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Byramji Pudumji Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported inAIR1919Bom28(1); 52Ind.Cas.288
AppellantByramji Pudumji
RespondentEmperor
Excerpt:
.....obey--sentence in respect of future default, legality of. - 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., - it was proved to the satisfaction of the district magistrate on 27th of october 1918 that the owner of a house in the poona cantonment had persisted in failure to carry out an order made under rule 97, and taking the words of rule 107a, he was punishable with a fine not exceeding rs. 5 for every day after the first in regard to which he was..........the provisions of rule 107a. of the cantonment code. it was proved to the satisfaction of the district magistrate on 27th of october 1918 that the owner of a house in the poona cantonment had persisted in failure to carry out an order made under rule 97, and taking the words of rule 107a, he was punishable with a fine not exceeding rs. 5 for every day after the first in regard to which he was convicted of having persisted in the failure. he could, of course, be convicted with having persisted in the failure only as regards the past; he could not be convicted of a failure in regard to the future. a fine of rs. 5 a day, therefore, might have been imposed for the material days up to the 27th of october. but that was not done. the district magistrate, taking, i have no doubt, a sensible.....
Judgment:

Heaton, J.

1. It is urged--and I think correctly urged--that the order made, by the District Magistrate of Poona fining the applicant is, in the form it took, illegal. The order was made under the provisions of Rule 107A. of the Cantonment Code. It was proved to the satisfaction of the District Magistrate on 27th of October 1918 that the owner of a house in the Poona Cantonment had persisted in failure to carry out an order made under Rule 97, and taking the words of Rule 107A, he was punishable with a fine not exceeding Rs. 5 for every day after the first in regard to which he was convicted of having persisted in the failure. He could, of course, be convicted with having persisted in the failure only as regards the past; he could not be convicted of a failure in regard to the future. A fine of Rs. 5 a day, therefore, might have been imposed for the material days up to the 27th of October. But that was not done. The District Magistrate, taking, I have no doubt, a sensible broad view of the affair, came to the conclusion that it was unnecessary to impose a fine for the past failure. But to emphasise the need of obedience to the order previously made, he directed that a fine of Rs. 5 a day should be paid from the 1st of November. That date was in the future, and as the words of the rule show, he was not empowered to make an order as to the future. That part of his order, therefore, is illegal and must be set aside and the fine, if paid, should be refunded.

Shah, J.

2. I agree.


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