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Putikaharini Vs. Vice-chairman of the Vishnupur Municipality - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in38Ind.Cas.336
AppellantPutikaharini
RespondentVice-chairman of the Vishnupur Municipality
Excerpt:
bengal municipal act (iii b.c. of 1884), section 315 conviction under, elements necessary for. - 1. in this case before there could be a conviction under section 345 of the bengal municipal act (iii of 1884), the prosecution would have to prove that the magistrate on an application of the commissioners had ordered the land to be closed as a market-place and had taken order o prevent such land being so used. this, it is conceded for the municipality, was not shown in this case. the conviction and sentence passed on the petitioner must be set aside and the fine, if paid, will be refunded.
Judgment:

1. In this case before there could be a conviction under Section 345 of the Bengal Municipal Act (III of 1884), the prosecution would have to prove that the Magistrate on an application of the Commissioners had ordered the land to be closed as a market-place and had taken order o prevent such land being so used. This, it is conceded for the Municipality, was not shown in this case. The conviction and sentence passed on the petitioner must be set aside and the fine, if paid, will be refunded.


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