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T.T. Aroomooga Chetty and ors. Vs. President, Corporation of Madras - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.609
AppellantT.T. Aroomooga Chetty and ors.
RespondentPresident, Corporation of Madras
Excerpt:
madras city municipal act (mad. iii of 1904), sections 3(8), 322, 323 - storing iron without license, whether an offence under section 323. - - storing iron is not specified in the schedule as a dangerous or offensive trade and so does not come within the definitions of dangerous and offensive trades in section 3 (8) and (22) and there is no evidence before us that using a place for storing iron is using it for a purpose which in the opinion of the president of the madras corporation may endanger life, health or property.order1. the offence of which the accused have been convicted is storing iron in contravention of section 323 of the madras city municipal act, without such a license as is required to be taken out by section 322. it is not shown that under section 322 any license, is required to be taken out in the present case. storing iron is not specified in the schedule as a dangerous or offensive trade and so does not come within the definitions of dangerous and offensive trades in section 3 (8) and (22) and there is no evidence before us that using a place for storing iron is using it for a purpose which in the opinion of the president of the madras corporation may endanger life, health or property.2. the convictions were wrong and must be set aside and the fines and fees if levied must be refunded.
Judgment:
ORDER

1. The offence of which the accused have been convicted is storing iron in contravention of Section 323 of the Madras City Municipal Act, without such a license as is required to be taken out by Section 322. It is not shown that under Section 322 any license, is required to be taken out in the present case. Storing iron is not specified in the schedule as a dangerous or offensive trade and so does not come within the definitions of dangerous and offensive trades in Section 3 (8) and (22) and there is no evidence before us that using a place for storing iron is using it for a purpose which in the opinion of the President of the Madras Corporation may endanger life, health or property.

2. The convictions were wrong and must be set aside and the fines and fees if levied must be refunded.


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