JUDGMENT - Y. S. TAMBE J.:

The aforesaid applications will be disposed of by this judgment. In our opinion, it would be convenient to dispose of all these applications by this common judgment, as they arise out of the same set of facts culminating in the passing of re-solution No. 77 on 28-3-1958 and the action taken by the Corporation thereafter. The respondent in all the aforesaid applications is the Corporation of the City of Nagpur, hereinafter referred to as the Corporation.

(2) Facts giving rise to these applications are The Corporation was constituted on 2-3-1951 under the City of Nagpur Corporation Act, 1948 (Central Provinces and Berar Act No. II of 1950) hereinafter referred to as the Act. Since that date, i.e. 2-3-1951, cavil administration of the City of Nagpur is con ducted and managed by the Corporation under the provisions of the Act. Prior to that date, civil ad ministration of the City of Nagpur was conducted and managed by the Municipal Committee of Nagpur under various Municipal Acts passed from time to time, the first one was passed in the year 1864 and the last one being the Central Provinces and Berar Municipalities Act II of 1922, hereinafter referred to as the Municipalities Act.

(3) For the purpose of administration, the municipality of Nagpur had, divided itself into two committees, the City Municipal Committee and the Civil Station Sub-Committee. Each of the two Committees exercised jurisdiction over certain defined

areas and each of them had made its own byelaws. The byelaws with which we are concerned how ever are very similar and we would be referring to the byelaws framed by the City Municipal Committee of Nagpur.

(4) It is not in dispute that in the City of Nagpur sale of meat and the markets in which meat was sold were under the control of and were regulated by the aforesaid municipal committees in accord ance with the provisions of the Municipalities Act and the byelaws made thereunder. The provisions of the Municipalities Act under which the byelaws were made for the inspection of meat markets as well as stalls and for regulating the sale or exposure for sale of meat within the municipal area of Nag pur were section 179 (1), (b-1), (d) and (cc), section ISO (a), (b) (c), (d) and (g) and section 178 (5) of the Municipalities Act. The Byelaws which were in force on the date the Corporation was constitu ted were those made by the Civil Station Sub-Committee under the aforesaid sections on 3-8-1932 and those made by the City Municipal Committee under the aforesaid sections on 25-7-1939. Sub-sec tion (2) of section 3 of the Corporation Act provides that every byelaw made under the Central Provinces and Berar Municipalities Act, 1922, shall, so far as it relates to the Municipality of Nagpur and so far as it is in force at the commencement of, and is not inconsistent with, this Act, be deemed to have been made, under the provisions of this Act and shall unless previously altered, modified, cancelled or suspended, as the case may be, under this Act remain in force for the period, if any, for which it was so made. The aforesaid byelaws thus became byelaws under the Corporation Act and were in force at the material time.

(5) As already stated the byelaws of both the committees are similar and we would be referring only to the byelaws of the City Municipal Committee. These byelaws are at page 91 of Part III of the Book styled as "Corporation of the City of Nagpur Byelaws framed by the Nagpur Municipal Committee", and in the preface of this Book the Chief Executive Officer has announced that these, bye laws unless they are repugnant to the present Act

will continue in force till new byelaws are framed under the City of Nagpur Corporation Act, 1948 (II of 1950).

(6) It would be convenient to refer to some of the byelaws which are material for the purpose of these cases. Byelaw No. 1 provides that the committee shall, with the sanction of the Deputy Com missioner, from time to time, fix a place or places to be us

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