EMPEROR Vs. JEHANGIR BIRANI

JUDGEMENT

(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.) Section 401 provides that no person shall without a license from the Commissioner sell or expose for sale any animal or article in any Municipal market, and the penalties for a breach of that section are not only as is provided by Sub-section (2) of it, that is to say summary removal from the market, but also under Section 471 and the schedule therein referred to, a fine which may amount to Rs. 50. By Section 407 of the Act the Municipal Commissioner may make a charge for the occupation or use of any stall or shop in a Municipal market, and the fees to be charged therefor are to be approved of by the Standing Committee of the Municipality.