PROBODH CHANDRA BOSE Vs. ATUL CHANDRA GANGULY

JUDGEMENT

(1.) In the first case the petitioner, who is an actor, has been fined Rs. 10 for continuing a theatrical performance later than 1 a.m. on the 31st March last in breach of the Theatre Bye- laws, Rules 33 and 85 of the Calcutta Municipal Act. A Rule was issued by this Court. The grounds urged were (1915) 2 K.B. 49 : 84 L.J.K.B. 649 : 112 L.T. 519 : 79 J.P. 238 : 13 L.G.R. 541 : 31 T.L.R. 138 that bye-law 85 is ultra vires, (1911) K.B. 445 : 80 L.J.K.B. 141 : 103 L.T. 760 : 75 J.P. 53 : 9 L.G.R. 79 : 27 T.L.R. 141 that the abetment sections of the Penal Code do not apply to an offence treated by a bye-law framed under the Calcutta Municipal Act.

(2.) In the second case both the petitioners are actors and have been fined Rs. 20 each for committing a similar breach of the same bye-laws, and a Rule was issued on the same grounds. Both the matters have been heard together.

(3.) Under Section 559, Sub-Clause (52), of the Calcutta Municipal Act III of 1899, the General Committee of the Municipality is empowered to make bye-laws for the regulation of theatres and other places of public resort, recreation or amusement. Section 561 lays down that in making a bye-law under Section 559 the General Committee may provide that a breach of it shall be punishable with fine which may extend to Rs. 20 in some cases and to Rs. 10 in others. Under the power so given the following bye-laws have been framed: