Queen-Empress Vs Lakshmi Nayakan

Madras High Court 13 Mar 1896 (1896) 03 MAD CK 0001
Bench: Division Bench
Acts Referenced

Judgement Snapshot

Hon'ble Bench

Arthur J.H. Collins, C.J; Benson, J

Acts Referred
  • Cattle Trespass Act, 1871 - Section 22

Judgement Text

Translate:

1. The District Magistrate is right instating that no appeal lies against an order u/s 22 of the Cattle Trespass Act (I of 1871) Queen-Empress v.

Raya Lakshma ILR 10 Bom. 230 and Dhiku v. Deno Nath Deb ILR 15 Cal. 712 .

2. There is evidence that the seizure was illegal and the Sub-Magistrate believed it. The Joint Magistrate, however, considered it ''insufficient.'' The

High Court, as a Court of Revision, will not, in such a case, weigh the evidence, for to do so would, in effect, be to admit an appeal where the law

does not allow it. So much, however, of the Sub-Magistrate''s order as directs that imprisonment be awarded in default of payment of

compensation is illegal, and is set aside.

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