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In Re: Narayana Padayachi

Type Court Judgment Court Chennai Decided Oct 18, 1912
~1 min read
https://sooperkanoon.com/case/824047

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Citation
Court
Chennai
Judge
Decided On
Subject
Environment;Criminal

Case Summary

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

Forest Act (Mad. Act V of 1882), Sections 53, 55 - Compounding offence--Payment of compensation during proceedings in Court--Proceedings, lapse of. -

Key legal issue
Environment;Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Narayana Padayachi

Legal References

Reported In
(1914)ILR37Mad280; 25Ind.Cas.1008

Excerpt

forest act (mad. act v of 1882), sections 53, 55 - compounding offence--payment of compensation during proceedings in court--proceedings, lapse of. - ordernapier, j.1. the accused in this case was charged with an offence under section 26 of act v of 1882. this offence is compound-able under section 55 of the act. it is admitted that the accused has paid rs. 2 by way of compensation to the village monegar for the forest authorities.2. section 53 provides that on such payment no farther proceedings shall be taken against such person. this section must mean that proceedings in progress must lapse. that being so, the magistrate had no jurisdiction to convict the accused. i set aside the conviction and order the fine to be refunded.

Full Judgment

ORDER

Napier, J.

1. The accused in this case was charged with an offence under Section 26 of Act V of 1882. This offence is compound-able under Section 55 of the Act. It is Admitted that the accused has paid Rs. 2 by way of compensation to the village monegar for the Forest Authorities.

2. Section 53 provides that on such payment no farther proceedings shall be taken against such person. This section must mean that proceedings in progress must lapse. That being so, the Magistrate had no jurisdiction to convict the accused. I set aside the conviction and order the fine to be refunded.

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Same Parties In Re: Narayana Padayachi vs Same Subject Environment;Criminal Same Judge Napier, J.
Environment;Criminal

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