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In Re: A. Venkataraghava Aiyar - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1941)2MLJ348
AppellantIn Re: A. Venkataraghava Aiyar
Excerpt:
- - 1. the petitioner has been convicted--and the conviction has been upheld in appeal--under section 193 of the local boards act, read with section 207 and schedule vii, for failure to obtain a license for storing and selling firewood during the year 1939-1940 within the limits of the panchayat board of uttaramerur and he has been fined rs......has been convicted--and the conviction has been upheld in appeal--under section 193 of the local boards act, read with section 207 and schedule vii, for failure to obtain a license for storing and selling firewood during the year 1939-1940 within the limits of the panchayat board of uttaramerur and he has been fined rs. 5.2. schedule vii of the local boards act, unlike schedule vi of the city municipal act, does not require that a license should be taken out for storing firewood. it was unnecessary therefore for the petitioner to have taken out a license; and by not taking out a license he committed no offence in storing firewood. whether he could sell firewood without a license may depend on whether by doing so he was exercising a trade. but this case did not turn on that. it.....
Judgment:
ORDER

Horwill, J.

1. The petitioner has been convicted--and the conviction has been upheld in appeal--under Section 193 of the Local Boards Act, read with Section 207 and Schedule VII, for failure to obtain a license for storing and selling firewood during the year 1939-1940 within the limits of the Panchayat Board of Uttaramerur and he has been fined Rs. 5.

2. Schedule VII of the Local Boards Act, unlike Schedule VI of the City Municipal Act, does not require that a license should be taken out for storing firewood. It was unnecessary therefore for the petitioner to have taken out a license; and by not taking out a license he committed no offence in storing firewood. Whether he could sell firewood without a license may depend on whether by doing so he was exercising a trade. But this case did not turn on that. It was assumed that a license was necessary for storing firewood and both Courts seem to have been under a misapprehension on that point. The conviction is therefore set aside and the fine refunded.


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