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Criminal Appeal No. 204 of 1913. Case: Emperor Vs Haridas Lakhmidas. High Court of Bombay (India)

Judgment Cited in Precedent Map Related
Vincent
Case NumberCriminal Appeal No. 204 of 1913
JudgesBatchelor and Shah, JJ.
IssueCode of Civil Procedure
Citation1913 (15) BomLR 994
Judgement DateJuly 31, 1913
CourtHigh Court of Bombay (India)

Judgment:

Batchelor J.

  1. This is an appeal by the Government of Bombay against the acquittal of one Haridas Lakhmidas who was accused of having committed an offence punishable under Section 13 of the Coasting Vessels Act XIX of 1838, in that, being the owner of a harbour-craft, he plied the craft for hire without getting the certificate of registry required by Sections 4 and 7 of the Act.

  2. It appears that Haridas Lakhmidas, the accused, and his brother and father were members of a joint Hindu family, and the craft was registered in the name of the father Lakhmidas Kurji, who died in June 1912. Under Section 4 of the Act a second registration is required whenever any change takes place in the name of the owner of any harbour-craft. The learned Magistrate, however, who tried the accused, acquitted him on the ground that in this case the necessity for a second registration was avoided inasmuch as the business now conducted by the son, the accused, retained the name of the father Lakhmidas Kurji. Mr. Kelkar, who has endeavoured to support the learned Magistrate's judgment has put it upon the ground that the real owners of this craft, when it was registered in the name of the father were the father and the two brothers, and that the father's death does not constitute a change in the ownership of the craft. It appears to us, however, that the words of the Act are too clear to admit of any such construction as this. Sections 4 and 7 of...

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