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In Re: Municipal Committee of Dacca and Vs. Someer - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1883)ILR9Cal38
AppellantIn Re: Municipal Committee of Dacca and ;The Municipal Committee of Dacca
bench of magistrates, power of - beng. act v of 1876, sections 180, 215 and 216--omission to remove obstruction. - .....not an order which he was bound to obey, as being an order beyond the magistrate's power and.....

Prinsep, J.

1. We are of opinion that the Bench of Magistrates had jurisdiction, in a prosecution under Section 216, Beng. Act V of 1876, to determine whether the order which had not been carried out was a proper order,--that is to say, in the present case, whether there had been any encroachment on the road which the accused was bound to remove on the order of a Municipal authority. It has been held, in an analogous case under Section 518 of the Code of Criminal Procedure, that, when prosecuted under Section 188, Penal Code, for neglecting to carry out an order of a Magistrate to remove a nuisance, that although that order, if properly made, cannot be questioned in any Court, the accused can, when prosecuted for disobedience of it, claim exemption from its operation on the ground that it was not an order which he was bound to obey, as being an order beyond the Magistrate's power and jurisdiction.

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