Ramdas Pandey vs Nagendra Nath - 1947 Supreme(Cal) 11

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1947 Supreme(Cal) 11

SHARPE
Ramdas Pandey – Appellant
Versus
Nagendra Nath – Respondent

ORDER

Sharpe, J. - The petitioners have been convicted u/s 430, and Section 430 read with Section 114 of the Indian Penal Code, respectively, and sentenced to pay a fine of Rs. 100/-each, in default two months' rigorous imprisonment. The facts, which have not been fully set out in the judgment of the learned Magistrate, appear to be that the landlord had agreed with the tenants of Ms flats to pump water from a reservoir, in which filtered water supplied by the corporation was collected, and for this purpose a separate charge was imposed and paid by the tenants. One of the tenants alleged that on certain dates in the month of June 1946, the water was not pumped as per agreement, and on his making enquiries the pumpman, petitioner No. 1, informed him that the landlord, petitioner No. 2, has stopped the water supply, in other words had cancelled the order for pumping water into the flats.

2. On these facts the learned Magistrate held that the offence of mischief as defined u/s 425 and the offence contemplated by Section 430 of the Indian Penal Code had been committed.

3. It seems difficult to hold that the facts of the present case will amount to the offence of mischief as defined in Sec

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