Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

The Public Prosecutor Vs. Ramayya Mudaliar and ors.

The Public Prosecutor vs Ramayya Mudaliar and ors.

Type Court Judgment Court Chennai Decided Feb 02, 1928
~1 min read
https://sooperkanoon.com/case/776728

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Chennai
Decided On
Subject
Civil

Case Summary

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

- - The authority should naturally be produced with the complaint, so that the Court may be satisfied of the authorisation, which alone gives it power to entertain the complaints.

Key legal issue
Civil

Parties & Advocates

Appellant / Petitioner

The Public Prosecutor

Respondent

Ramayya Mudaliar and ors.

Legal References

Reported In
(1928)55MLJ573

Excerpt

- - the authority should naturally be produced with the complaint, so that the court may be satisfied of the authorisation, which alone gives it power to entertain the complaints.orderwallace, j.1. the public prosecutor does not press these appeals except to elicit from this court an expression of opinion as to the propriety of the proposition of the lower court that section 223 of the madras local boards act, 1920, must be read as limited by section 24. i am clear that the persons who can be expressly authorised under section 223 to file complaints are not confined to those to whom the president may delegate his authority under section 24. had that been the intention, i think section 223 would have read 'expressly authorised under section 24.' the proper procedure, i take to be this. the union sanctions the prosecution and the president of the union board then expressly authorises some person, usually some responsible subordinate, to file the complaint. the authority should naturally be produced with the complaint, so that the court may be satisfied of the authorisation, which alone gives it power to entertain the complaints. with these remarks the appeals are dismissed.

Full Judgment

ORDER

Wallace, J.

1. The Public Prosecutor does not press these appeals except to elicit from this Court an expression of opinion as to the propriety of the proposition of the Lower Court that Section 223 of the Madras Local Boards Act, 1920, must be read as limited by Section 24. I am clear that the persons who can be expressly authorised under Section 223 to file complaints are not confined to those to whom the President may delegate his authority under Section 24. Had that been the intention, I think Section 223 would have read 'expressly authorised under Section 24.' The proper procedure, I take to be this. The Union sanctions the prosecution and the President of the Union Board then expressly authorises some person, usually some responsible subordinate, to file the complaint. The authority should naturally be produced with the complaint, so that the Court may be satisfied of the authorisation, which alone gives it power to entertain the complaints. With these remarks the appeals are dismissed.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial