Judgment

WANCHOO, J.: This is an appeal on a certificate granted by the Calcutta High Court. The respondent, the Calcutta Tramways Co. Ltd. is running tramears in the city of Calcutta. It gets electricity in bulk from the Calcutta Electric Supply Company and gets the same converted from alternate current to direct current at a high voltage for electric traction for running tramcars, of the company. For this purpose it has an electric transformer house in 129/4-A and 130-D, Cornwallis Street. The appellant Corporation was of opinion that the premises were being used for a purpose which was dangerous to life, health or property and was likely to create a nuisance. It therefore, ordered the respondent to take out a licence under S. 437 (1)(b) of the Calcutta Municipal Act No. XXXIII of 1951, (hereinafter referred to as the Act) and fixed a fee therefor. The respondent however refused to take out a licence and consequently it was prosecuted under S. 537 of the Act. The respondent raised a number of points in defence, namely, (i) that the prosecution had not been properly filed; (ii) that the electric transformer house was neither a factory nor a place of trade, nor a place of public res