High CourtsSingle Bench(1905) 10 MAD CK 0007

Abu Baker vs The Municipality of Negapatam

Madras High Court · Decided on 16 October 1905 · Citation: (1906) ILR (Mad) 185

HON’BLE JUDGES
Subrahmania Ayyar, O.C.J.

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Judgment

7 paragraphs · 148 words

Subrahmania Ayyar, Officiating C.J.

1.

The convictions in these oases are clearly sustainable. The place where the fish or mutton was sold was originally a recognized market. It was

closed under orders in 1888. No license having since been granted for the use of the place as a market, the sales conducted by the accused, in

respect of which the charges are made, are punishable u/s 197 of the District Municipalities Act, if the use of the place which is private property

was as a market, i.e., as a public place for buying and selling, such being the meaning of the term ""market"" in law (see Bouvier''s '' Law

Dictionary,'' volume II, p. 316). Even if it were otherwise, the accused were guilty of an offence u/s 194, Clause (2), of the Act as they without

license sold ""flesh"" or fish ""intended for food."" The petitions are dismissed.