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1950 Supreme(Bom) 36

CHAGLA, BAVDEKAR
V. B. Dmonte – Appellant
Versus
Bandra Borough Municipality – Respondent


Advocates:
V.B. Rage - for Applicant.
B.G. Thokor, Addl. Asst. Government Pleader - for the State of Bombay.
B.G. Padhye - for Opponent.
In No. 1217 of 1949 :
G.P. Murdeshwar - for Applicant.
B.G. Thakor, Addl. Asst. Government Pleader - for the State of Bombay,
C.K. Shah with Wadia Gandhy and Co. - for Opponent.
In No. 1218 of 1949 :
C.K. Shah with Wadia Gandhy and Co. - for Applicant.
B.G. Thakor, Addl. Asst. Government Pleader - for the State of Bombay.
G.P. Murdeshwar avid G.N. Vaidya - for Opponent.In Nos. 1219 and 1220 of 1949;
C. K. Shah with Wadia Gandhy and Co. - for Applicants.
B.G. Thakor, Addl. Asst. Government Pleader - for the State of Bombay.
G.P. Murdeshwar and G.N. Vaidya - for Opponents.

Judgement

CHAGLA, C.J. :- The question that arises for the determination of this Full Bench is whether an application in revision made against an order of a Magisterial under S. 110, Bombay Municipal Boroughs Act, XVIII [18] of 1925, lies on the civil or criminal side of this Court ?

2. The Bombay Municipal Boroughs Act constitutes a special appellate Court in respect of the decisions given under S. 104 of that Act; and these appellate Courts, as far as Greater Bombay is concerned, are Magistrates or Benches of Magistrates to be designated by the Chief Presidency Magistrate, and the decisions of the appellate authority under S. 110 of the Act are made subject to revision by the Courts to which appeals against their decisions ordinarily He. Now the contention put forward is that inasmuch as the decision is given by a Magistrate under S. 110 and an appeal from the Magistrates decision lies to the High Court on its criminal side, the order of the Magistrate should be revised by the High Court on its criminal side and not on its civil side. It is further urged that a Magistrates Court is a subordinate criminal Court within the meaning of S. 435. Criminal P.C., and therefore, a revision a













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