MUNICIPALITY, DINAJPUR vs ABDUL WAHID MAJUMDER AND Another — 1970 PCRLJ 937

Citation: 1970 PCRLJ 937

Court: Dacca

Year: 1970

Decision Date: 1970-11-12

Parties: MUNICIPALITY, DINAJPUR vs ABDUL WAHID MAJUMDER AND Another

Headnotes

Case cited as 1970 PCRLJ 937

Judgment Text

Court Name: Dacca Judge(s): Abdul Hakim Title: MUNICIPALITY, DINAJPUR vs ABDUL WAHID MAJUMDER AND Another Case No.: Criminal Reference No. 275 of 1968 Date of Judgment:1970-11-12 Reported As: 1970 P Cr. L J 937 Result: Case remanded JUDGMENT JUDGMENT This is a Reference under section 438 of the Code of Criminal Procedure made by the learned Sessions Judge, Dinaj--pur recommending to set aside an order of conviction dated 4-5-68 passed by Mr. M. A. Hamid, Magistrate Ist Class, Dinajpur in Case No. 1737-C of 1967 under section 115/116 of the Municipal Administration Ordinance, 1960 (hereinafter called the Ordinance). The Municipal Committee, Dinajpur brought a case against the accused on the allegations that they constructed a Kutcha latrine and were using the said objectionable latrine in Municipal area to the detriment of the health of the 'local people. A Sanitary Inspector of the Municipality held local enquiry into the matter and served notices upon the accused under section 45(3) (c) of the Municipal Administration Ordinance, 1960 asking them to remove the objectionable latrine within 15 days from the date of the receipt of the notices and on their failure to comply, he submitted the prosecution report under section 115/116 of the said Ordinance. The accused asserted tat they were tenants under Maqsood Alam Khan and Mahfooz Alam Khan and had been using the latrine for long years. The notices for removal of the latrine should be served on the owners of the holding. They…

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