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Commissioner, Municipal Council Vs. K.N. Damodara Mudaliar - Court Judgment

LegalCrystal Citation
SubjectCommercial
CourtChennai
Decided On
Reported in(1939)2MLJ815
AppellantCommissioner, Municipal Council
RespondentK.N. Damodara Mudaliar
Excerpt:
- orderlakshmana rao, j.1. the prosecution was for affixing cinema advertisements on vehicles and roadsides vested in the municipal council of vellore without licence, for which no period is specified and under the proviso to section 347 of the district municipalities act, the offence has to be deemed to be a continuing offence and the complaint may be made within twelve months from the commencement of the offence. the acquittal of the accused on the ground that the complaint is barred by limitation under section 347 of the act which requires complaints in other cases to be filed within three months is therefore untenable and it cannot be sustained. it is therefore set aside but the municipal council has its remedy in the civil court for the licence fee and a retrial is not called for.
Judgment:
ORDER

Lakshmana Rao, J.

1. The prosecution was for affixing cinema advertisements on vehicles and roadsides vested in the Municipal Council of Vellore without licence, for which no period is specified and under the proviso to Section 347 of the District Municipalities Act, the offence has to be deemed to be a continuing offence and the complaint may be made within twelve months from the commencement of the offence. The acquittal of the accused on the ground that the complaint is barred by limitation under Section 347 of the Act which requires complaints in other cases to be filed within three months is therefore untenable and it cannot be sustained. It is therefore set aside but the Municipal Council has its remedy in the Civil Court for the licence fee and a retrial is not called for.


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