Mumbai Court February 1934 Judgments

Emperor Vs. Bastiao Andradez

Court: Mumbai

Reported in: AIR1934Bom213; (1934)36BOMLR430

John Beaumont, Kt., C.J.1. This is an application in revision in which the accused complains of his conviction under Sections 123 and 193 of the Bombay Municipal Boroughs Act, 1925. On January 19, 1933, an application was made to the Municipality of Thana for leave to make alterations and additions in the house belonging to the applicant. The application was made by the mortgagee of the house, but nothing, I think, turns on any distinction between the mortgagor and the mortgagee, and I will treat them both as coming within the description of the applicant. On February 8 the applicant was told not to begin the repairs until permission had been granted, and on February 17 the Chief Officer replied to the application by saying that the house was in a dilapidated condition, and that the applicant should pull it down, and then apply for re-building, and on the same day formal notice was served on the applicant, purporting to be under Section 149 of the Act, requiring the applicant to pull d...