Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Business premises within municipal limits Municipality |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Municipality—Business premises within municipal limits— Whole of premises licensed as warehouse under Fire Prevention Scheme—Power of Municipality to require a license—West Bengal Fire Services Act, 1950 (W. B. 18 of 1950) —Bengal Municipal Act, 1932 (Ben. 15 of 1932), s.3870—Calcutta Municipal Act, 1928 (Ben. III of 1923) s. 380 (1) (6), 488, 540, 541, 542.The respondent company was prosecuted for using the premises within the Municipality of Howrah without a license as required under s. 386 of the Calcutta Municipal Act 1923, as extended to the Municipality of Howrah by Notification No. 260 M dated January 18, 1932, under ss. 540. and 541 of the Act. The Bengal Municipal Act, 1932, also stood repealed qua the municipality of Howrah under s. 542 of the Act from the date of such extention. The defence of the respondent was that the premises had been licensed as a warehouse under the West Bengal Fire Service Act, 1950, and consequently, because of s. 38 of the Fire Services Act, s. 386 of the Act stood repealed and the respondent was not required to take out another license under the said s. 386. The respondent was however convicted under s. 488 of the Act. In appeal the Sessions Judge reduced the sentence and fine. The appellant took a revision to the High Court. The High Court held interalia that s. 38 of the Fire Service Act was applicable to the Howrah Municipality. Therefore, while it may be necessary to take out a license under s. 386 (1) of the Act, no part of the premises would be liable for any charge of fees for granting a license. The appellant came up in appeal by special leave to the Supreme Court.Held, that the effect of extension of s. 386 of the Calcutta Municipal Act, 1923, by notification No. 260 M dated January 18, 1932, under s. 540 and s. 541 of the Act, to the Municipality of Howrah is that an amended Act with s, 386 is applicable to the Municipality of Howrah and not s. 386 of the Calcutta Municipal Act, 1923. Although s. 38 of the West Bengal Fire Services Act extends to the whole of Bengal and to the extent there set t, it repeals s. 386 0f the Calcutta Municipal Act which applies to the Corporation of Calcutta and s. 370 of the Bengal Municipal Act which applies to the other Municipalities of Bengal yet it does not affect the operation of s. 386 of the former Act as modified and extended to the Municipality of Howrah by the notification. The language of s. 386 has been modified to make it appropriate in its application to the Municipality of Howrah and for that purpose in place of the word ‘corporation’ the word ‘commissioners’ has been substituted. Thus modified it is not s. 386 of the Calcutta Municipal Act but a different section. Therefore what s. 38 of the West Bengal Fire Services Act repeals in s. 386 of the Calcutta Municipal Act and not s. 386 of that as modified and applied to the Municipality of Howrah. |
Judge | Hon'ble Mr. Justice J. L. Kapur |
Neutral Citation | 1962 INSC 107 |
Petitioner | Chairman Of The Municipal Commissioners Of Howrah |
Respondent | Shalimar Wood Products & Another |
SCR | [1963] 1 S.C.R. 47 |
Judgement Date | 1962-03-26 |
Case Number | 240 |
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