Guwahati Court November 1961 Judgments

ibrahim Mahaldar Vs. Fatechand Saraogi and ors.

Court: Guwahati

G. Mehrotra, C.J.This is an appeal on behalf of the complainant against an order of acquittal passed by the Magistrate. The respondents were all prosecuted under Section 26 of the Northern India Ferries Act. The case set out in the complaint is that the complainant is the lessee of Kharupatia BhuragaOn Perry for five years from 1957 to 1982 at Rs. 57,500/-. The complainant is the Mahaldar of the said ferry, Fatechand Saraogi respondent No. 1 is a businessman of Kharupatia and the other respondents are boat-men. The respondents other than Fatechand Saraogi were plying their boats in the prohibited area of the complainant's ferry. The case was instituted against them which was compromised. Thereafter the complainant states that they were plying their boats without paying the toils and without the permission of the Mahaldar within the Jurisdiction of the complainant's Kharupetia Bhuragaon. Parghat. On the date of occurrence they refused to pay the tolls for carrying goods in the private ...