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Emperor Vs. Wazir Ahmad - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1902)ILR24All309
AppellantEmperor
RespondentWazir Ahmad
Excerpt:
.....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 certificates after 10th and 12th standard examinations. the state board advises the state government on policy matters, ensures uniform pattern of secondary and higher secondary education, lays down principles for determining syllabi, prescribes text books, etc. the.....blair, j.1. the order for payment of so much fine per day so long us the building continues to stand is illegal. the addition of such an order is premature. there must be proof of a continuing offence before the jurisdiction of a magistrate to make such an order arises. that portion, therefore, of the order will be set aside. i am supported in this view by the decision of the calcutta high court in ram krishna biswas v. mohendra nath mozamdar (1900) i.l.r. 27 calc. 565.
Judgment:

Blair, J.

1. The order for payment of so much fine per day so long us the building continues to stand is illegal. The addition of such an order is premature. There must be proof of a continuing offence before the jurisdiction of a Magistrate to make such an order arises. That portion, therefore, of the order will be set aside. I am supported in this view by the decision of the Calcutta High Court in Ram Krishna Biswas v. Mohendra Nath Mozamdar (1900) I.L.R. 27 Calc. 565.


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