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1897 Supreme(Cal) 52

FRANCIS WILLIAM MACLEAN, BANERJEE
Bahabal Shah – Appellant
Versus
Tarak Nath Chowdhry – Respondent


JUDGMENT

Maclean, C.J. - In this case the plaintiff sued the defendant, who is a sub-inspector of police, for damages for having, as he alleged, wrongfully and illegally entered and searched his house.

2. The question which we have to decide is whether the police officer, under the circumstances in this case, had any right to enter the plaintiff's house and to make a search.

3. The Munsif before whom the suit was originally brought found in favour of the plaintiff, and he gave the plaintiff Rs. 10 for damages; the plaintiff stated that he desired nothing in the nature of large damages, and that the only object of his action was to clear himself against the imputation which lay upon him by reason of the proceedings which were taken by the police officer.

4. The case then came before the District Judge in appeal. He reversed the decision of the Munsif and dismissed the plaintiff's suit. The District Judge in his judgment has not gone into the question of law which was raised before Mr. Justice Rampini, and which has been discussed before us.

5. The plaintiff appealed from the decision of the District Judge to this Court, and Mr. Justice RAMPINI affirmed that decision. Hence the present ap

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