A B vs EMPEROR - 1911 Supreme(Nagpur) 3

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1911 Supreme(Nagpur) 3

H J STANYON
A B – Appellant
Versus
EMPEROR – Respondent

Advocates Appeared:
B K Bose, F W Dillon, Advocates

JUDGMENT

H J Stanyon, Esquir—This case raises a somewhat difficult question of law and it is therefore expedient to make a short statement of the facts material thereto. The applicant, A.B., became a member of the Municipal Committee of the town of Amraoti, in Berar, on the 1st April 1908. On the 2nd June 1908 he became Vice-Chairman of that Committee, a position of great trust and responsibility. As Vice-Chairman he was the working member of the Committee in its dealings with contractors who carried on Municipal work. He made the contracts, passed contractors, bills and issued Municipal Cheques in payment thereof. Incidentally, he was also subject to the Berar Municipal Law, section 146 (1), whereof runs as follows:--

If any member officer, or servant of a Committee is otherwise than with the permission in writing of the Commissioner, directly or indirectly interested in any contract made with the Committee, he shall be deemed to have committed an offence under section 168 of the Indian Penal Code.

2. By profession the applicant is a pleader, practising as such at the Amraoti Bar, and he also has, and himself carries on, a money-lending business.

3. On the 16th November 1908, two cont