Section 4 in City of Bombay Municipal (Supplementary) Act, 1888
4. Appeal to the Bombay High Court from orders of Presidency Magistrates in Bombay.
(1)An appeal shall lie to the High Court of Judicature at Bombay from an order passed by a Presidency Magistrate under section 515 of the [City of Bombay Municipal Act, 1888] [Short title of this Act now reads as 'the Mumbai Municipal Corporation Act' vide Maharashtra 25 of 1996, section 2, Schedule.].(2)The High Court may, from time to time, make rules for regulating the admission of appeals under sub-section (1) and the procedure to be followed in the adjudication thereof.(3)When an appeal has been preferred to the High Court under this section, the Municipal Commissioner for the [City of Bombay] [The name of the 'City of Bombay' has been restored as ;Mumbai' vide Maharashtra 25 of 1996, section 2, Schedule.] shall defer action upon the order of the Presidency Magistrate until the appeal has been disposed of.(4)But, when the appeal has been disposed of, he shall forthwith give effect to the order passed therein by the High Court or if the order of the Presidency Magistrate has not been disturbed by the High Court, then to his order.(5)When disposing of an appeal under this section, the High Court may direct by whom the costs of the appeal are to be paid and whether in the whole or in what part or proportion.(6)Costs so directed to be paid may, on application to a Presidency Magistrate, be recovered by him, in accordance with the direction of the High Court, as if they were a fine imposed by himself.
