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Report No. 60

3.29. Question of persona designata in relation to District Judge.-

The question, therefore, usually arises whether a statutory provision which confers powers on a "District Judge" refers to the District Judge as a persona designata, or, whether it refers to him as the presiding officer of the court. In the latter case, the usual provisions applicable to the district court apply. According to Osborn's Concise Law Dictionary,1-2 a persona designata is "a person who is pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character." When a special or local law provides for an adjudication to be made by a constituted Court-that is, by a Court not created by a special or local law, but to an existing Court-the special or local law, in fact generally enlarges the ordinary jurisdiction of such a court.3

Thus, where a special or local statute refers to a constituted court as a court, and does not refer to the presiding officer of that court, then the reference cannot be said to be a persona designata. But the reverse proposition4' that where the reference is to the presiding officer of a court, it is intended to be taken as referring to him as a persona designata and not as a court, may or may not be true.

1. Osborn Concise Law Dictionary, 4th Edn.

2. Ram Chandra Aggarwal v. State of Uttar Pradesh, AIR 1966 SC 1888.

3. Ram Chandra Aggarwal v. State of Uttar Pradesh, AIR 1966 SC 1888.

4. See Bimla Rani v. B.M. Finance, AIR 1972 All 242 (245).

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