RAMA CHANDRA MISRA Vs. PRESIDENT DISTRICT BOARD
HIGH COURT OF ORISSA
RAMA CHANDRA MISRA
PRESIDENT, DISTRICT BOARD
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Narasimham, J. -
(1.) This petition is against the judgment of Sri Priyanath Sarkar, Magistrate, 1st class, Berhampur, convicting the petitioner under Schedule 07, Madras Local Boards Act, 1920, for contravention of Schedule 66 of that Act and sentencing him to pay a fine of Rs. 50 in default to undergo simple imprisonment for one week. The learned Magistrate also passed an order under Schedule 12 of that Act directing the petitioner to deposit the full licence fee of Rs. 285 plus cost to the District Board of Ganjam.
(2.) The petitioner is the owner of two motor buses Nos. O. B. C. 107 and O. B. C. 115 which were plying for hire between Cuttack and Berhampur in January- March 1914. He had obtained a permit from the Regional Transport Authority for plying the vehicles on the road from Cuttack to Berhampur during the said period but he did not obtain any licence from the Ganjam District Board as required by Schedule 66 (l) (a), Madras Local Boards Act, 1920, (hereinafter referred to as the Madras Act). The President of the District Board, therefore, sanctioned his prosecution for contravention of the said section which was punishable Under Section 207 of that Act.
(3.) The prosecution examined only one witness, namely, Parsuram Behera (p. w. l), a clerk of the office of the Ganjam District Board, at Chhatrapur who was in charge of issuing of licences to motor vehicles. His evidence was that buses Nos. o b. 0. 107 and O.R. C. 115' were plying from Berhampur to Cuttack on hire on the District Board road during the quarter from January to March 1914 that the petitioner was the owner of the vehicles and that he did not obtain a licence from the District Board for plying the said vehicles on hire for the quarter in question. During the examination of the petitioner under Schedule 42, Criminal P. C., he frankly admitted that he plied his buses for hire for the period in question without obtaining a licence from the District Board, Ganjam.;
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