T VENKATASUBBIAH SETTY Vs. CORPORATION OF THE CITY OF BANGALORE
LAWS(KAR)-1966-1-17
HIGH COURT OF KARNATAKA
Decided on January 17,1966

T.VENKATASUBBIAH SETTY Appellant
VERSUS
CORPORATION OF THE CITY OF BANGALORE Respondents

JUDGEMENT

- (1.)The petitioner who was the accused in the trial Court, has been convicted by the Second City Magistrate, Bangalore of an offence under Section 376(1) red with Section 297(1) of the City of Bangalore Municipal Corporation Act and sentenced to a fine of Rs. 100 in default, to suffer simple imprisonment for one month.
(2.)The charge against the petitioner was that he was found running a soap factors on 15-9-1964 at No. 20 III Block. Jayanagar, Bangalore, without obtaining a licence from the Commissioner of the Corporation of the city of Bangalore for the year 1964-65 and there by committed an offence under Section 297 read with Section 376(1) of the City of Bangalore Municipal Corporation Act, 1949.
(3.)Sri Dayanand, learned counsel for the petitioner has urged before me three points: (1) Section 297 of the City of Bangalore Municipal Corporation Act, hereinafter referred to as the Act, is ultra vires as it infringes Article 19(1)(g) of the Constitution (2). As the complaint has been filed after the commission of the offence. It is barred by limitation as per Section 147 of the Art (3). The licence required under Section 297 of the Act is not for running a soap factory, but for the manufacture of soap by any process.


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