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Ruppa Balusamy Ayyar and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
Subject Civil
CourtChennai
Decided On
Reported inAIR1929Mad188
AppellantRuppa Balusamy Ayyar and anr.
RespondentEmperor
Excerpt:
- - 1 clearly. this is a contention which should have been raised at an earlier stage, when it could have been determined clearly and easily......act-ed.] there is no doubt that it was sufficient to identify p.w. 1 clearly. nor do i agree with the contention that the distraint of the anda was illegal because p.w. 1 did not seize it with his own hands but directed p.w. 2, his peon, to take it. the fact that section 353, i. p.c. was not mentioned in the complaint is immaterial, as the facts alleged disclosed an offence punishable under that section. the only important point raised is that the anda was not an article which could legally be distrained, as it comes within the classification of tools of an artisan in section 60, civil p.c. this point was not raised in the original or appellate court, and, although an anda is said to be a vessel used in dyeing and the accused are dyers and weavers, it cannot be determined on.....
Judgment:
ORDER

Reilly, J.

1. I do not agree with the contention that the warrant of distraint was illegal because it was not addressed to P.W. 1 by his personal name. It was addressed to him as 'Warrant Officer, 3rd Division,' and, though that is not a title appearing in the Act, [The Act referred is Madras District Municipalities Act-Ed.] there is no doubt that it was sufficient to identify P.W. 1 clearly. Nor do I agree with the contention that the distraint of the anda was illegal because P.W. 1 did not seize it with his own hands but directed P.W. 2, his peon, to take it. The fact that Section 353, I. P.C. was not mentioned in the complaint is immaterial, as the facts alleged disclosed an offence punishable under that section. The only important point raised is that the anda was not an article which could legally be distrained, as it comes within the classification of tools of an artisan in Section 60, Civil P.C. This point was not raised in the original or appellate Court, and, although an anda is said to be a vessel used in dyeing and the accused are dyers and weavers, it cannot be determined on the record now whether this was a vessel in ordinary and regular use or could properly be regarded as one of their tools. This is a contention which should have been raised at an earlier stage, when it could have been determined clearly and easily. I am not prepare to interfere in revision on this account. The petition is dismissed.


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