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Gobind Balkrlshna Joshi Vs. Pandurang Vinayak Joshi - Court Judgment

LegalCrystal Citation
CourtMumbai
Decided On
Judge
Reported in15Ind.Cas.505
AppellantGobind Balkrlshna Joshi
RespondentPandurang Vinayak Joshi
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 35(1) - small cause suit--suit for injury-assault--threatening to beat with a shoe--suit for compensation. - indian penal code, 1860 [c.a. no. 45/1860].sections 124-a, 153-a, 153-b, 292, 293 & 295a; [f.i. rebello, smt v.k. tahilramani & a.s. oka, jj] declaration as to forfeiture of book held, the power can be exercised only if the government forms opinion that said publication contains matter which is an offence under either of sections 124-a, 153-a, 153-b, 292, 293, 295a of i.p.c., - 1. the action complained of by the plaintiff would be an assault and an offence affecting human body under the penal code.1. the action complained of by the plaintiff would be an assault and an offence affecting human body under the penal code. it also would be an assault under the english law : see stephens v. myers 4 car & p. 349 : 34 r.r. 811. we think also that it was an injury to the person within (he meaning of clause 35, sub-clause (i) of the second schedule of the provincial small cause courts act, and the suit was, therefore, not within the cognizance of the small cause court.2. we set aside the decree of the first class subordinate judge and remand the case for trial to him.3. rule made absolute.4. costs costs in the cause.
Judgment:

1. The action complained of by the plaintiff would be an assault and an offence affecting human body under the Penal Code. It also would be an assault under the English law : see Stephens v. Myers 4 Car & P. 349 : 34 R.R. 811. We think also that it was an injury to the person within (he meaning of Clause 35, Sub-clause (i) of the second Schedule of the Provincial Small Cause Courts Act, and the suit was, therefore, not within the cognizance of the Small Cause Court.

2. We set aside the decree of the first class Subordinate Judge and remand the case for trial to him.

3. Rule made absolute.

4. Costs costs in the cause.


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