate may...Judge or even of Chief Judicial Magistrate. While Sec. 12 makes provision for appointment of Chief Judicial Magistrate and Additional Chief Judicial Magistrate by the High Court, Section 17 makes...

...coordinate bench of this Court, differed with the view expressed therein and referred the matter to a Full Bench observing that the nomenclature Chief Metropolitan Magistrate (CMM) used in Section 14 of the SARFAESI Act is inclusive of the nomenclature Chief Judicial Magistrate (CJM) as the powers and...every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. Therefore, in every District there will be a Chief Judicial Magistrate who will be a senior most Magistrate with all the powers of Judicial...a District Headquarters if posted in a metropolitan area, will be discharging the functions of a Chief Metropolitan Magistrate and similarly, if a Chief Metropolitan Magistrate working in a metropolitan area is posted in a non-metropolitan area, he will be discharging his duties as Chief Judicial Magistrate. Therefore, the nomenclature gets changed depending upon the place of work. A reading of the above provisions, makes it clear that the powers of...

...bench of this Court, differed with the view expressed therein and referred the matter to a Full Bench observing that the nomenclature Chief Metropolitan Magistrate (CMM) used in Section 14 of the SARFAESI Act is inclusive of the nomenclature Chief Judicial Magistrate (CJM) as the powers and...relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. Therefore, in every District there will be a Chief Judicial Magistrate who will be a senior most Magistrate with all the powers of Judicial...Headquarters if posted in a metropolitan area, will be discharging the functions of a Chief Metropolitan Magistrate and similarly, if a Chief Metropolitan Magistrate working in a metropolitan area is posted in a non-metropolitan area, he will be discharging his duties as Chief Judicial Magistrate. Therefore, the nomenclature gets changed depending upon the place of work. A reading of the above provisions, makes it clear that the powers of...

...taking possession, it may approach the Chief Metropolitan Magistrate concerned under Sec.14 of the Act. It was further submitted that the rights of the Bank to invoke Sec.14 of the Act is independent of the provisions of Sec.13(4) and the powers of...added) 14. Nature of powers that are exercised by the Chief Metropolitan Magistrate/District Magistrate under Sec.14 of the Act are purely executionery in nature. At the time of...be left to the DRT as far as possible." 16. The nature of powers that are exercised by the Chief Metropolitan Magistrate/District Magistrate under Sec.14 of the Act, it is purely...

...: "(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. (2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of...1. Arguments have been addressed whether the Additional Chief Metropolitan Magistrate who entertained the complaint of the respondent had jurisdiction to do so or not.... 2. Section 17 of Cr. P.C. pertains to Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate in metropolitan cities and reads as under...

...shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of...ORDER1. Arguments have been addressed whether the Additional Chief Metropolitan Magistrate who entertained the complaint of the respondent had jurisdiction to do so or not....2. Section 17 of Cr. P.C pertains to Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate in metropolitan cities and reads as under:“(1) The High Court...

...Deshmukh, J.:— This is a reference by the Additional Chief Metropolitan Magistrate, third Court, Esplanade, Bombay, under s. 395(2) of the Criminal Procedure Code. He has formulated the following three points for decision of the High Court:(1) Additional Chief Metropolitan Magistrate, Bombay, being invested with all the judicial powers of....5. According to the learned Magistrate, the Additional Chief Metropolitan Magistrate in Bombay is having the same legal status and contents with regard to the judicial powers of dealing with and...establishment of as many Courts of Metropolitan Magistrates at such places as the State Government may decide in consultation with the High Court. The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. Section 17 is an important section dealing with the appointment of Chief Metropolitan...

...notification in ROC. No. 25.SO/74-2, dated 28.03.1974 posting the District & Sessions Judge as the Presiding Officer of the First Metropolitan Magistrate's Court, Hyderabad to be the Metropolitan Magistrate, which is obviously an inferior post to that of a District judge and conferring on him the powers of the Chief Metropolitan...Judge-cum-Additional District Magistrate, had been appointed a Magistrate of the First Class and had been exercising magisterial powers.13. It is true that appeal against judgment of conviction and sentence passed by the Chief Metropolitan Magistrate...many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.(2) The presiding officers of such Courts shall be appointed by the High Court.(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.17. Chief Metropolitan...

...coordinate bench of this Court, differed with the view expressed therein and referred the matter to a Full Bench observing that the nomenclature “Chief Metropolitan Magistrate (CMM)” used in section 14 of the sarfaesi act is inclusive of the nomenclature “Chief Judicial Magistrate (CJM)” as the powers and.... Under Section 17 of Code of Criminal Procedure the High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. Therefore, in every District there will be a Chief Judicial Magistrate who will be a senior most Magistrate with all the powers of Judicial...functions of a Chief Metropolitan Magistrate and similarly, if a Chief Metropolitan Magistrate working in a metropolitan area is posted in a non-metropolitan area, he will be discharging his duties as Chief Judicial Magistrate. Therefore, the nomenclature gets changed depending upon the place of work. A reading of the above provisions, makes it clear that the powers of...