The word “Judge” denotes not only every person who is officially designated as a Judge, but also every person.
who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive, or
who is one of a body or persons, which body of persons is empowered by law to give such a judgment.
Illustrations
(a) A Collector exercising jurisdiction in a suit under Act 10 of 1859 is a Judge.
(b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appear, is a Judge.
(c) A member of a panchayat which has power, under 1Regulation VII, 1816, of the Madras Code, to try and determine suits, is a Judge.
(d) A Magistrate exercising jurisdiction in respect of a charge on which he has power only to commit for trial to another Court, is not a Judge.
Footnotes in the official text
- 1.Rep. by the Madras Civil Courts Act, 1873 (3 of 1873).