TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Conviction set aside for unfenced well near highway as no statutory obligation exists under Section 43</h1> The Madras HC set aside the conviction and sentence against the accused for maintaining an unfenced well eight yards from a highway. The court held that ... - The Madras High Court, in Innes and Kernan, JJ., addressed the issue of liability for an unfenced well located eight yards from a highway. The Court noted the absence of any statutory obligation in India analogous to the English statute requiring wells near highways to be fenced. While recognizing that such an unfenced well 'must cause danger to the public' and 'possesses some of the elements which constitute a public nuisance,' the Court held that the omission to fence is not an 'illegal omission' under Section 43 of the Indian Penal Code. The term 'illegal' requires the act to be an offence, prohibited by law, or furnishing ground for civil action; none applied here. Furthermore, the Court expressed doubt that damage from a person straying off the road into the well would support civil liability, citing contributory negligence since the person 'would be bound to keep to the public road.' Accordingly, the Court set aside the conviction and sentence, ordering the fine to be returned.
TaxTMI 
TaxTMI 
