V B DMONTE Vs. BANDRA BOROUGH MUNICIPALITY

JUDGEMENT

(1.) THE question that arises for the determination of this Full Bench is whether an application in revision made against an order of a Magistrate under Section 110, Bombay Municipal Boroughs Act, XVIII [18] of 1925, lies on the civil or criminal side of this Court ?

(2.) THE Bombay Municipal Boroughs Act constitutes a special appellate Court in respect of the decisions given under Section 104 of that Act; and these appellate Courts, as far as Greater Bombay is concerned, are Magistrates or Benches of Magistrates to be designated by the Chief Presidency Magistrate, and the decisions of the appellate authority under Section 110 of the Act are made subject to revision by the Courts to which appeals against their decisions ordinarily lie. Now the contention put forward is that inasmuch as the decision is given by a Magistrate under Section 110 and an appeal from the Magistrate's decision lies to the High Court on its criminal side, the order of the Magistrate should be revised by the High Court on its criminal side and not on its civil side. It is further urged that a Magistrate's Court is a subordinate criminal Court within the meaning of Section 435, Criminal Procedure Code, and therefore, a revision application against his decision would lie under that section.

(3.) IN our opinion, it is unnecessary to consider whether a revisional application would lie under Section 435 from a decision of a Magistrate under Section 110, Bombay Municipal Boroughs Act, (Bom Act XVIII [18] of 1925). In exercising our revisional power, we are not exercising the jurisdiction conferred upon us under Section 435, Criminal Procedure Code We are exercising a special jurisdiction which is conferred upon us under Section 110, Bombay Municipal Boroughs Act of 1925. Therefore, the only question that we have to consider is whether in exercising that special jurisdiction under Section 111 we should exercise it on the civil side or the criminal side. Now it cannot be disputed that the subject -matter of the decision of the Magistrate is a purely civil matter. He is dealing with rates and taxes. He is not exercising any criminal jurisdiction nor is he dealing with any criminal matter. Therefore, when the matter comes before us in revision, it is a matter which is civil in its nature; and we see no reason why such a matter should be entertained on the criminal side of the High Court and not on the civil side.