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Jagadish Chandra Bose Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in66Ind.Cas.67
AppellantJagadish Chandra Bose
RespondentEmperor
Excerpt:
police act (v of 1861), section 29 - overstaying leave by police officer--reasonable cause. - .....had deposited his savings. he had to wait here for the director's meeting which was put off from time to time and he accordingly applied for an extension of his leave. he was asked to submit a medical certificate. he represented that he was not ill out was detained in calcutta for the business mentioned above. he was then sailed upon to join his appointment, and went back.3. he had to settle his affairs in the bank at a considerable sacrifice. it is stated that he had rs. 2,000 due to him and he had to settle it for rs. 1,100. for a person in his position it wad, no doubt, a great hardship.4. the question is, whether the petitioner had reasonable cause for overstaying his leave.5. without laying down what constitute reasonable cause under section 29 of the act, it cannot be said that.....
Judgment:

1. The petitioner---a writer constable at Darjeeling---was convicted under Section 29 of the Police Act (V of 1851).

2. He obtained leave for six months and it is said that a year's leave was due to him, After the expiry of the period of his leave, be applied for an extension. He same down to Calcutta to get money from a Bank in which he had deposited his savings. He had to wait here for the Director's meeting which was put off from time to time and he accordingly applied for an extension of his leave. He was asked to submit a medical certificate. He represented that he was not ill out was detained in Calcutta for the business mentioned above. He was then sailed upon to join his appointment, and went back.

3. He had to settle his affairs in the Bank at a considerable sacrifice. It is stated that he had Rs. 2,000 due to him and he had to settle it for Rs. 1,100. For a person in his position it wad, no doubt, a great hardship.

4. The question is, whether the petitioner had reasonable cause for overstaying his leave.

5. Without laying down what constitute reasonable cause under Section 29 of the Act, it cannot be said that in this case the petitioner failed without reasonable cause to report himself to duty on the expiration of his leave.

6. In these circumstances, we think that the conviction of the petitioner under Section 29 of the Police Act and the sentence passed upon him must accordingly be set aside. The petitioner will be discharged from his bail-bond.


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