- (1.) The Petitioner in this case is the manager of a Calcutta Cinema known as the Metro Theatre (Calcutta) Ltd. He is being prosecuted by the Corporation of Calcutta under Section 537 read with Rule 4(2), schedule 15 of the Calcutta Municipal Act, 1951.
(2.) Section 537 of the Act provides punishment for different offences made punishable under the Act including infraction of Rules occurring in the different schedules to the Act. In the present case the infringement relates to Rule 4(1) of schedule 15. That Rule reads as follows: 4(1) No person shall erect or maintain a sky-sign without the written permission of the Commissioner which shall not be granted unless the sign is so constructed and maintained as not to be dangerous to the public or likely to fall into any street or public place. 4(2) Every written permission granted under Sub-rule (1) shall continue in force for not more than one year from the date on which it was granted, and may be revoked at any time by the Commissioner if he considers that the sky-sign for which it was granted has become dangerous to the public or is likely fall into a street or public place.
(3.) Under Section 537 an infringement of Rule 4(1) entails punishment by way of a fine of Rs. 200 and the section also provides for imposition of a daily fine of Rs. 20.;