Law:

Section:

ACT: Municipality-Business premises within municipal limits Whole of premises licensed as warehouse under Fire Prevention Scheme-Power of Municipality to require a license-West Bengal Fire Services Act, 1950 (W. B. 18 of 1950) Bengal Municipal Act, 1932 (Ben. 15 of 1932), s. 370-Calcutta Municipal Act, 1923 (Ben. III of 1923) s. 330 (1) (b), 488, 540, 541, 542. HEADNOTE: The respondent company was prosecuted for using the premises within the Municipality of Howrah without a license as required under s. 386 of the Calcutta Municipal Act 1923, as extended to the Municipality of Howrah by Notification No.260 M dated January 'A 8, 1932, under ss. 540 and 541 of the Act. The Bengal Municipal Act, 1932, also stood repealed qua the municipality of Howrah under s. 542 of the Act from the date of such extension. The defence of the respondent was that the premises had been licensed as a warehouse under the West Bengal Fire Service Act, 1950, and consequently, because of s. 38 of the Fire Services Act, s. 386 of the Act stood repealed and the respondent was not required to takeout another license under the said s. 386. The respondent was however convicted under s. 488 of the Act. In appeal the Sessions Judge reduced the sentence and fine. The appellant took a revision to the High Court. The High Court held inter-alia that s. 38 of the Fire Service Act was applicable to the Howrah Municipality. Therefore, while it may be necessary to take out a license under s. 386 (1) of the Act, no part of the premises would be liable for any charge of fees for granting a license. The appellant cameup in appeal by special leave to the Supreme Court. Held, that the effect of extension of s. 386 of the Calcutta Municipal Act, 1923, by notification No. 260 M dated .January 18, 1932, under s. 540 and s. 541 of the Act, o the Municipality of Howrah is that an amended Act with s.386 is applicable to the Municipality of Howrah and not s.386 of the Calcutta Municipal Act, 1923.Although s. 38 of the West Bengal Fire Services' Act extends to the whole of Bengal and to the extent there set it, repeal s. 386 of the calcutta Municipal Act which48applies to the Corporation of Calcutta and s. 370 of…

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