C 37 , 1963 ( )KLT432 (SC ), [1964 ]2 SCR87 , ,MANU/SC/0032/1963
J.R. Mudholkar#K. Subba Rao#Raghubar Dayal#3148SC3150Judgment/OrderAIR#INSC#KLT#MANU#SCRJ.R. Mudholkar,SUPREME COURT OF INDIA2012-9-24Buying minor for purposes of prostitution, etc,Offences Affecting the Human Body,Adulteration of food or drink intended for sale,Offences Affecting The Public Health, Safety, Convenience, Decency and Morals,General,Implied Repeal,Expiry and Repeal of Statutes,General,Implied Repeal,Expiry and Repeal of Statutes,General,Implied Repeal,Expiry and Repeal of Statutes,Prior particular law and later general law,Implied Repeal,Expiry and Repeal of Statutes,General,Implied Repeal,Expiry and Repeal of Statutes,Prior particular law and later general law,Implied Repeal,Expiry and Repeal of Statutes,Prior particular law and later general law,Implied Repeal,Expiry and Repeal of Statutes,Interpretation of Statutes,Indian Penal Code -->
MANU/SC/0032/1963
IN THE SUPREME COURT OF INDIA
Civil Appeals Nos. 79 to 81 of 1961
Decided On: 14.02.1963
Appellants: Municipal Council Palai Vs. Respondent: T.J. Joseph and Ors.
Hon'ble Judges/Coram:
J.R. Mudholkar, K. Subba Rao and Raghubar Dayal JUDGMENT
J.R. Mudholkar, J.
1. The Municipal Council, Palai, the appellant before us, passed aresolution on September 12, 1958 providing for the use from October 1, 1958 ofa public bus stand constructed by it for stage carriage buses starting from andreturning to the municipal limits of Palai or passing through its limits. A feeRe. 1 per day was to be charged on every such bus and 50 nP. per day on buseswhich merely pass through the municipal limits. The resolution also prohibitedthe use after that date of any other public place or the sides of any publicstreet within Palai municipal limits as a bus stand or a halting place. At therequest of the bus operators the Municipal Council, by a resolution datedSeptember 24, 1958 reduced the rates from Re. 1 to 80 nP. per day and from 50nP. to 40 nP. per day. By a further resolution dated November 22, 1959 theMunicipal Council modified the resolution of September 12, 1958 and insteadimposed a prohibition on using as a bus stand or halting place a public placeor side of a public road within a radius of six furlongs from the Municipal busstand. Some of the operators who were using that bus stand did not pay thecharges due from them for the use of the bus stand. Demand notices were,therefore, issued against them. The respondent in this appeal, Joseph, as wellas the respondents in the other two appeals, Anthony and Eapen, Who wererecipients of such notices preferred writ petitions before the High Court ofKerala Challenging the validity of the action taken by the Municipal Counciland praying for quashing of the demand notices issued against them.
2. It may be mentioned that the various resolutions of the Municipal Councilto which we have adverted were passed by it in exercise of the powers conferredupon it by s. 286 and 287 of the Travancore District Municipalities Act, XXIIIof 1116 M.E. (which corresponds to A.D. 1941). Those provisions read thus :
"286 (1) The MunicipalCouncil may construct or provide public landing places, halting places andcart-stands and may levy fees for the use of the same.
(2) A statement in English and alanguage of the district of the fees fixed by the Council for the use of suchplace shall be put up in ........