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The Chingleput Municipal Council Represented by Its Chairman and anr. Vs. Ayyakanny Thambiran - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in103Ind.Cas.883
AppellantThe Chingleput Municipal Council Represented by Its Chairman and anr.
RespondentAyyakanny Thambiran
Excerpt:
madras district municipalities act (v of 1920), section 98 - motor-bus plying for hire in municipality in fixed route, whether 'carriage let out for hire'. - victor murray coutts trotter, c.j.1. in my opinion this motor-bus which plied for hire up and down the municipality was clearly a carriage let out for hire within the municipality on the true construction of section 98 of the district municipalities act, and i really fail to understand how anybody could be supposed to feel any doubt about it. the mere fact that it is let out to several people instead of to one or that it travels on 'a fixed route instead of being at the beck and call of any one of the numerous or all the numerous hirers makes no difference whatever. this appeal must be allowed and the plaintiffs suit dismissed with costs throughout.
Judgment:

Victor Murray Coutts Trotter, C.J.

1. In my opinion this motor-bus which plied for hire up and down the Municipality was clearly a carriage let out for hire within the Municipality on the true construction of Section 98 of the District Municipalities Act, and I really fail to understand how anybody could be supposed to feel any doubt about it. The mere fact that it is let out to several people instead of to one or that it travels on 'a fixed route instead of being at the beck and call of any one of the numerous or all the numerous hirers makes no difference whatever. This appeal must be allowed and the plaintiffs suit dismissed with costs throughout.


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