High CourtsSingle Bench

Nallaya Naick and Others vs Emperor

Madras High Court · Decided on 8 November 1918 · Citation: 51 Ind. Cas. 847 : (1919) 10 LW 12

HON’BLE JUDGES
Sadasiva Aiyar, J
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Judgment

6 paragraphs · 108 words

Sadasiva Aiyar, J.—The Convictions and sentences cannot be upheld. The Amin (6th accused) has to obey the clear directions found in hid

delivery warrant and not to be looking in to Exhibit C offered for his inspection and then to slolve a diffcult question of law, Whether his superior

officer might not have committed a mistake in issuing a delivery warrant in wider terms than was legally justifiable.

2.

The other accused assisted the Amin in doings his duty and could not be convicted of criminal trespass or charged with illegal and dishonest

intentions.

3.

The convictions are set aside and the fines, if paid, will be fefunded.