Law:

Section:

Keywords: Establishment, Recovery, Office, Payment Of Rent, Delay, Illegal, Acceptance, Magistrate, Prevention, Appeal Against Acquittal, Rent, Government, Procedure, Payment, Evidence, Bribery, Orders, Money, Contract, Province, Order, Defence, Removal, Commission, Place, Investigation, Contentions, Punishment, Manager, Trial Court, Illegal Gratification, Gratification, Ground Rent, Information, Receipt, Prosecution, Executive, Notice Result: Petition dismissed JUDGMENT NOOR UL ARFIN, J.- This is an appeal against the judgment of Captain Syed Iftikhar Hussain, Special Judge: central), Karachi Camp at Hyderabad, given on 20-12-1966. Accused Muhammad Hanif was a Tax Superintendent of the Hyderabad Cantonment Board in June 1965. The incident, on which the accused was prosecuted, relates to a canteen within the area of the Hyderabad Cantonment. The contract of this canteen vas auctioned and was taken by one Muhammad Saeed on a monthly rent of Rs. 250. It is admitted position that the canteen contractor used open space in front of the canteen. The canteen contractor himself did not run the canteen, but entrusted this work to his employee P. W. Mirza Hameed Beg. During one of his visits, the Station Commander of the Hyderabad Cantonment objected to people sitting in the open space, and, under his direction. P. W. 4 Rizvi sent a notice (Exh. 34) requiring the canteen contractor to stop using the open space or placing any tables and benches there, failing which he was informed that the lease of the canteen would be terminated. According to tire prosecution case, on receipt of this notice, P. W. Mirza Hameed Beg approaches the accused and, under the latter's (direction, moved an application (Exh. 8), which was delivered to the accused. It was stated in this applicant that the canteen contractor was in fact, paying heavy rent for the open space which was under his use, and therefore prayed that the removal of chairs and benches from the open space will cause great in convenience to the customers, and that he should be exempted from payment of rent for the open space. That rent was charged for this open space is confirmed by P. W. Rizvi, who stated that the rent of Rs.…

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