Skip to content


Emperor Vs. Kadhu Singh and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1902)ILR24All298
AppellantEmperor
RespondentKadhu Singh and ors.
Excerpt:
.....working in schools which are established and administered by the cantonment board. [deolali cantonment board v usha devidas dongre, 1993 mah.lj 74; 1993 lab ic 1858 overruled]. - they knew very well that there was a probability that they would be met by force......knew very well that there was a probability that they would be met by force. they cut down one tree in dispute, then they proceeded to cut down another. from the point of view of their opponents they were doing an act either of theft or mischief. in doing so they knew what they had to expect. they went prepared to fight, and they did fight. they have been punished, and rightly punished too. it is not a case where a man has been in actual exclusive possession of the land, in which case the presumptions of law are all in his favour; there is no such possession in this case. the petition is dismissed.
Judgment:

Blair, J.

1. I do not see any reason to interfere. It is one of those cases arising out of one of those wretched little village squabbles, which should be disposed of by the Magistrate, but which both parties prefer to dispose of by lathis. These present applicants went prepared for a fight. They knew that there were other persons who claimed right and title in these trees. They thought to steal a march on them. They knew very well that there was a probability that they would be met by force. They cut down one tree in dispute, then they proceeded to cut down another. From the point of view of their opponents they were doing an act either of theft or mischief. In doing so they knew what they had to expect. They went prepared to fight, and they did fight. They have been punished, and rightly punished too. It is not a case where a man has been in actual exclusive possession of the land, in which case the presumptions of law are all in his favour; there is no such possession in this case. The petition is dismissed.


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