1939 Supreme(Mad) 76

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Hajee Mohammad Kadir Sheriff
Versus
Rahimatullah Sahib
Decided On : 15.02.1939

The main legal point established is that the alleged facts did not amount to an offence under Section 171(g), I.P.C.

Headnote:

Section 171(g) - Offence - Legal provision discussed by the court

Fact of the Case:

The facts alleged do not constitute an offence under Section 171(g), I.P.C., and the order of the Sub-divisional Magistrate is unsustainable.

Finding of the Court:

The court found that the facts alleged did not amount to an offence under Section 171(g), I.P.C., and therefore set aside the order of the Sub-divisional Magistrate for further inquiry.

Issues: The issue was whether the alleged facts constituted an offence under Section 171(g), I.P.C.

Ratio Decidendi: The court analyzed the provisions of Section 171(g), I.P.C. and concluded that the alleged facts did not meet the criteria for constituting an offence under the said section.

Final Decision: The court set aside the order of the Sub-divisional Magistrate and ordered further inquiry into the complaint in accordance with law.