CORPORATION OF CALCUTTA Vs. ANANTA DHAR

JUDGEMENT

(1.) In this case a rule was issued at the instance of the Corporation of Calcutta requiring the opposite party to show cause why a certain order of acquittal passed by the Municipal Magistrate in favour of the opposite party should not be set aside on the ground that the Magistrate had misconcieved the law and acquitted the accused on an erroneous hypothesis and assumption.

(2.) It appears that the opposite party is the owner of a hut consisting of certain premises in Calcutta and that after the commencement of the Calcutta Municipal Act of 1925 he put new golpatta leaves upon the old framework of the roof of his hut. He was accordingly prosecuted under Rule 7, Schedule 17, Municipal Act, the Clause 1, whereof says that external roof of walls of buildings shall not, after the commencement of this Act, be made of grass, leaves, mats, canvas or other inflammable materials.

(3.) It appears that the charge against him on that occasion was that he had entirely re- thatched the roof of the hut with new golpatta. Thereafter the prosecution with which we are now concerned was instituted and it was contended on behalf of the Corporation that because the opposite party had not pulled down the golpatta roof or altered it in accordance with the requirements of Rule 7, Schedule 17, he was guilty of a continuing offence within the meaning of the Calcutta Municipal Act and was liable to a daily fine of Rs. 5. The Magistrate has held that the fact that the opposite party has not pulled down the golpatta leaves is not in- continuation of the offence previously committed by him under Rule 7 above mentioned.