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Municipal Council of Srivilliputtur Vs. Chinnaboothanayagam Pillai - Court Judgment

LegalCrystal Citation
SubjectMunicipal Tax
CourtChennai
Decided On
Reported in(1898)8MLJ73
AppellantMunicipal Council of Srivilliputtur
RespondentChinnaboothanayagam Pillai
Cases ReferredRamasami Ayyar v. Municipal Council of Salem I.L.R.
Excerpt:
- - notwithstanding that the actual work was done outside municipal limits, the contractor was in the circumstances stated above clearly exercising his profession in the town......the.....
Judgment:

1. Most of the dealings that the contractor (respondent) had with the Department of Public Works in connection with his contracts took place in the Division Office of Srivilliputtur. The contract was executed there, instructions regarding the execution of works, the subject of the contract, were given him there, and payments on account of the contract were made to him there. Notwithstanding that the actual work was done outside municipal limits, the contractor was in the circumstances stated above clearly exercising his profession in the town. His case is analogous to that of the pleader in Ramasami Ayyar v. Municipal Council of Salem I.L.R. 18 M. 183 .

2. The respondent was, therefore, liable to be taxed, and in reversal of the lower Court's decree, we dismiss his suit with costs throughout.

3. In the view of our finding that the respondent 'exercised' his profession in the municipal limits and is, therefore, liable to the tax, it becomes unnecessary to consider whether the Court had jurisdiction to entertain the action.


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