Skip to content


In Re: V. Sundaram Aiyar - Court Judgment

LegalCrystal Citation
SubjectCommercial
CourtChennai
Decided On
Reported in(1943)2MLJ107
AppellantIn Re: V. Sundaram Aiyar
Excerpt:
- - 2. if this be so, i am clearly of the opinion that the license must be held to cover also melting of the lead or the casting of types involved in the process of working the machine......prosecutor that there was nothing to show that the license held by, the accused covered the lino-type machine also, i think we must proceed on the footing that the license was granted to him under section 288 of the madras city municipals act for installing and working such a machine, among other machines, in connection with the printing press he has been running. not only did he say in his statement that the working of the lino-type machine had been licensed by the municipality, but the magistrate who convicted the accused proceeds on the basis that this allegation is correct.2. if this be so, i am clearly of the opinion that the license must be held to cover also melting of the lead or the casting of types involved in the process of working the machine. schedule vi cannot be.....
Judgment:
ORDER

Chandrasekhara Ayyar, J.

1. Though it was urged by the learned Crown Prosecutor that there was nothing to show that the license held by, the accused covered the lino-type machine also, I think we must proceed on the footing that the license was granted to him under Section 288 of the Madras City Municipals Act for installing and working such a machine, among other machines, in connection with the printing press he has been running. Not only did he say in his statement that the working of the lino-type machine had been licensed by the Municipality, but the Magistrate who convicted the accused proceeds on the basis that this allegation is correct.

2. If this be so, I am clearly of the opinion that the license must be held to cover also melting of the lead or the casting of types involved in the process of working the machine. Schedule VI cannot be literally read as applying to every case where lead is melted; for then, the storing, however small, of garlic, ghee and grass in a house might require a municipal license. Apart altogether from the question whether melting of lead of the kind involved in the present case did justify the insistence of a license, I think that the prosecution could be met by the short answer that, where the installation of the machine has been licensed, every process involved in the working of the machine must be deemed to have been licensed, unless there is something in the Act or in the rules justifying the demand of separate licenses. I am not able to find any provision warranting such a view being taken of the rights of the Municipality.

3. I could not however be understood as laying down the law generally and for all cases. Where the melting of lead even for lino-type machines is done on a huge commercial scale, the Municipal Council may be able to insist on a license. Where the machinery is not covered by a license already issued, probably they could ask for a license fee, not merely for authorising the installation of the machine but also for permitting the particular process of lead melting. But on the facts of this case, I am of the opinion that the conviction is not warranted. It is set aside and the fine, if paid, will be refunded.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //