RAM KRISHNA BISWAS Vs. MOHENDRA NATH MOZUMDAR

JUDGEMENT

(1.) THE petitioner has been required under a Rule of the District Board of Nuddia having the force of law and on conviction of an offence within its, terms to pay a daily fine of one rupee, until the encroachment constituting the offence shall have been removed.

(2.) A rule has been granted to consider the order regarding the daily fine. There are several reported cases of this Court on the subject, and it has been held that an order for payment of a daily fine is illegal, inasmuch as it is an adjudication in respect of an offence which had not bean committed when such order was passed. We may refer to the ease of Sagar Dutt (1868) 1 B.L.R., O. Cr., 41, as well as to the cases of W.N. Love (1872) 18 W.R. Order 44, and of Kristodhone Dutt V/s. Chairman of the Municipal Commissioners of the Suburbs of Calcutta (1876) 25 W.R. Cr., 6, as authorities for this. We do not propose to follow the case of Sagar Dutt in which the order was passed under a special Act in regard to the setting aside of an order of fine for an offence actually committed. The order of the daily fine is set aside and the Rule made absolute.