EMPEROR Vs. NAJMUDDIN IBRAHIMSAHEB BOBADE

JUDGEMENT

(1.) THIS is an application in revision against a conviction of the accused by the Magistrate, First Class, Bhiwandi, under Section 1 of the Bombay Markets and Fairs Act, IV of 1862. The accused who is a resident of Bhiwandi established a cattle market on his private land within municipal limits without obtaining permission from the District Magistrate as required by Section 1 of the Bombay Markets and Fairs Act. The learned Magistrate convicted the accused and a revision application against the conviction was dismissed by the Sessions Judge of Thana. The accused has come in revision to this Court.

(2.) THE only contention urged before us is that the provisions of the Bombay Markets and Fairs Act of 1862 conflict with the provisions of Section 139 of the Bombay District Municipal Act, III of 1901, and that the provisions of the Bombay District Municipal Act, being a later and a special Act, must override the provisions of the earlier general Act of 1862. Section 1 of the Bombay Markets and Fairs Act provides that no person shall establish a new market or fair without permission in writing from the Magistrate of the District, and that if any person attempts to establish a new market or fair without such license, he shall on conviction be subject to a certain fine. THE preamble to the Act explains that it was introduced because the establishment of new markets or fairs in the neighbourhood of places where markets or fairs have been previously established leads to disputes between the owners of the lands, on which such new and previously established markets or fairs are held, and such disputes" not unfrequently occasion breaches of peace and serious inconvenience to the frequenters of such markets or fairs. Section 139 of the Bombay District Municipal Act, 1901, gives the Municipality power to direct that no place shall be used as a market for the sale of animals, meat, fish etc. excepting the public markets or such other markets as may have been licensed in writing by the Municipality, who may, at their discretion from timeto time, grant, suspend, withhold or withdraw such licenses; and Sub-section (3) of the Section provides for a penalty for any person who without the license of the Municipality sells animals or commodities within Municipal limits.

(3.) THE rule is discharged and the application dismissed.