EMPEROR Vs. SHIRINBAI SORABJI NAGPURWALA

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge of Thana. The accused was convicted by the Magistrate of infringing by-law 3 of Chapter III of the by-laws of the Municipality of Vile-Parle, and the learned Sessions Judge takes the view that there are no by-laws of the Municipality of Vile-Parle, and that, therefore, the conviction was necessarily illegal.

(2.) THE position of the matter is this. In 1932 the Municipality were minded to make some by-laws, and they prepared some draft by-laws and sent them to the Commissioner, and the Commissioner made certain alterations in various by-laws, but did not alter Chapter III which contained the by-law said to have been broken, and sent the draft, as altered, back to the Municipality. THE Municipality then invited criticism under the Act upon the by-laws as altered, and eventually did nothing further. THEy never adopted the by-laws as altered by the Commissioner. THE contention of the complainant is that, inasmuch as Chapter III was not altered or modified by the Commissioner, that Chapter must be deemed to have been passed and to have come into operation.

(3.) WE accept the reference and set aside the conviction. Fine and process fee, if paid, to be refunded.