Queen-empress Vs. Krishtnayyan

Queen-empress vs Krishtnayyan

Type Court Judgment Court Chennai Decided Oct 08, 1891

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Citation: sooperkanoon.com/787526
Court: Chennai
Judge: Arthur J.H. Collins, Kt., C.J. and ;Wilkinson, J.
Decided On: Oct 08, 1891
Subject: Property

Case Summary

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

Forest Act - Act V of 1882 (Madras), Section 21(d)--Grazing cattle in a forest reserve. -

Key legal issue: Property

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Krishtnayyan

Legal References

Reported In: (1892)ILR15Mad156

Excerpt

forest act - act v of 1882 (madras), section 21(d)--grazing cattle in a forest reserve. - 1. to sustain a conviction under section 21 (d) of the forest act there must be some evidence either that defendant pastured the cattle or permitted them to trespass in the reserved forest. in the present case all that the prosecution proved was that defendant's cattle were found in a reserve. such cattle may be impounded, but the owner cannot be held liable unless some overt act of his be proved. we set aside the conviction and sentence and direct that fine be repaid.

Full Judgment

1. To sustain a conviction under Section 21 (d) of the Forest Act there must be some evidence either that defendant pastured the cattle or permitted them to trespass in the reserved forest. In the present case all that the prosecution proved was that defendant's cattle were found in a reserve. Such cattle may be impounded, but the owner cannot be held liable unless some overt act of his be proved. We set aside the conviction and sentence and direct that fine be repaid.

Same Parties Queen-empress vs Krishtnayyan Same Subject Property Same Judge Arthur J.H. Collins, Kt., C.J. and ;Wilkinson, J.

Property overt act set aside