| Citation(s) |
|---|
| 1963 SLG 3627 = 1963 SLD 3627 = 1963 PLD 728 |
Dacca High Court
Criminal Revision No. 355 of 1961, decided on 24th July 1961.
Presented By: Sattar, J
A. T. Masud in support of the Reference. A. M. Sayem and Abdul Rashid in opposition to the Reference. Badrul Haider Chowdhury for Petitioner in Cr. Rev. No. 355 of 1961. A. M. Sayem and Abdur Rashid for the Opposite-party in Cr. Rev. No. 355 of 1961.
Criminal Revision No. 355 of 1961, decided on 24th July 1961.
Presented By: Sattar, J
A. T. Masud in support of the Reference. A. M. Sayem and Abdul Rashid in opposition to the Reference. Badrul Haider Chowdhury for Petitioner in Cr. Rev. No. 355 of 1961. A. M. Sayem and Abdur Rashid for the Opposite-party in Cr. Rev. No. 355 of 1961.
PARESH NATH CHAKRABORTY SUNAMGANJ MUNICIPAL BOARD----Appellant
VERSUS
H. OBAIDUR RAJA-Respondent
Law: Criminal Procedure Code (V of 1898)
Section:
Assam Municipal Act (I of 1923), S. 194-Board adopting provisions by resolution declaring that "provisions of S.194 ..be brought into force in this Municipality" - Held, all prohibitions mentioned in section had come into force and that no further declaration was necessary. Criminal Procedure Code (v of 1898), S. 439-Mixed question of law and fact-Cannot be gone into in revision if not raised at trial. Assam Municipal Act (1 of 1923), S. 194-Prohibitions of "excavations" and "digging" Mutually exclusive Word "excavations" cannot include "digging"-Declaration by Board prohibiting excavations-Cannot be construed to prohibit digging as well. Assam Municipal Act (I of 1923), S. 55 and Sunamganj Municipal Bye-laws, r. 62-"Drain" whether public or private Test-Drain running through private land but used for public purposes and maintained by Municipality - "Public drain." Chairman, Howrah Municipality v. Khettra Kristo Mitter 10 C W N 1044; The Chairman of Municipality Commissioners of Howrah v. Hari Das Gupta and others 20 C W N 613 and Nirod Chandra Mukherjee v. Chairman, Kamarhati Municipality 40 C W N 1070 ref. Nando Lal Neogy v. Bejoy Chandra Chatterjee 22 C W N 599 distinguished. JUDGMHNT This reference under section 438 of the Code of Criminal Procedure and the revisional application arise out of the order of Mr. K. A. Islam, Magistrate, 1st Class, Sunamganj, convicting Dewan M. H. Obedur Raja Chowdhury under section 194 of the Assam Municipal Act (hereinafter referred to as the Act) as well as under rule 62 of Sunamganj Municipal Bye-Laws (hereinafter referred to as bye-laws). Under section 194 of the Act he has been fined Rs. 25, in default simple imprisonment for a fortnight, and under rule 62 he has been fined Rs. 10 in default to suffer simple imprisonment for one week. The accused filed an application for reference to the High Court before the SessionsJudge. This application was heard by the Additional Sessions Judge who has made a recom mendation for setting aside the conviction under section 194 of the Act but not with regard to…