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Rama Nath Pandit Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in9Ind.Cas.360
AppellantRama Nath Pandit
RespondentEmperor
Cases ReferredAjodhya Nath Koila v. Raj Kristo Bhar
Excerpt:
bengal embankment act (ii b.c. of 1882), section 76 clauses (a) and (b) - making addition to existing embankment--sanction of collector--proviso. - .....notification no. 77 dated 11th march 1910. it is, therefore, clear that no addition can be made to the existing embankment without the permission of the collector.2. it is sought to be argued that the ruling in goverdhan sinha v. queen-empress 11 c. 570 has not been overruled by the full bench case in ajodhya nath koila v. raj kristo bhar 30 c. 481. but it is clear from the terms of the reference that that ruling has been distinctly and clearly overruled as far as the interpretations of the words existing embankments' in both the clauses (6) and (a) are concerned. if, as the full bench held, the words 'existing embankments' in clause (a) mean embankments existing at the time that the addition is made, then a fortiori the words 'existing embankments' in clause (b) must have the same.....
Judgment:

1. From the wording of the Rule it appears that it was issued under a misapprehension that Section 76(a) applies. We find from the explanation of the District Magistrate that the case is tinder Section 76(b) and the embankment is within the limits of the tract included in the notice under Section 6, which is Bengal Government Notification No. 77 dated 11th March 1910. It is, therefore, clear that no addition can be made to the existing embankment without the permission of the Collector.

2. It is sought to be argued that the ruling in Goverdhan Sinha v. Queen-Empress 11 C. 570 has not been overruled by the Full Bench case in Ajodhya Nath Koila v. Raj Kristo Bhar 30 C. 481. But it is clear from the terms of the reference that that ruling has been distinctly and clearly overruled as far as the interpretations of the words existing embankments' in both the Clauses (6) and (a) are concerned. If, as the Full Bench held, the words 'existing embankments' in Clause (a) mean embankments existing at the time that the addition is made, then a fortiori the words 'existing embankments' in Clause (b) must have the same interpretation, inasmuch as there is no such proviso attached to Clause (6) as is attached to Clause (a). The only offence constituted by Clause (6) is that of omitting to obtain sanction, of the Collector to making any addition to an existing embankment within the prohibitory area. We must, therefore, hold that the conviction and sentence in this case are correct and the Rule must be discharged.


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