EMPEROR Vs. MAHOMED ELIAS PATEL

JUDGEMENT

(1.) 1. This is a revision application against an order of the Honorary Presidency Magistrate, Municipal Court, Mazagaon, convicting the accused under Section 471 of the City of Bombay Municipal Act, 1888, for disobedience of the obligation imposed upon him under Section 275(1) of the Act.

(2.) THE applicant is the manager of the Haji Ismail Haji Allanna Family Trust, and the charge against him was that he failed to keep in efficient repairs a bib-tap at 94-98, Victoria Road, Byculla, and also failed to comply with a notice requiring him to remedy the defect in the tap. At the time of the trial it was found that no such notice had been served upon the applicant. THErefore, the charge of disobedience of the notice issued to him under Section 278 of the City of Bombay Municipal Act was withdrawn. But in respect of the charge under Section 275(1) the applicant was convicted and sentenced to pay a fine of Rs. 75 or in default to suffer simple imprisonment for four weeks.

(3.) THE application therefore fails and must be dismissed.