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J. Krishna Rao Vs. the President of the Corporation of Madras - Court Judgment

LegalCrystal Citation
SubjectMunicipal Tax
CourtChennai
Decided On
Reported in(1917)32MLJ99
AppellantJ. Krishna Rao
RespondentThe President of the Corporation of Madras
Excerpt:
- - section 150(f) clearly negatives this argument......of the owner. any vehicle that is under some one's control is undoubtedly kept.5. it has not been argued that if it was kept the owner need not pay and the argument would be impossible as long as the owner had control. vide section 150(2) of the madras city municipal act. the assessment by the corporation is correct.
Judgment:

Ayling, J.

1. In my opinion the three phrases 'kept', 'let out for hire' and 'used' in Section 150 of the Madras City Municipal Act are employed distinctively, and the word 'kept' is not qualified by the words 'for hire'. If the mere possession of a car which is never used does not bring the possession within the scope of Section 150, it is difficult to imagine what is the object of the exemption clause, Section 151(f).

2. I can see no ground for holding that a car ceases to be 'kept' within the meaning of Section 150, because it is under repair and for that reason unfit for immediate use.

3. I would set aside the order of the Magistrates cancelling the tax and ordering refund.

Napier, J.

4. I agree. Three points are argued. First that a car under repair is not a vehicle. I cannot take this argument seriously. Second that the word 'kept' must be read with the words 'for hire', and private persons who do not use for 30 days are not taxable. Section 150(f) clearly negatives this argument. Thirdly, that as the owner had not the car in his possession he was not 'keeping'. The section does not require the car to be in the possession of the owner. Any vehicle that is under some one's control is undoubtedly kept.

5. It has not been argued that if it was kept the owner need not pay and the argument would be impossible as long as the owner had control. Vide Section 150(2) of the Madras City Municipal Act. The assessment by the Corporation is correct.


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