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In Re: Mukundrai Atmaram Desai - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported inAIR1916Bom122; 37Ind.Cas.489
AppellantIn Re: Mukundrai Atmaram Desai
Excerpt:
jurisdiction - magistrate, sweeping prohibitory order of--closing burial place--omission to record provision of law--ultra vires. - 1. the district magistrate in issuing this sweeping public prohibition has omitted to refer to any provision of law as authorising such an order. we are, therefore, left to guess under what authority he conceived himself to be acting, and upon this reference there is no appearance before us in support of the order. for the reasons given in the careful letter of reference by the sessions judge, mr. taleyar khan, we are of opinion that the order in question is wholly without jurisdiction. we, therefore, set it aside.
Judgment:

1. The District Magistrate in issuing this sweeping public prohibition has omitted to refer to any provision of law as authorising such an order. We are, therefore, left to guess under what authority he conceived himself to be acting, and upon this reference there is no appearance before us in support of the order. For the reasons given in the careful letter of reference by the Sessions Judge, Mr. Taleyar Khan, we are of opinion that the order in question is wholly without jurisdiction. We, therefore, set it aside.


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