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The Municipal Commissioners of Mangalore Vs. J.A. Davies - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad65
AppellantThe Municipal Commissioners of Mangalore
RespondentJ.A. Davies
Excerpt:
towns improvement act, 1871 (madras), sections 27, 61, 62 - quod fieri non debet factum valet. - charles a. turner, kt., c.j.1. although the vice-president should not have revised the assessment list and included mr. davies, for no emergency is shown which justified it, we cannot say that the revision was a nullity.2. the maxim, quod fieri non debet factum valet, applies to such a case. mr. davies cannot rely on the insufficiency of the notice of assessment as an answer to the charge. setting aside the acquittal, we order a new trial.
Judgment:

Charles A. Turner, Kt., C.J.

1. Although the Vice-President should not have revised the assessment list and included Mr. Davies, for no emergency is shown which justified it, we cannot say that the revision was a nullity.

2. The maxim, Quod fieri non debet factum valet, applies to such a case. Mr. Davies cannot rely on the insufficiency of the notice of assessment as an answer to the charge. Setting aside the acquittal, we order a new trial.


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