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Sawmi Chetty Vs. the Corporation of Madras - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in18Ind.Cas.271; (1912)23MLJ591
AppellantSawmi Chetty
RespondentThe Corporation of Madras
Excerpt:
madras city municipal act (iii of 1904), section 176, sch v. class iii - question of law--whether money-lender included in dealer of every description. - ordersadasiva aiyar, j.1. the question whether a moneylender comes within the expression 'dealers of every description' in class iii of the vth schedule to the city municipal act, is a question of law and the magistrates were under section 176 of the act bound to have referred that question to the high court on the application of petitioner (who was the appellant before them).2. their order refusing to make the reference is set aside and they, are directed to make the reference.
Judgment:
ORDER

Sadasiva Aiyar, J.

1. The question whether a moneylender comes within the expression 'dealers of every description' in class III of the Vth Schedule to the City Municipal Act, is a question of law and the Magistrates were under Section 176 of the Act bound to have referred that question to the High Court on the application of petitioner (who was the appellant before them).

2. Their order refusing to make the reference is set aside and they, are directed to make the reference.


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