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Judgment
6 paragraphs · 125 words
1.
The District Magistrate is right instating that no appeal lies against an order u/s 22 of the Cattle Trespass Act (I of 1871) Queen-Empress v.
Raya Lakshma ILR 10 Bom. 230 and Dhiku v. Deno Nath Deb ILR 15 Cal. 712 .
2.
There is evidence that the seizure was illegal and the Sub-Magistrate believed it. The Joint Magistrate, however, considered it ''insufficient.'' The
High Court, as a Court of Revision, will not, in such a case, weigh the evidence, for to do so would, in effect, be to admit an appeal where the law
does not allow it. So much, however, of the Sub-Magistrate''s order as directs that imprisonment be awarded in default of payment of
compensation is illegal, and is set aside.