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The Public Prosecutor Vs. Mahomed Sheriff Saheb and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1919)36MLJ27
AppellantThe Public Prosecutor
RespondentMahomed Sheriff Saheb and ors.
Cases ReferredQueen Empress v. Ayyakannu Mudaliar I.L.R.
Excerpt:
- - 408 of 1902 reported in 1 weir 737, is clearly applicable, the principle involved in that decision being, in our opinion the same as that on which queen empress v......737, is clearly applicable, the principle involved in that decision being, in our opinion the same as that on which queen empress v. ayyakannu mudaliar i.l.r. (1898) m. 298 was decided. whether it is a single horse or more than one horse kept for hire in a stable, we think that the stable is a livery-stable.--(see also the definition of 'livery' 'horse' in murray's new english dictionary).3. we therefore set aside the acquittals in this case and in the connected cases, convict the accused under clause (1) of section 188 of the district municipalities act and fine the accused each 8 annas.
Judgment:

1. The Bench Magistrates are, no doubt, right in saying that according to Queen Empress v. Ayyahannu Mudaliar I.L.R. (1898) M. 298 the several words, used in Clause (1)(1) of Section 188 of the District Municipalities Act ' should be reasonably construed. ' But the reasonable construction indicated in the decision is that if the element of letting out on hire is involved in the use of the places indicated by the words, the legislature intended that such places should fall under the section and a license ought to be taken out for keeping such a place and the omission to take out a license should be punished.

2. The decision in The Public Prosecutor v. Maduvoaluth Gopal Cr. Appeal No. 408 of 1902 reported in 1 Weir 737, is clearly applicable, the principle involved in that decision being, in our opinion the same as that on which Queen Empress v. Ayyakannu Mudaliar I.L.R. (1898) M. 298 was decided. Whether it is a single horse or more than one horse kept for hire in a stable, we think that the stable is a livery-stable.--(See also the definition of 'livery' 'horse' in Murray's New English Dictionary).

3. We therefore set aside the acquittals in this case and in the connected cases, convict the accused under Clause (1) of Section 188 of the District Municipalities Act and fine the accused each 8 annas.


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