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Superintendent and Remembrancer of Legal Affairs, Bengal Vs. J. S. Mull - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1921Cal469,66Ind.Cas.428
AppellantSuperintendent and Remembrancer of Legal Affairs, Bengal
RespondentJ. S. Mull
Excerpt:
licensed ware-house and fire-brigade act (i of 1893), section 7, 15 - chairman, power of, delegation of--order by vice-chairman, validity of--bengal municipal act till of 1884), section 45--application not disposed of within 30 days, effect of. - .....with having committed an offence punishable under section 15 of the licensed ware house and fire brigade act, 1893 which provides a penalty for any person who uses any building or plate as a ware-house in respect of which a license has been refused. a preliminary objection has been taken whish is fatal to this appeal. the act provides that the refusal of an application for license shall, under section 7, be by an order in writing under the hand of the chairman of the commissioners. in the present ease, the order of refusal was passed by the vise chairman. although under section 45 of the bengal municipal act, iii (b. c.) of 1884, the chairman may delegate his duties or powers to the vice chairman, the powers he can so delegate are the powers as defined by that act. he cannot by.....
Judgment:

1. This is an appeal against an acquittal. The respondent J. S. Mall was charged with having committed an offence punishable under Section 15 of the Licensed Ware house and Fire brigade Act, 1893 which provides a penalty for any person who uses any building or plate as a ware-house in respect of which a license has been refused. A preliminary objection has been taken whish is fatal to this appeal. The Act provides that the refusal of an application for license shall, under Section 7, be by an order in writing under the hand of the Chairman of the Commissioners. In the present ease, the order of refusal was passed by the Vise Chairman. Although under Section 45 of the Bengal Municipal Act, III (B. C.) of 1884, the Chairman may delegate his duties or powers to the Vice Chairman, the powers he can so delegate are the powers as defined by that Act. He cannot by virtue of that section delegate to the Vise-Chairman his powers under the Licensed Ware-house and Fire brigade Act. That Act provides in Section 9 for the delegation of the powers of the Chairman to a Special Committee but makes no provision for delegation to the Vice-Chairman. We must consequently hold that the prosecution was bound to fail as there was no refusal of the application for license in accordance with this Act.

2. We are requested by the learned Deputy Legal Remembrancer to point oat an error in the judgment of the Trying Magistrate. He has held that Section 7 of the Fire brigade Act requires that any application for license shall be disposed of within thirty days from the date of its being received by the Chairman and, if not disposed of within that period, the applicant shall not be liable. Thin, as stated, is wrong, because, if the application is not disposed of within thirty days, the applicant is only exempted from liability so long as the application is not finally refused.

3. The appeal is dismisse.


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