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Chatter Lal and ors. Vs. Thacoor Pershad - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1891)ILR18Cal518
AppellantChatter Lal and ors.
RespondentThacoor Pershad
Excerpt:
penal code (act xlv of 1860), section 186 - public servant--ameen appointed under bengal tenancy act (viii of 1885), section 69--bengal.tenancy act, section 89. - petheram, c.j. and beverley, j.1. the only real question in this case is whether a person nominated by a collector under section 69 of the bengal tenancy act; for the purpose of making a division of crops between the landlord and the tenant is a public servant within the meaning of the penal code. we think that he is not. he does not fulfil any of the characteristics of a public servant as defined by the law. his mere office is to go down on the nomination of the collector and appraise and make a division of the crops as between two private persons who are to pay him (or his services. under these circumstances, we think that this conviction should not be sustained, and this rule should be made absolute to set it aside.
Judgment:

Petheram, C.J. and Beverley, J.

1. The only real question in this case is whether a person nominated by a Collector under Section 69 of the Bengal Tenancy Act; for the purpose of making a division of crops between the landlord and the tenant is a public servant within the meaning of the Penal Code. We think that he is not. He does not fulfil any of the characteristics of a public servant as defined by the law. His mere office is to go down on the nomination of the Collector and appraise and make a division of the crops as between two private persons who are to pay him (or his services. Under these circumstances, we think that this conviction should not be sustained, and this rule should be made absolute to set it aside.


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