(1.) THIS is a revisional application against the judgment dated December 18, 1946, of Mr. F. T. Deatkar, Honorary Presidency Magistrate, Municipal Court, Fort, Bombay, by which he fined the applicant Rs. 10 for an alleged offence against the Bombay Municipal Act, 1888.
(2.) AS appears from the opening paragraph of the Magistrate's judgment, the applicant Mr. Jehangir B. Irani was charged under Section 401 (1) of that Act read with Section 471, for conducting stall No.469 in the Crawford Market on August 26, 1946, without a license from the Municipal Commissioner.
(3.) IN view of the subsequent conduct of the Municipality, it seems impossible for that attitude to be sustained, for not only were the stallage charges accepted, which they could not have been unless the applicant was a licensee, but on September 30, 1946, the Superintendent of the Markets on behalf of the Municipality served the following notice upon the applicant : Stalls Nos. 469 to 478, Arthur Crawford Market. Dear Sir, As you have been already informed, the Municipal Commissioner has increased the stallage charge in respect of the above stall/shop to Rs. 150, 175 and 175 per quarter, 150 for 7 stalls respectively. The sum of Rs. 1550 will accordingly be payable on the 15th October 1946 in respect of stallage charge for the quarter from 1st October 1946 to the 31st December 1946. Failure to comply with this provision of your license will result in the license being revoked under Clause 7 thereof.