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Ram Das Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1920All223(2); 59Ind.Cas.34
AppellantRam Das
RespondentEmperor
Excerpt:
criminal procedure code (act x of 1872), section 618, order under, nature of - order made in 1873--disobedience of order in 1920, whether punishable--penal code (act xlv of 1860), section 188. - - i agree also with the district magistrate that the order, being a perfectly well-known one, which has been respected for fifty years, it is peculiarly unfortunate that it should be obstructed now on technical grounds, but we, sitting in the judicial courts, cannot be influenced by these considerations.walsh, j.1. i agree with the views of the sessions judge and direct the conviction for the breach of this order to be set aside and the fine, if paid, to be returned. i agree also with the district magistrate that the order, being a perfectly well-known one, which has been respected for fifty years, it is peculiarly unfortunate that it should be obstructed now on technical grounds, but we, sitting in the judicial courts, cannot be influenced by these considerations. the, obvious remedy is to obtain a fresh order and confirmation of such order by the local government, or a municipal bye-law to be adopted by the municipality about which, as it is a religions question there might be more difficulty. however, i direct a copy of this opinion to be sent to the district magistrate.
Judgment:

Walsh, J.

1. I agree with the views of the sessions Judge and direct the conviction for the breach of this order to be set aside and the fine, if paid, to be returned. I agree also with the District Magistrate that the order, being a perfectly well-known one, which has been respected for fifty years, it is peculiarly unfortunate that it should be obstructed now on technical grounds, but we, sitting in the judicial Courts, cannot be influenced by these considerations. The, obvious remedy is to obtain a fresh order and confirmation of such order by the Local Government, or a Municipal Bye-law to be adopted by the Municipality about which, as it is a religions question there might be more difficulty. However, I direct a copy of this opinion to be sent to the District Magistrate.


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