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Queen-empress Vs. Subramanian and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad1
AppellantQueen-empress
RespondentSubramanian and ors.
Excerpt:
penal code, section 188 - local boards act--act of 1884 (madras), sections 98, 100--disobedience to notice. - order1. reading sections 98 and 100 of the local boards act (v of 1884) together, it is clear that the notice prescribed by the former section is a mere preliminary to the action to be taken by the president himself and not by the party under the latter section. the notice in question is, therefore, merely a notice and not an order of the kind contemplated in section 188 of the penal code.2. we accordingly agree with the district magistrate that the convictions were wrong and set them aside and direct that the fines, if paid, be refunded
Judgment:
ORDER

1. Reading Sections 98 and 100 of the Local Boards Act (V of 1884) together, it is clear that the notice prescribed by the former Section is a mere preliminary to the action to be taken by the president himself and not by the party under the latter Section. The notice in question is, therefore, merely a notice and not an order of the kind contemplated in Section 188 of the Penal Code.

2. We accordingly agree with the District Magistrate that the convictions were wrong and set them aside and direct that the fines, if paid, be refunded


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