1940 (6) TMI 18

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..... re convicted under Section 152 of the Bombay Municipal Boroughs Act, 1925, their offences consisting of having allowed hand-driven lorries containing fruit to remain for more than half an hour on a public street in Ahmedabad. The learned Sessions Judge was of opinion that the offences did not fall within Section 152. That Section provides that (1) Whoever in any area after it has become a municipa .....

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..... ys that the act of the accused amounted to setting up a stall. No doubt you may have a stall on wheels, but I am clearly of opinion that introducing into' a street a lorry on wheels with goods for sale upon it does not amount to setting up a stall within Section 152 (1) (a). In my opinion that Sub-section deals with making some form of addition or annexe, more or less permanent, to a building .....

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..... arly falls within the definition of vehicle contained in Section 3, Sub-section (21), of the Bombay Municipal Boroughs Act. The control of vehicles in streets is dealt with by the Bombay District Police Act. Whatever the powers of the police may be under that Act, I am of opinion that the learned Sessions Judge was right in the view he took that a vehicle does not fall within the mischief of Secti .....

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