BASUDEV HAZRA versus MATIAR RAHAMAN MANDAL

BASUDEV HAZRA versus MATIAR RAHAMAN MANDAL

Section 24 penalises the collection of tolls in excess of the lawful amount or when such tolls are not legally due, regardless of whether the ferry or its facilities are actually used; to limit its operation would defeat the object of the provision.

Parties
Appellant: Basudev Hazra; Respondent: Matiar Rahaman Mandal
Jurisdiction
India
Judgment Date
21 January 1971
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Ferry Tolls, Unlawful Collection of Tolls, Penalties Under Bengal Ferries Act
Criminal Law Statutory Interpretation Ferry Tolls Unlawful Collection of Tolls Penalties Under Bengal Ferries Act

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Parties

Basudev Hazra

Appellant

Matiar Rahaman Mandal

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment of Calcutta High Court

Legal Issues

  1. 1 Does section 24 of the Bengal Ferries Act, 1885 penalise a lessee for collecting tolls from persons not using the ferry or for collecting tolls in excess of the prescribed rate?

Ratio Decidendi

Section 24 penalises the collection of tolls in excess of the lawful amount or when such tolls are not legally due, regardless of whether the ferry or its facilities are actually used; to limit its operation would defeat the object of the provision.

Court Disposition

Appeal dismissed

Orders

  • Conviction under section 24 of the Bengal Ferries Act upheld.
  • Fine imposed under section 24 affirmed.