Court : Mumbai
Reported in : (1941)43BOMLR475
John Beaumont, C.J.1. In this appeal a preliminary objection was taken that the memorandum of appeal was insufficiently stamped, and the Court upheld that objection, and, acting under the power conferred by Section 149 of the Civil Procedure Code, 1908, gave the appellant three weeks' time in which to pay the proper amount of court-fee. He has not done so, and the appeal comes before us today for disposal.2. The correct court-fee not having been paid, it is quite clear that under Section 4 of the Court-fees Act, and also under Order VII, Rule 11 read with Section 107 of the Civil Procedure Code, we are bound to order that the memorandum of appeal be rejected.3. The first question which arises is whether we can, in making that order, direct the appellant to pay the costs of the hearing of the preliminary objection. Logically it seems to me rather difficult to reject an appeal, and then proceed to make an order for costs in the appeal; but at the same' time orders for costs are frequentl...
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR511
John Beaumont, Kt., C.J.1. This is an application by Government to enhance the sentence passed upon the accused.2. On August 14, 1940, the Commissioner of Police made an order for externment of the accused under Section 27(2A) of the City of Bombay Police Act. The order was duly served on the accused, and on August 16, he was given a ticket for the place to which he was going and was seen out of Bombay. But on September 23 he was found to have returned to Bombay and was accordingly arrested and put up before the learned Magistrate, Fourth Court, on a charge under Section 128 of the City of Bombay Police Act, 1902. That section provides that--Whoever, within two years from the date of his removal under the provisions of Section 27 ... enters the City of Bombay, without the permission in writing of the Commissioner of Police, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.3. The learned Magistrate convicted the accused, who had plea...
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