Skip to content


K. Chandra Mauliah Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.329
AppellantK. Chandra Mauliah
RespondentEmperor
Excerpt:
madras local boards act (v of 1884), section 162b(2) - enquiry. - orderwallis, j.1. i think the lower courts have erred in treating the question whether the erection is on a public road or not as immaterial. the notice was given under section 98, as is expressly stated therein. that section only applies to obstructions and encroachments on any public road and under the definition of street, a public road only extends up to the boundaries of the adjacent property. i set aside the conviction and direct a re-trial.
Judgment:
ORDER

Wallis, J.

1. I think the lower Courts have erred in treating the question whether the erection is on a public road or not as immaterial. The notice was given under Section 98, as is expressly stated therein. That section only applies to obstructions and encroachments on any public road and under the definition of street, a public road only extends up to the boundaries of the adjacent property. I set aside the conviction and direct a re-trial.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //