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Queen-empress Vs. Kutti Ali - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad16
AppellantQueen-empress
RespondentKutti Ali
Excerpt:
local boards act - act v of 1884 (madras), section 87, clause 3--government stores--equipages. - .....we are of opinion that stores and carts belonging to the government jails come within the words 'government stores and equipages' in section 87 of act v of 1884, and are free from tolls under that act.2. the first-class magistrate was, therefore, wrong in discharging the accused on the grounds assigned by him in his judgment.3. we, therefore, direct the said magistrate to restore the case to his file and proceed to dispose of it in accordance with law. the acting government pleader informs us that the object of government in moving the court to interfere in this case is merely to ascertain the law. we are of opinion that, if a conviction is obtained against the accused, a purely nominal fine will suffice, as the sense in which the word 'equipages ' is used in the act is not free from.....
Judgment:
ORDER

1. We are of opinion that stores and carts belonging to the Government jails come within the words 'Government stores and equipages' in Section 87 of Act V of 1884, and are free from tolls under that Act.

2. The First-Class Magistrate was, therefore, wrong in discharging the accused on the grounds assigned by him in his Judgment.

3. We, therefore, direct the said Magistrate to restore the case to his file and proceed to dispose of it in accordance with law. The Acting Government Pleader informs us that the object of Government in moving the Court to interfere in this case is merely to ascertain the law. We are of opinion that, if a conviction is obtained against the accused, a purely nominal fine will suffice, as the sense in which the word 'Equipages ' is used in the Act is not free from doubt and the construction placed upon it by the toll keeper was not an unnatural one or, in our opinion, so far as the records show, dishonest.


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