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1913 DIGILAW 118 (CAL)

Bangali Shah v. Emperor

1913-03-13

COXE, N.R.CHATTERJEA

body1913
JUDGMENT Coxe and N. R. Chatterjea, JJ. - This was a Rule to show cause why the order binding the petitioner down to be of good behaviour, on the ground that he had no ostensible means of subsistence, should not be set aside on the ground that the facts found did not justify it. It appears that the petitioner's means of subsistence is the conduct of what is known as the "ring" game. Such a means of subsistence is certainly ostensible, and it will appear from the decision in the case of Han Sing v. King-Emperor (1907) 6 C. L. J. 708. that it is not an offence under the Gambling Act to conduct such a game. It is quite clear also that the game can be honestly conducted. The mere fact that the petitioner lives by this means does not justify the conclusion that he has no ostensible means of subsistence. The Rule is accordingly made absolute, and the order set aside.