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Mewa Ram vs Emperor Through Municipal Board

High Court Of Judicature at Allahabad|01 September, 1942


ORDER Allsop, J.
1. These are two references made by the learned Sessions Judge of Agra in which he has asked this Court to set aside one fine of Rs. 4 and another fine Rs. 2-8-0. It seems to me somewhat absurd to waste the time of this Court on matters of such little importance. The question only is whether a particular cart which was apparently licensed by the municipality could be said to have been kept or plied for hire within the municipality. The question arose because the cart was over-loaded according to the municipal by-laws. Learned Counsel on behalf of a person who was convicted says that the words 'for hire' must be read with the word 'kept' as well as with the word 'plying.' I can see no reason for holding that this must be so. The expression 'kept for hire' does not seem to me to be very natural. I should think, the meaning clearly is that all carts either kept in the municipality or kept outside but plying for hire in the municipality, are liable to be licensed. This particular cart was in fact licensed, and one of the terms of the license was, according to the rules, that it should not carry a weight of more than 30 maunds. I see no reason to interfere with the decision of the trial Court. The reference is rejected. The papers may be returned to the Court below.
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Mewa Ram vs Emperor Through Municipal Board


High Court Of Judicature at Allahabad

01 September, 1942