SANTOSHILAL Vs. MUNICIPAL CORPORATION, GWALIOR

JUDGEMENT

(1.) THE applicant Santoshilal, who is the President of the Mandi Committee Morar, was convicted by the Municipal Magistrate Gwalior under S. 47 (a) of the Madhya Bharat Shops and Establishments Act, Samvat 2009 (No. VII of 1952) and sentenced to pay a fine of Rs. 10 or in default of payment of fine to undergo simple imprisonment for 5 days. A revision application preferred by him against his conviction and sentence was dismissed by the Third Addl. Sessions Judge Gwalior. He has now come up in revision before this Court.

(2.) A notice was issued to the petitioner on 11 -3 -1958 by the Inspector of Shops and Establishments Municipal Corporation Gwalior that the Mandi Committee of which the petitioner is the Chairman, should be registered under S. 7 (1) of the Madhya Bharat Shops and Establishments Act (hereinafter referred to as the Act). The petitioner in his reply contended that the Mandi Committee was not a 'commercial establishment' and was as such under no obligation to get itself registered u/s. 7(1) of the Act. The petitioner was thereupon prosecuted and tried u/s 47 (a) of the Act with the result already noted above.

(3.) SECTION 2 (4) of the Act defines a 'commercial establishment' as under: -