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Siva Bushana Mudaliar Vs. the President, Panchayat Board - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1936Mad204; (1936)70MLJ113
AppellantSiva Bushana Mudaliar
RespondentThe President, Panchayat Board
Cases ReferredCannanore v. Anandam I.L.R.
Excerpt:
- .....seems to me that the principle of the ruling reported in alampelh krishnan v. municipal prosecutor : air1926mad430 and municipal council, cannanore v. anandam i.l.r.(1927) 51 mad. 601 : 54 m.l.j. 454 where it is held that hand looms are not 'machinery' requiring the issue of a license can easily be extended to the present case where there is a printing press worked entirely by hand. clause (p) of schedule vii of the madras local boards act therefore will not apply. it is argued that clause (q) applies as the running of this printing press is 'dangerous to human life'. such a contention seems to me an absurd exaggeration. clause (q) also does not apply. this petition is therefore allowed, and as the local board had in my opinion no authority to demand any license fee from the petitioner.....
Judgment:
ORDER

King, J.

1. It seems to me that the principle of the ruling reported in Alampelh Krishnan v. Municipal Prosecutor : AIR1926Mad430 and Municipal Council, Cannanore v. Anandam I.L.R.(1927) 51 Mad. 601 : 54 M.L.J. 454 where it is held that hand looms are not 'machinery' requiring the issue of a license can easily be extended to the present case where there is a printing press worked entirely by hand. Clause (p) of Schedule VII of the Madras Local Boards Act therefore will not apply. It is argued that Clause (q) applies as the running of this printing press is 'dangerous to human life'. Such a contention seems to me an absurd exaggeration. Clause (q) also does not apply. This petition is therefore allowed, and as the Local Board had in my opinion no authority to demand any license fee from the petitioner the order requiring him to pay it is set aside.


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