High CourtsDivision Bench(1938) 08 MAD CK 0021

Commissioner, Municipal Council vs K.N. Damodara Mudaliar

Madras High Court · Decided on 17 August 1938 · Citation: (1939) 50 LW 524 : (1939) 2 MLJ 815

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

6 paragraphs · 133 words

Lakshmana Rao, J.—The prosecution was for affixing cinema advertisements on vehicles and roadsides vested in the Municipal Council of

Vellore without licence, for which no period is specified and under the proviso to Section 347 of the District Municipalities Act, the offence has to

be deemed to be a continuing offence and the complaint may be made within twelve months from the commencement of the offence. The acquittal

of the accused on the ground that the complaint is barred by limitation u/s 347 of the Act which requires complaints in other cases to be filed within

three months is therefore untenable and it cannot be sustained. It is therefore set aside but the Municipal Council has its remedy in the Civil Court

for the licence fee and a retrial is not called for.