SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1950 Supreme(Ori) 7

RAY
Padma Charan Behera – Appellant
Versus
Rangadhar Das – Respondent


Advocates:
L.K. Dasgupta - for Petitioners; P. Mohanty and Bijoy K. Ray - for Opposite Party.

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






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top