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Suva City Council v Kumar [1996] FJHC 72; Haa0040.96 (21 November 1996)

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Fiji Islands - Suva City Council v Kumar - Pacific Law Materials

IN THE HIGH COURT OF FIJI

(AT SUVA)

CRIMINAL APPEAL HAA 40 OF 1996
(SUVA MAGISTRATES COURT CRIMINAL CASE NO. 2024 OF 1995)

BETWEEN:

SUVA CITY COUNCIL
span lang=EN-GB>Appellant

AND:

RAMESH KUMAR
(T/A CITY BOOKSHOP)
Respondent

R. Gopal for the Appellant
H.M. Patel for the Respondent

&-GB>

JUDGMENT

;

This is an Appeal against an acquittal entered by the Suva Magistrates Court in relation to a charge of engaging in a designated business without holding an appropriate licence contrary to Section 5(2) and 18 (1) of the Business Licensing Act, Cap 204.

I am satisfied that this was a criminal prosecution and it was therefore governed by the CPC. It is not disputed thatanction to appeal against tnst the acquittal was obtained from the Director of Public Prosecutions as required by Section 308 of the CPC and accordingly the appeal fails and is dismissed.

M.D. Scott
JUDGE

21 November 1996

crapp40j.96


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