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Neaz Vs. Monsor and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal175
AppellantNeaz
RespondentMonsor and anr.
Excerpt:
cattle trespass (act i of 1871), section 22 - joint fine--fine and compensation. - order1. in this case we are of opinion that under section 22 of act i of 1871 the order made by the deputy magistrate was a legal order. the matter in which that order was made was not a regular criminal proceeding, but a quasi-civil proceeding, in which a magistrate is authorized to assess and enforce in a summary manner compensation for an injury for which a civil action might be brought, under these circumstances we think that, in the present ease, the so-called accused are jointly and severally liable for the compensation and costs awarded, and we see no reason to interfere.
Judgment:
ORDER

1. In this case we are of opinion that under Section 22 of Act I of 1871 the order made by the Deputy Magistrate was a legal order. The matter in which that order was made was not a regular criminal proceeding, but a quasi-civil proceeding, in which a Magistrate is authorized to assess and enforce in a summary manner compensation for an injury for which a civil action might be brought, Under these circumstances we think that, in the present ease, the so-called accused are jointly and severally liable for the compensation and costs awarded, and we see no reason to interfere.


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