EMPEROR Vs. BABAJI SHIVRAM HEGISTE

JUDGEMENT

(1.) THIS is an application in revision against the conviction of the accused under Section 30 of the Bombay Shops and Establishments Act of 1939.

(2.) THE case against the accused was that on August 13, 1941, his shop was open at 9-40 p.m. contrary to the provisions of Section 5 of the Bombay Shops and Establishments Act of 1939, which provides that, save as provided by or under any other enactment for the time being in force, no shop shall on any day be closed later than 9 p.m. THE Act came into force on November 2, 1939.

(3.) HOWEVER, the first point, and the main point which arises, is whether Government were entitled, after the issue of a license for the year 1941, to alter the conditions of that license. The license granted to the accused, which is in form A, provides that license is granted to the accused authorising him under and subject to the provisions of the Tobacco Duty (Town of Bombay) Act, 1857, and the rules framed hereunder and on payment of Rs. 25 to sell by retail superior tobacco at the premises mentioned therein.