High CourtsDivision Bench(1928) 09 MAD CK 0017

In Re: Para Subba Naidu and Others

Madras High Court · Decided on 20 September 1928 · Citation: (1929) 56 MLJ 600(1)

HON’BLE JUDGES
Jackson, J

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Judgment

4 paragraphs · 74 words

Jackson, J.—It must be held that a village Court executing u/s 48 of Act I of 1889, a decree by way of distraint is a village Court as defined

in the Act, and the village munsif if he himself distrains is still acting as Judge of that Court. Therefore, sanction for his prosecution is necessary u/s

197 of the Code of Criminal Procedure.

2.

The petition is therefore allowed as regards accused No. 2.