Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1898 439 ss. 417 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Merchant Shipping Act, 1923 (21 of 1923) Code of Criminal Procedure, 1898 (5 of 1898) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Criminal Procedure Code, 1898, ss. 417, 439-Revision against order of acquittal -interference-Guiding principles-Indian Merchant Shipping Act, XX! of 1923, ss. 25, 26-Supply of seamen Constitution of Board by owners of ships and seamen for recruitment of seamen-Levy of one rupee from each seaman towards expenses of Board-Whether contravenes ss. 25, 26-Giving of muster card permitting appearance at muster-Whether amounts to "engaging or' supplying" seamen.The revisional jurisdiction conferred on the High Court under s. 439 of the Code of Criminal Procedure is not to be lightly exercised when it is invoked by a private complainant against an order of acquittal, against which the Government has a right of appeal under s. 417. It could be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinary invoked or used merely because the lower Court has taken a wrong view of the law or mis appreciated the evidence on t1ie record.Shipowners had an organization in Calcutta called the Calcutta Liners Conference and the seamen had an organisations called the Joint Supply Office. as a result of a collective agreement between the owners of the ships and the seamen's representatives, the Calcutta Maritime Board which contained an equal number of members representing the Calcutta Liners' Conference and the Joint Supply Office was established. The seamen presented themselves before this Board and. were given muster cards which permitted them to appear at the musters where the captains of the ships engaged seamen. For meeting the office expenses of the Board the. owners used to pay Rs. 2 per seaman engaged and after engagement each seaman paid Rs. 1 to the owner as his contribution towards these expenses. The _ accused was the secretary of the Liners' • Conference and _ .an c:r officio honorary joint secretary of the Maritime Board, and a seaman filed a • complaint _ against him that, as he had collected Re. 1 from him for the issue of a muster card he had committed an offence under s. 26 (2) of the Indian Merchant Shipping Act : Held, that the seamen to whom the muster cards were given by the Mritime Board were not "engaged or supplied" by the Board or by any of its officers, nor was the sum of Re. 1 which was levied out of the seaman's wages after he signed an agreement of employment, remuneration received for providing the man with _ employment, and the accused was not guilty of any offence under s. 25 or s. 26 of the Act. |
Judge | Hon'ble Mr. Justice N. Chandrasekhara Aiyar |
Neutral Citation | 1951 INSC 13 |
Petitioner | D. Stephens |
Respondent | Nosibolla |
SCR | [1951] 1 S.C.R. 284 |
Judgement Date | 1951-03-02 |
Case Number | 19 |
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