Skip to content


Bhagirathi Naik Vs. Gangadhar Mahanty - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1900)ILR27Cal992
AppellantBhagirathi Naik
RespondentGangadhar Mahanty
Excerpt:
cattle trespass act (i of 1891), section 22 - illegal seizure of cattle--fine--compensation. - .....the accused do pay the sum of rs. 5 as compensation to the complainant, and do also pay the costs of the case. the order of imprisonment in default of payment of this fine is also illegal and must be set.....
Judgment:

Prinsep, J.

1. The Magistrate, in a case under Section 22 of the Cattle Tress-pass Act, 1891, has fined the petitioner Rs. 10, and the costs of the case, and he has directed that out of this sum Rs. 5 be paid to the complainant. He has also ordered that, in default of payment of the fine, the petitioner do suffer one week's simple imprisonment.

2. The order throughout is bad and not in accordance with the terms of Section 22 of the Cattle Trespass Act. The Magistrate is not competent under that law to pass any sentence of fine. He can only award compensation for an illegal seizure of cattle. In this view we must set aside the order of fine, and direct that, in substitution thereof, the accused do pay the sum of Rs. 5 as compensation to the complainant, and do also pay the costs of the case. The order of imprisonment in default of payment of this fine is also illegal and must be set aside.


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