The Penal Code. Act Xlv, of 1860

Cover The Penal Code. Act Xlv, of 1860
The Penal Code. Act Xlv, of 1860
India, Fendall Currie
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property in his tbn in a public way or possession or under his charge, causes navigation. danger, obstruction, or injury (14) to any person (n) in any public way or public (12) line of naviga- tion, shall be punished with fine which may extend to two hundred rupees. (Triable summarily under Section 222, C C. P.) A man is bound by law so to act with reference to his property, that it become not obstructive and injurious to the public, in any public way or line of navigation : these are the dutie...s and liabilities attaching to pro* perty or charge of property for another.
" A question," says Mr. Mayne, " may often arise under this section as to the respective liabilities of the owner and the occupier of property.
According to the doctrine both of criminal and civil law, the tenant is the person primarily liable, where the property in his occupation is a nuisance to others, either through an act or an omission on his part In an old case the defendant was indicted for not repairing a house standing ruinous upon the highway and likely to fall Just such a case is pointed out by this section.


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