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march 1962

Supreme Court of India · 1962-03-26

CHAIRMAN OF THE MUNICIPAL COMMISSIONERS OF HOWRAH vs SHALIMAR WOOD PRODUCTS & ANOTHER.

Citation / case number
SC 1959/150
Court
Supreme Court of India
Petitioner
CHAIRMAN OF THE MUNICIPAL COMMISSIONERS OF HOWRAH
Respondent
SHALIMAR WOOD PRODUCTS & ANOTHER.
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that the extension of Section 386 of the Calcutta Municipal Act, 1923, to the Municipality of Howrah by Notification No. 260 M dated January 18, 1932, creates a modified version of the section applicable to Howrah. The Court ruled that Section 38 of the West Bengal Fire Services Act, 1950, does not repeal this modified Section 386, thus the respondent was required to obtain a license under it. The conviction under Section 488 was upheld, affirming the High Court's decision that the modified Section 386 was applicable to the Municipality of Howrah.

CHAIRMAN OF THE MUNICIPAL COMMISSIONERS OF HOWRAH vs SHALIMAR WOOD PRODUCTS & ANOTHER. · Niyam