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Queen-empress Vs. Tiruvengada Mudali - Court Judgment

LegalCrystal Citation
SubjectService
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad428
AppellantQueen-empress
RespondentTiruvengada Mudali
Excerpt:
local boards act (madras) - act v of 1884, section 43--public servant--sanitary inspector. - 1. we consider that the words 'to whom the collection, &c;, is entrusted' govern only the words 'contractor or agent' immediately preceding them. the introduction of the distributive word 'every' before 'contractor or agent' shows that the intention of the legislature was to separate or distinguish these persons from the previous class of persons, viz., members and servants of the board.2. we, therefore, hold that the sanitary inspector appointed by the local board is a public servant within the meaning of section 43 of the local boards act v of 1884.3. the orders of acquittal are accordingly set aside, and the magistrate will replace the cases on his file and dispose of them on the merits.
Judgment:

1. We consider that the words 'to whom the collection, &c;, is entrusted' govern only the words 'contractor or agent' immediately preceding them. The introduction of the distributive word 'every' before 'contractor or agent' shows that the intention of the Legislature was to separate or distinguish these persons from the previous class of persons, viz., members and servants of the board.

2. We, therefore, hold that the Sanitary Inspector appointed by the local board is a public servant within the meaning of Section 43 of the Local Boards Act V of 1884.

3. The orders of acquittal are accordingly set aside, and the Magistrate will replace the cases on his file and dispose of them on the merits.


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