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1956 Supreme(AP) 238

KUMARAYYA
VIJAYA PRAKASH CHELLA BALWANT GIRJI – Appellant
Versus
HYDERABAD MUNICIPAL CORPORATION – Respondent


Judgement:-

Kumarayya, J.

[1] This is a Revision Petition against the Older of the Municipal Magistrate, Hyderabad. Vijaya Prakash, as the proprietor of Chandra Bhan Hotel, Begum Bazar, was prosecuted for breach of Rules 3 and 7 of Kawaid Darulttam but was sentenced for contravention of bye-law 8 read with Rule 11 of Kawaid Darulttam Hotel, to a fine of Re. 0-8-0 daily from 8th September, 1955 till the date of judgment by the Municipal Magistrate, Hyderabad. Several pleas were raised before the Magistrate, during the course of the proceedings, It was alleged inter alia that the Municipal Court had no jurisdiction as Vijaya Prakash happens to be a minor. The Court below observed that on a previous occasion Chandra Bhan had appeared before the Court and paid the fine without any demur, and even in the present case he is attending the Court as the guardian, and as such he would be responsible for consequences. With these observations, the learned Magistrate sentenced Vijaya Prakash as detailed above.

[2] That Vijaya Prakash is a minor is apparent from the record. His guardian who is alleged to be in charge of the management of the hotel is said to have been attending the Court. The proc



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