P. Kandaswamy Mudaliar vs King-Emperor on 26 September, 1919
7. The case nearest in point is Cahoon v. Mathews (1897) I.L.R., 21 Calc., 494. In that case a mother was directed to remove her daughter to an isolation hospital. She refused to comply with the order unless she was herself allowed to accompany her child. Thereupon she was charged under Section 269 of the Indian Penal Code. The learned Judges held, that as in her own house there were no lodgers, as the order to remove was passed upon a misapprehension as to the existence of lodgers, and as sufficient accommodation was provided for the infected child, the mother did not act unlawfully or negligently. The learned Judges say, and I entirely agree with that observation of theirs: "An act, however, may be lawful though it may be illegal."