The Burma Courts Act 1875, 17 of 1875, (Rep., Act 11 of 1889) · VII — .

Section 32. Tlie costs, if any, consequent on such refer- Provisio~l as ence sliall be disposed of by the Judicial Coninlis- to CO"s+ sioner

Repealed or not in force · As amended up to 2026-08

32. Tlie costs, if any, consequent on such refer- Provisio~l as ence sliall be disposed of by the Judicial Coninlis- to CO"s+ sioner. 33. For the trial of any civil appeal or reference Assessors for under this Act, the Judicial Comrnissioner may con- trial appeals of civii and stitute two or more persons assessors of his Court. refeleuces. Such persons slzall attend du~ing the trial and shad1 deliver their opinions in writing to be recorded on the proceedings. But the decision of tlie case shall rest with the Judicial Commissioner. No o@cer of the Judicial Commissioner's Court shall be appointed an assessor under this section. 34. I n any case in tvhicli a Court of first appeal P o \ ~ e r to can has, in the opinion of the Judicld Commissioner, recod* wrongly refused to submit a statement or dlo~v an appeal under section twenty-nine, the Judicial Oominissioner niay call for the record of the case, and may, on receipt of such record, proceed to try bhe case as if it mere an appeal instituted in his own Court. And in any casc in which a Gout of first appeal has submitbed such `t - ~` stateiiicnt, but, in bhe opiizion of blie Judicial Commissioner, the stateinent is unduly liiuitecl, or justice cannot be done without rellcariiig l,he case, the Judicial Commissioner niay proceed bo 4sy the casc as if it were an appeal instituted in his own Court. The Judicial Commissioner sllall send bo ihc Court of first appeal a copy of his jadgruenb in any i Dz~r71zn Cozc~ts. [ ACT XVII 'case tried under this section, and .tlic said Court shall dispose of tlie case in conformity with such judgment. ( g ) . Crimhal Javigdictim. Crimiual 35. The Judicial Commissioner shall be deemed j~~isdiction- to have and to have had the powers of a High Court ((I) of Judicial Corninis- under the Code of Criminal Procedure in criminal siouer, mattters in relation to all Courts in British Burma, except that of the Recorder of Rangoon, and except those of Mag<strates within the local limits of the ordinary civil jurisdiction of the said Recorder : The Commissioner shalI be deemed to liave and to have liad the powers of a Sessions Judge : ( 5 ) of C Q ~ . 3nissiouer~ (4 of Judge of Tlie Judge of the Town of Maulmain shall have the powers of a Sessions Judge. Power of 3 6. Tlie Chief Commissioner nany direct that n~issioner to Chief the criminal jurisdiction of any Commissioner shall transferorim- be transferred to the JudiciaI Commissioner either - tvliolly or in respect of a particuIar case or class of diction. cases, and either for a specified time or until further orders. The Chief Conimissioner may also at any time direct that any jurisdiction so transfei~ed shall revert to the Commissioner from wlloni it was transf e~red . (11,). Petitions to Jzlclicic~l Cbmmissioner tohe% exelvising transfe~*ved Ju.t*isdict.io~a. Ap~Iication `37.` M7hen tlle civil or criminal appellate jurisdiction of any Coinmissioner has, under section IX of 1871 twenty-three or section thirty-six, been transferred $0 certain to the J~tdicial Commissioner, Ap~Iication IX of 1871 $0 certain petitions to Judicial Coinmissioner. (a) a11 petitions and other docuinents prcscnted to tlie Judicial Commissioner in the exercisc of the jurisdiction so transferred shall, for the purposes of t l ~ c Court Fees Act, 1870, be deemed to have been presented to the Commissioner : and (b! all appeals and ap13lications presented to tlio Judicial Conimissioner in the exercise of tllo jurisdict1ion so traiisferrcd shall, for tlie purposes of tllc Indian Liulitation Act, 1871, be clcciiied to l1a17c h e n 1 I been p~eseiited to him in the exercise of his ordinary jurisdictioiz. `(i).` Appoi~ztntent and ~ e m o v u t `of` Oflcers.

Source: India Code