Skip to content


Emperor Vs. Piari Lal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1917)ILR39All309
AppellantEmperor
RespondentPiari Lal
Excerpt:
.....will be of the level of the state board or the divisional board. the boards referred to in the definition of the word recognised means the boards which deal with education at levels other than that of the level at which primary schools are operating. thus for being recognised, the school has to be recognised by the board and therefore, it has to be operating at a higher level i.e., secondary level. section 2(21) of the act defines the term recognised. the last clause therein is by any of such boards. the term such is defined in oxford dictionary as of the kind or degree indicated or implied by the context. therefore, the term such board will have to mean a divisional board of or the level of divisional board or the state board. the divisional board holds the examination and issues..........in the act above mentioned. in section 2, clause (11), of the act a definition is given of the word 'occupier' and we are told that it includes an owner in actual occupation of his own land or building. piari lal certainly cannot come under this meaning of the word 'occupier.' the definition, however, is not exhaustive, and it remains to be seen whether this word cannot be properly held to include a person holding the position of piari lal. no definition from any legal dictionary has been placed before me, and i have had to resort to the meaning of the word as ordinarily used in the english language. for this perhaps mr. murray is the bust authority, and on consulting his find that 'occupier' is a person who takes or holds or is in actual possession of a piece of property such as.....
Judgment:

George Knox, J.

1. One Piari Lal has been convicted of an offence under Section 274 of the United Provinces Municipalities Act of 1916 and sentenced to pay a fine of Rs. 20. He has applied to this Court in revision and contends that he is not an occupier of the building from which rubbish has been thrown into one of the streets of Muttra. The District Magistrate who upheld the order of the trying magistrate, in his judgement says 'it is clear to me from the evidence on this file and connected municipal files that the late adhikari held Piari Lal responsible for the upkeep and cleanliness of the temple and all work connected with it.' This, in my opinion, does not bring Piari Lal within the term 'occupier' as used in the Act above mentioned. In Section 2, Clause (11), of the Act a definition is given of the word 'occupier' and we are told that it includes an owner in actual occupation of his own land or building. Piari Lal certainly cannot come under this meaning of the word 'occupier.' The definition, however, is not exhaustive, and it remains to be seen whether this word cannot be properly held to include a person holding the position of Piari Lal. No definition from any legal dictionary has been placed before me, and I have had to resort to the meaning of the word as ordinarily used in the English language. For this perhaps Mr. Murray is the bust authority, and on consulting his find that 'occupier' is a person who takes or holds or is in actual possession of a piece of property such as house or land. This is the only meaning of the several meanings given in the dictionary which can in any way be applied to the present case. Even if the word 'occupier' could beheld to cover Piari Lal because he is responsible for the upkeep and cleanliness of the temple and all work connected with it, all that we have on the record is that the late adhikari held Piari Lal responsible for this. There is a present adhikari named Chhagan Lal. There is nothing in the judgement to show that Chhagan Lal holds Piari Lal responsible for these several works. I am not satisfied that Piari Lal can in any sense be considered to be the 'occupier' of this temple. The Municipal Act; is a penal Act and must be strictly construed in favour of the subject. The offence of which Piari Lal has been 'convicted is not established by the evidence. I set aside the conviction and order passed under Section 274 of the Municipalities Act. The fine, if paid, will be refunded.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //