NOSSIBOLLA Vs. D STEPHENS

JUDGEMENT

(1.) This Rule has been obtained by one Nossibolla against an order acquitting the opposite party D. Stephens.

(2.) The case of the petitioner briefly is as follows : He is a seaman. He wished to get engaged on board a ship & for this purpose he had to approach a body known as the Calcutta Maritime Board to give him what is known as a Muster Card. He applied to the opposite party D. Stephens for this purpose & Stephens gave him a Muster Card but demanded payment of one rupee for this. The contention of the petitioner is that Stephens has contravened the provisions of Sections 25 & 26, Merchant Shipping Act. This case was tried together with another case of a similar nature namely the case of 'Nasurulla v. Stephens'. The evidence was recorded by the learned Chief Presidency Magistrate. He was transferred & his successor has passed the present judgment acquitting Stephens.

(3.) The decision of this case will depend mainly upon the construction of Sections 24, 25 & 26, Merchant Shipping Act. The sections are as follows: