Queen-empress Vs. Subramanian and ors.

Queen-empress vs Subramanian and ors.

Type Court Judgment Court Chennai Decided Sep 11, 1896

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Citation: sooperkanoon.com/776239
Court: Chennai
Judge: Subramania Ayyar and ;Davies, JJ.
Decided On: Sep 11, 1896
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Penal Code, Section 188 - Local Boards Act--Act of 1884 (Madras), Sections 98, 100--Disobedience to notice. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Subramanian and ors.

Legal References

Reported In: (1897)ILR20Mad1

Excerpt

penal code, section 188 - local boards act--act of 1884 (madras), sections 98, 100--disobedience to notice. - order1. reading sections 98 and 100 of the local boards act (v of 1884) together, it is clear that the notice prescribed by the former section is a mere preliminary to the action to be taken by the president himself and not by the party under the latter section. the notice in question is, therefore, merely a notice and not an order of the kind contemplated in section 188 of the penal code.2. we accordingly agree with the district magistrate that the convictions were wrong and set them aside and direct that the fines, if paid, be refunded

Full Judgment

ORDER

1. Reading Sections 98 and 100 of the Local Boards Act (V of 1884) together, it is clear that the notice prescribed by the former Section is a mere preliminary to the action to be taken by the president himself and not by the party under the latter Section. The notice in question is, therefore, merely a notice and not an order of the kind contemplated in Section 188 of the Penal Code.

2. We accordingly agree with the District Magistrate that the convictions were wrong and set them aside and direct that the fines, if paid, be refunded

Same Parties Queen-empress vs Subramanian and ors. Same Subject Criminal Same Judge Subramania Ayyar and ;Davies, JJ.

Criminal