9911796707
TMI Blog2002 (4) TMI 894X X X X Extracts X X X X X X X X Extracts X X X X ..... lso inclusive of all and every part of such pole, post, standard frame work or other support. Coming to the ordinary meaning of the words noticed by the High Court, 'Advertisement', 'Announcement' and 'Direction' used in the statutory provision under consideration, we find the High Court to have adopted a hyper-technical approach, altogether. In common parlance, 'advertisement' means to make publicly known an information by some device and to draw or attract attention of public/individual concerned to such information. It need not necessarily be to sell only or solely for commercial exploitation. The consequences of our allowing the appeal and ordering the dismissal of the writ petition filed by the respondent would result in the restoration of the proceedings instituted before the Criminal Court for prosecuting the respondent under Section 471 of the Act or with a liberty to institute or pursue the same further. The fact that the respondent succeeded before the learned Single Judge and the Division Bench would at any rate go to show that the respondent had no culpable or guilty mind to violate or evade compliance and that the respondent seems to have entertained a genuine be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tisement requiring permission under the provision of the Act, noticed above, the respondent addressed letters dated 30.1.75 and 19.3.75 intimating their stand to that effect to the appellant-Corporation but the authorities of the Corporation by their letter dated 29.9.75 insisted that the permission was necessary for displaying such boards as they also constituted an announcement or direction. Since in spite of the same, the respondent stuck to its stand and did not obtain permission, the appellant-Corporation launched criminal proceedings for committing offence under Section 471 read with the provisions noticed above. The respondent at this stage filed Miscellaneous Petition No.1380 of 1976 seeking for appropriate writ directing the corporation to withdraw or cancel those complaints and to forebear the corporation from taking any action against the respondent under Section 328 or 328A of the Act in respect of the boards erected by them as referred to above. On a consideration of the submissions of the respective parties, the learned Single Judge of the Bombay High Court by his judgment dated 15.2.80 sustained the claim of the respondent by accepting the stand taken that the boar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Single Judge. The Division Bench of the High Court, before which the matter was pursued by the appellant-Corporation, substantially agreed with the conclusions of the learned Single Judge, though a different approach was adopted as to the interpretation placed on the word 'advertisement' in the statutory provision. It was of the view that though the insignia such as the one in question tells the members of the public that what is sold at the petrol pump is not only the petrol but the petrol of a particular company, there being nothing for the consumer public to choose between petroleum products manufactured and sold by different companies, the installation does not constitute an advertisement within the meaning of the word as used in the statutory provision in question in the absence of any commercial exploitation underlying the same, which, according to the Division Bench, is the normal purpose of an advertisement. On the view that the primary or the dominant object of the signboard in question is only to indicate to the consumer the place where the product or service is available and to guide him to that place the sign will not amount to an advertisement and the me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fication made available by the learned counsel for the appellant-Corporation, which contained the schedule of fees, the learned counsel for the respondent reiterated the stand that the contemporaneous understanding by the authorities of the Corporation also support the stand of the respondent that only advertisement or those in the nature of advertisement alone that are attracted by the provision contained in Sections 328 and 328A of the Act. This submission, in our view, only overlooks the use of both the words `Advertisement' and `Sky-sign' simultaneously meaning, perhaps the multiple purpose and use of these words - That apart, such notifications published with reference to the Head of Accounts, to which the collections were to be credited to for budgetary purposes, can be of no guide whatsoever in respect of the construction to be placed on these words. Though, the relevant statutory provisions concerned are Section 328/328A of the Act, the issues raised before us have to be considered and decided mainly on the scope of the sub Section (3) of Section 328 of the Act, which reads as follows: "(3). If any sky-sign be erected, fixed or retained contrary to the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clopedia Britannica and the Words and phrases: permanent edition of West Publishing Company and it is unnecessary to repeat them once again, herein. Reference has also been made to the portions of the judgments where observations came to be made about the principles underlying the doctrine of 'Ejusdem Generis and Noscitur A Sociis' and their relevance and application to the case on hand. The principle underlying 'Noscitur A Sociis' is that, two or more words which are susceptible of analogous meaning when are coupled together are to be understood as used in their cognate sense, taking, as it were, their colour from each other, that is, the more general is to be restricted to a sense analogous to the less general. The principle underlying 'Ejusdem Generis' is applied when the statutory provision concerned contains an enumeration of specific words, the subject of the enumeration thereby constituting a class or category but which class or category is not exhausted at the same time by the enumeration and the general term follows the enumeration with no specific indication of any different legislative intention. This rule which normally envisage words of general nature following specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r licensing is incidental and necessarily required to properly and effectively enforce the regulations and the levy and collection of fee also ultimately seem to achieve the same purpose. The statutory provisions seem to have been thus enacted with a laudable public purpose and the definition is also not only inclusive in nature but the enumeration of the various nature of fixtures, the manner and methods adopted therefor, as also the obvious and ostensible object of such fixtures/installations found specified therein, under the scheme of things, are found to be with the intention of making the provision an all inclusive one to cover or rope in all possible things and not to operate in a manner to bring about any limitation on their scope, and that too to render the very provision otiose, redundant and meaningless. Coming to the ordinary meaning of the words noticed by the High Court, 'Advertisement', 'Announcement' and 'Direction' used in the statutory provision under consideration, we find the High Court to have adopted a hyper-technical approach, altogether. In common parlance, 'advertisement' means to make publicly known an information by some device and to draw or attract at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent in the High Court. The consequences of our allowing the appeal and ordering the dismissal of the writ petition filed by the respondent would result in the restoration of the proceedings instituted before the Criminal Court for prosecuting the respondent under Section 471 of the Act or with a liberty to institute or pursue the same further. The fact that the respondent succeeded before the learned Single Judge and the Division Bench would at any rate go to show that the respondent had no culpable or guilty mind to violate or evade compliance and that the respondent seems to have entertained a genuine belief that they are not bound by the provisions contained in Section 328/328A of the Act. Therefore, instead of allowing the restoration of the earlier launched criminal proceedings and/or before allowing the appellant-Corporation to pursue further action under Section 471 of the Act, taking into account the fact that the respondent is a public authority, which seemed to have seen vindicating its rights genuinely, we consider it just and proper to direct the appellant-Corporation to issue an appropriate notice intimating the respondent details as to the liability monetarily tow ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
