MOHAMAD KESHAB Vs. KING-EMPEROR

JUDGEMENT

(1.) This is a Rule granted by my learned brother, Mr. Justice Panton, and me, calling upon the District Magistrate to show cause why the order complained of should not be set aside, altered or modified and the boat restored to the petitioner on grounds III and IV.

(2.) Ground III was " that the liability to confiscation of a conveyance arises only when the owner of such conveyance uses the same for transportation and there being no evidence to that effect in this case the order is bad and fit to be set aside."

(3.) Ground IV was " that the said order which was passed without giving an opportunity to the petitioner, who is the owner of the dinghee, to show cause is improper and without jurisdiction."