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1920 Supreme(Mad) 25

AYLING, C TROTTER
Husaina Beari Accused – Appellant
Versus
King-Emperor – Respondent


JUDGMENT

Couits Trotter, J.

1. In this ease the accused was charged under Section 211 of the Indian Penal Code with making a false charge against one Angara Mukari, under Section 1 of the Workmens Breach of Contract Act, XIII of 1859. In order to determine the point at issue, which is one of considerable interest, it is necessary to examine both the wording of Section 211 of the Indian Penal Code, under which the accused was convicted, and the wording of the Workmens Breach of Contract Act. Section 211 of the Penal Code is as follows : Whoever, with intent to cause injury to any person, institutes or causes to be instituted, any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished, etc." By the Workmens Breach of Contract Act, Section 1, it is enacted as follows :

When any artificer, workman or labourer shall have received from any master or employer, resident or carrying on business in any Presidency-town, or from any person acting on behalf of such master or employer, an advance of money on account of any work which h









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