BHAGIRATHI NAIK Vs. GANGADHAR MAHANTY
LAWS(PVC)-1900-6-30
PRIVY COUNCIL
Decided on June 06,1900

BHAGIRATHI NAIK Appellant
VERSUS
GANGADHAR MAHANTY Respondents

JUDGEMENT

Prinsep, J - (1.) THE Magistrate, in a case under Section 22 of the Cattle Tress-pass Act, 1891, has fined the petitioner Rs. 10, and the costs of the case, and he has directed that out of this sum Rs. 5 be paid to the complainant. He has also ordered that, in default of payment of the fine, the petitioner do suffer one week's simple imprisonment.
(2.) THE order throughout is bad and not in accordance with the terms of Section 22 of the Cattle Trespass Act. THE Magistrate is not competent under that law to pass any sentence of fine. He can only award compensation for an illegal seizure of cattle. In this view we must set aside the order of fine, and direct that, in substitution thereof, the accused do pay the sum of Rs. 5 as compensation to the complainant, and do also pay the costs of the case. THE order of imprisonment in default of payment of this fine is also illegal and must be set aside.;


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