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Empress Vs. Bhagvan Bhivsan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom379
AppellantEmpress
RespondentBhagvan Bhivsan
Excerpt:
act xiii of 1859 - breach of contract by artificers, workmen and labourers--service for agricultural and other purposes. - 1. act xiii of 1859 is not intended to apply to a contract of service such as that which the accused entered into, in this case. he stipulated that, in consideration of receiving rs. 45, he bound himself to render service for agricultural and other purposes for the period of one year. the order of the first class magistrate is, therefore, reversed; and, if the rs. 20 has already been paid to the complainant the court directs that it should be paid back to the accused.
Judgment:

1. Act XIII of 1859 is not intended to apply to a contract of service such as that which the accused entered into, in this case. He stipulated that, in consideration of receiving Rs. 45, he bound himself to render service for agricultural and other purposes for the period of one year. The order of the First Class Magistrate is, therefore, reversed; and, if the Rs. 20 has already been paid to the complainant the Court directs that it should be paid back to the accused.


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