1939 JTR(Mad) 76
1940 AIR(Mad) 230
IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
Hajee Mohammad Kadir Sheriff
Versus
Rahimatullah Sahib
Decided On : 15.02.1939
The main legal point established is that the alleged facts did not amount to an offence under Section 171(g), I.P.C.
Section 171(g) - Offence - Legal provision discussed by the court
Fact of the Case:
The facts alleged do not constitute an offence under Section 171(g), I.P.C., and the order of the Sub-divisional Magistrate is unsustainable.
Finding of the Court:
The court found that the facts alleged did not amount to an offence under Section 171(g), I.P.C., and therefore set aside the order of the Sub-divisional Magistrate for further inquiry.
Issues: The issue was whether the alleged facts constituted an offence under Section 171(g), I.P.C.
Ratio Decidendi: The court analyzed the provisions of Section 171(g), I.P.C. and concluded that the alleged facts did not meet the criteria for constituting an offence under the said section.
Final Decision: The court set aside the order of the Sub-divisional Magistrate and ordered further inquiry into the complaint in accordance with law.
Section 171(g) - Offence - Legal provision discussed by the court
Fact of the Case:
The facts alleged do not constitute an offence under Section 171(g), I.P.C., and the order of the Sub-divisional Magistrate is unsustainable.
Finding of the Court:
The court found that the facts alleged did not amount to an offence under Section 171(g), I.P.C., and therefore set aside the order of the Sub-divisional Magistrate for further inquiry.
Issues: The issue was whether the alleged facts constituted an offence under Section 171(g), I.P.C.
Ratio Decidendi: The court analyzed the provisions of Section 171(g), I.P.C. and concluded that the alleged facts did not meet the criteria for constituting an offence under the said section.
Final Decision: The court set aside the order of the Sub-divisional Magistrate and ordered further inquiry into the complaint in accordance with law.
ORDER
Lakshmana Rao, J.
1. The facts alleged do not constitute an offence under Section 171(g), I.P.C., and the order of the Sub-divisional Magistrate is unsustainable. It is therefore set aside and there will be further inquiry into the complaint in accordance with law.