High CourtsDivision Bench(1896) 09 MAD CK 0006

Queen-Empress vs Subramanian and Others

Madras High Court · Decided on 11 September 1896 · Citation: (1897) ILR (Mad) 1

HON’BLE JUDGES
Subramania Ayyar, J · Davies, J

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Judgment

5 paragraphs · 99 words
1.

Reading Sections 98 and 100 of the Local Boards Act (V of 1884) together, it is clear that the notice prescribed by the former Section is a

mere preliminary to the action to be taken by the president himself and not by the party under the latter Section. The notice in question is,

therefore, merely a notice and not an order of the kind contemplated in Section 188 of the Penal Code.

2.

We accordingly agree with the District Magistrate that the convictions were wrong and set them aside and direct that the fines, if paid, be

refunded