High CourtsDivision Bench(1938) 02 MAD CK 0016

In Re: M.S. Ponnuswamy Aiyar

Madras High Court · Decided on 16 February 1938 · Citation: AIR 1938 Mad 535 : (1938) 47 LW 433 : (1938) 1 MLJ 485

HON’BLE JUDGES
Burn, J

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Judgment

9 paragraphs · 216 words

Burn, J.—The learned Joint Magistrate''s decision is in my opinion correct. He has quite properly declined to attempt a complete definition

of the term ""cart-stand"" as used in Section 270-E of the District Municipalities Act. He has confined his attention to the particular facts of the case

before him and has held that the petitioner''s shed at Tiruvarur is a cart-stand within the meaning of the Act. The finding is that the petitioner''s

buses are taken to the shed on arrival at Tiruvarur, that the passengers alight at the shed, and the new passengers for the return journey take their

seats in the buses there. The buses do actually ""stand"" in the shed; by this is meant not merely that they stop there for a shorter or longer time but

that they ""stand"" for the purposes of their owner''s business in the sense in which we use the word in the expressions ""cab stand"", ""taxi stand"", and

the like. There is nothing in the decisions quoted Queen-Empress v. Ayyakannu I.L.R.(1898) 21 Mad. 293 Queen-Empress v. Ayyakannu I.L.R.

(1899) 22 Mad. 455 and Public Prosecutor v. Mahomed Sheriff (1918) 36 M.L.J. 27 on the petitioner''s behalf that conflicts with the findings of

the lower Courts. I find no ground for interference in revision and dismiss this petition.