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PETITIONER: CHAIRMAN OF THE BANKURA MUNICIPALITY
Vs.
RESPONDENT: LALJI RAJA AND SONS.
DATE OF JUDGMENT: 12/03/1953
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHR CHAND
CITATION: 1953 AIR 248 1953 SCR 767 CITATOR INFO : RF 1977 SC2279 (19)
ACT: Calcutta High Court Rules, Part 1, Chap. 11, Rule 9-Juris- diction of Single Judge-"Order of forfeiture of property"- Forfeiture, meaning of--Order directing disposal of unwholesome food under Municipal laws-Whether forfeiture- Bengal Municipal Act, 1932, ss. 428,431, 432.
HEADNOTE: An order of a District Magistrate under ss. 431 and 432 of the Bengal Municipal Act (XV of 1932) for the disposal of an article of food which has been seized under s. 428 of the said Act is not an order of forfeiture of property within the meaning of the proviso to rule 9 of Chap. II of Part II of the Calcutta High Court Rules, and a Single Judge of the said High Court has jurisdiction to hear a reference from such an order. Unless the loss or deprivation of property is by way of penalty or punishment for a crime, offence or breach of engagement it would not amount to a "forfeiture" of property.
JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 23 of 1952. Appeal from an Order dated 18th January, 1952, of the High Court of Judicature at Calcutta (Chunder J.) in Cri...