1940 (5) TMI 26

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sed on the accused Madhusudan Mahanti by a 1st class Magistrate, Cuttack, in two cases under Section 16, Press and Registration of Books Act (Act 25 of 1867), may be set aside. The cases were started on the complaint of the Sub-Deputy Magistrate in charge, Book registration, Cuttack, to the effect that the accused did not deliver to his office, as required under the provisions of Section 9 of Act ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... month's simple imprisonment. The accused filed applications in revision before the Sessions Judge of Cuttack who has made the reference to this Court. The learned Sessions Judge is of opinion that "either of the two documents in respect of which the accused has been convicted is a book as defined in Act 25 of 1867. In Section 1 of the Act a book is defined as follows: "Book" Includes....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and written, or printed, and issued as a separate work, always unbound, with or without paper covers; (2) More specifically, a treatise of the size and form above described on some subject or question of current or temporary interest, personal, social, political, ecclesiastical, or controversial, on which the writer desires to appeal to the public. 4. In Concise Oxford Dictionary the m....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....osing the reference contends that the definition of "book" as given in Section 1 of Act 25 of 1867 is not exhaustive. He lays stress on the word 'includes.' In other words, his contention is that "book" may include documents other than those specifically mentioned in the definition. To accept this argument would make the definition useless. 5. I should like to observe that the penalty p....