- (1.) This Rule is directed against an order of the 4th Municipal Magistrate, Calcutta, convicting the Petitioner under Section 541 of the Calcutta Municipal Act, 1951 and sentencing him to pay a fine of Rs. 40 in default to suffer simple imprisonment for six weeks.
(2.) The case against the Petitioner was that he had been carrying on the trade of a retail shop-keeper in a room of premises No. 88A, Dharamtolla Street, during the year 1954-55 without taking out a license under Section 218 of the Calcutta Municipal Act. A complaint was filed on July 1, 1955 and the Petitioner was summoned to answer the allegation made against him.
(3.) The defence was that he was not liable to pay the sum of Rs. 24 which was claimed by the Municipality as being payable by him. His case further was that the proceedings instituted against him were barred by limitation.;