NANI GOPAL BISWAS versus THE MUNICIPALITY OF HOWRAH

NANI GOPAL BISWAS versus THE MUNICIPALITY OF HOWRAH

Alteration of conviction from s. 299 to s. 300, read with s. 488, is not illegal when facts and evidence remain unchanged; no prejudice caused where appellant was fully aware of accusation and notice's substance sufficiently informed him; prosecution was not time-barred; penalty under s. 488(1)(c), read with s. 300,...

Source-derived case information.

Parties
Appellant: Nani Gopal Biswas; Respondent: Municipality of Howrah
Jurisdiction
India
Judgment Date
29 October 1957
Procedural Posture
Criminal Appellate / Appeal (supreme Court)
Outcome
Appeal dismissed
Legal Topics
Encroachment, Compound Wall, Notice Under Municipal Act, Conviction Under Wrong Section, Legality of Requisition, Limitation, Compensation Right
Municipal Law Criminal Law Encroachment Compound Wall Notice Under Municipal Act Conviction Under Wrong Section Legality of Requisition Limitation +1 more

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Parties

Nani Gopal Biswas

Appellant

Municipality of Howrah

Respondent

Procedural Posture

Criminal Appellate / Appeal (supreme Court)

Legal Issues

  1. 1 Whether conviction under s. 300, read with s. 488 of Calcutta Municipal Act, 1923, is illegal when notice was under s. 299
  2. 2 Whether requisition was lawfully made within s. 488(1)(c)
  3. 3 Whether substantial prejudice was caused to appellant

Ratio Decidendi

Alteration of conviction from s. 299 to s. 300, read with s. 488, is not illegal when facts and evidence remain unchanged; no prejudice caused where appellant was fully aware of accusation and notice's substance sufficiently informed him; prosecution was not time-barred; penalty under s. 488(1)(c), read with s. 300, is valid.

Court Disposition

Appeal dismissed

Orders

  • Conviction under s. 488, read with s. 300 of Calcutta Municipal Act, 1923, affirmed
  • Fine of Rs. 50 imposed