RAY
Padma Charan Behera – Appellant
Versus
Rangadhar Das – Respondent
Order. - The petitioners have been found having seized a few heads of cattle which belonged to the opposite party and impounded them. The seizure but not the detention has been adjudged illegal by the Honorary Magistrate. The Magistrate has awarded a compensation of Rs. 75 distributing the same as between the petitioners equally. Thus each petitioner has been awarded a liability to pay a sum of Rs. 15 to the complainant-opposite party. Several contentions have been raised by Mr. Dasgupta, the learned counsel for the petitioners. They are: (i) That the Magistrate had no jurisdiction to hear and dispose of the complaint; (ii) That neither in the petition of complaint nor in the evidence, the complainant made any mention of the loss or, at any rate, the items or heads of such loss, and in the absence of such allegations and proof, no compensation beyond the fines, paid to the pound-keeper, being a sum of Rs. 7/8, should have been awarded to the complainant; and lastly, (iii) that the compensation awarded is highly excessive.
2. For the first contention, reliance is placed upon S. 20, Cattle-Trespass Act (I [1] of 1871), which reads :
"20. Power to make complaints- Any person whose cattl
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