In Re: the Matter of the Petition of Prayag Singh and ors. and Vs. Prayag Singh

In Re: the Matter of the Petition of Prayag Singh and ors. and ;The Empress vs Prayag Singh

Type Court Judgment Court Kolkata Decided Jul 19, 1882

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Citation: sooperkanoon.com/868573
Court: Kolkata
Judge: Wilson and ;O'Kinealy, JJ.
Decided On: Jul 19, 1882
Subject: Criminal

Case Summary

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

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

In Re: the Matter of the Petition of Prayag Singh and ors. and ;The Empress

Respondent

Prayag Singh

Legal References

Reported In: (1883)ILR9Cal103

Excerpt

- wilson, j.1. the order of the assistant magistrate must be set aside as made without jurisdiction. the order under section 518 can only be made when it is necessary to prevent obstruction, annoyance or injury to the person or injury to human life, health, or safety or a riot or affray. such an order cannot be made merely for the protection of property.2. in the present case, taking the assistant magistrate's finding at the highest, it cannot amount to more than this, that the bund in question diminishes the supply of water to the land lying at a lower level.

Full Judgment

Wilson, J.

1. The order of the Assistant Magistrate must be set aside as made without jurisdiction. The order under Section 518 can only be made when it is necessary to prevent obstruction, annoyance or injury to the person or injury to human life, health, or safety or a riot or affray. Such an order cannot be made merely for the protection of property.

2. In the present case, taking the Assistant Magistrate's finding at the highest, it cannot amount to more than this, that the bund in question diminishes the supply of water to the land lying at a lower level.

Same Parties In Re: the Matter of the Petition of Prayag Singh and ors. an... Same Subject Criminal Same Judge Wilson and ;O'Kinealy, JJ.

Criminal