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In Re: Dalsukhram Hurgovandas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberCriminal Application for Revision Nos. 251 and 257 of 1907
Judge
Reported in(1907)9BOMLR1347
AppellantIn Re: Dalsukhram Hurgovandas
Excerpt:
bombay district municipal act (bom. act iii of 1901) section 86-recovery of municipal claims-notice of demand-appeal-magistrate-high court-revision-criminal procedure code (act v of 1898), section 435.;under section 86 of the bombay district municipal act, 1901, a magistrate hearing an appeal of the kind mentioned in the section ib merely an appellate authority having jurisdiction given by the act to deal with the question of a civil liability. heis, therefore, not an inferioricriminal court, to which alone the revisional jurisdiction of the high court applies under section 435 of the criminal procedure code, 1898. - 1. we think that the objection raised by the learned government pleader in showing cause against this rule is sound and must be allowed. under section 86 of the district municipal act, a magistrate hearing an appeal of the kind mentioned in the section is merely an appellate authority having jurisdiction given by the act to deal with the question of a civil liability. he is therefore not 'an inferior criminal court' to which alone our revisional jurisdiction under section 435 applies. for these reasons we must discharge the rule in both the applications.
Judgment:

1. We think that the objection raised by the learned Government Pleader in showing cause against this rule is sound and must be allowed. Under Section 86 of the District Municipal Act, a Magistrate hearing an appeal of the kind mentioned in the section is merely an appellate authority having jurisdiction given by the Act to deal with the question of a civil liability. He is therefore not 'an inferior Criminal Court' to which alone our revisional jurisdiction under Section 435 applies. For these reasons we must discharge the rule in both the applications.


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