142-NLR-NLR-V-23-IN-REVISION.pdf
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Present: Shaw J.
Is Revision.
P. C—Batiicaloa, 8,308.
Power of Supreme Court to vacate its own order made per ineuriatn—Revision—Jurisdiction.
Where the Supreme Court under the mistaken belief that thePolice Magistrate had no jurisdiction, set aside the conviction andsent the case back for non-summary proceedings.
Held, that the Supreme Court had power thereafter acting inrevision to vacate its own order made per incuriam.
^j^HE facts appear from the judgment.iUangaboon> G.n., in support.
Apru 25, 1921. Shaw J.—
This is an application in revision. The case previously camebefore me in appeal fro"* the decision of the Police Magistrate.While dismissing the appeal on the facts, I was at the time of opinionthat the Magistrate had no jurisdiction to try the case summarily,my attention not having been called to the change effected in thePenal Code by Ordinance No. 31 of 1919, section 22 (6). I accord-ingly set aside the conviction, and sent the case back for the Magis-trate to take non-summary proceedings. This decision of minewas, undoubtedly wrong, and made per incuriam. The case of ThePolice Officer of Alaicalla v. Galapaiia 1 appears to satisfactorilyshow that I have power now to put the matter right in revision. Iaccordingly in revision vary the older I made on the subsequentoccasion, and dismiss the appeal then before me.
Appeal dismissed.
1921.
M V. it. li, tut.