KHAN BAPUTI DEWAN Vs. BISPATI PUNDIT
LAWS(PVC)-1900-2-12
PRIVY COUNCIL
Decided on February 09,1900

KHAN BAPUTI DEWAN Appellant
VERSUS
BISPATI PUNDIT Respondents

JUDGEMENT

Prinsep J - (1.) THE order in this case convicting the petitioners has been passed under Section 34 of Act V of 1861, as modified by Act VIII of 1895. It has been found that the petitioners have slaughtered a cow in an open verandah, so as to cause annoyance to the residents of that locality and in spite of their remonstrances. THE learned pleader, who appears for the petitioners, contends that the slaughtering in this open verandah does not constitute a breach of the law, not being an act "in an open place" within the terms of Section 34 as amended, and he contends that the words "open place" coupled with road "street," or "thoroughfare," must be interpreted ejusdem generis. We are not prepared to construe the law in this limited sense. It seems to us rather that the addition of these words was intended to have a wider significance, and this seems to be shown by another amendment in the same section made at the same time, in which the annoyance, etc., caused must be not to the residents and passengers" but to "residents or passengers." We understand from this that the intention of the Legislature was to extend the Act not only to passengers, who would be on such a road, street or thoroughfare, but to residents, who are not passengers. This rule is, therefore, discharged.;


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