The main legal point established in the judgment is the determination of what constitutes an advertisement under the Mumbai Municipal Corporation Act, relying on definitions, previous judgments, and the specific circumstances of the case.

Headnote:
Advertisement - Illuminated Neon Signboard - Mumbai Municipal Corporation Act, 1888, Section 328, 328-A - The court discussed the definition of advertisement under the Act, the distinction between illuminated advertisements and sky-signs, and the factors to consider in determining whether a signboard constitutes an advertisement. The court relied on previous judgments and various definitions of advertising to conclude that the illuminated neon signboard in question is indeed an advertisement.
Fact of the Case:

The respondent displayed an illuminated neon signboard for her restaurant, which the appellant Municipal Corporation for Greater Mumbai considered as an advertisement without permission. The court was tasked with determining whether the signboard constituted an advertisement under the Mumbai Municipal Corporation Act.
Finding of the Court:

The court found that the illuminated neon signboard was intended to call the attention of customers to the restaurant and therefore constituted an advertisement. The court allowed the appeal and set aside the order of the learned Single Judge.
Issues: The main issue was whether the illuminated neon signboard displayed by the respondent constituted an advertisement under the Mumbai Municipal Corporation Act.
Ratio Decidendi: The court relied on the definition of advertisement under the Act, the distinction between illuminated advertisements and sky-signs, and previous judgments to determine that the illuminated neon signboard was indeed an advertisement.
Final Decision: The court allowed the appeal, setting aside the order of the learned Single Judge, and there was no order as to costs. The corporation agreed not to take any coercive recovery steps for a period of six weeks.

JUDGMENT - S.A. BOBDE, J.:---This appeal is against the judgment and order dated 14th February, 2001 by which the learned Single Judge has held that illuminated neon signboard displayed by the respondent on her restaurant does not amount to an advertisement as contemplated under sections 328 and 328-A of the Mumbai Municipal Corporation Act, 1888.

2. The respondent runs a restaurant by the name "ASHOK RESTAURANT AND BEER BAR". Above the entrance of the restaurant is a neon sign board. This sign board is approximately 3 x 4 and is wider than the entrance. The sign board bears the word "ASHOK" in the centre: a little below, on left side is the word "RESTAURANT" and to the right words "BEER BAR". Between these two is an artistic sign depicting two hands joined in the traditional "Namaste". The whole thing is an illuminated neon sign board.

3. The only question before us is whether the appellant Municipal Corporation for Greater Mumbai was right in treating the said illuminated neon signboard as an advertisement within the meaning of section 328-A of the Act and therefore entitled to initiate action against the respondent for displaying such a sign board without its permission. The relevant extract of section 328-A of the Mumbai Municipal Corporation Act reads as follows :---

"328-A. Regulation and control of advertisements.---(1) No person shall, without the written permission of the Commissioner, errect, exhibition, fix or retain any advertisement whether now existing or not, upon any land, building, wall, hoarding or structure where an advertisement depicts any scene from a cinematographic film, stage play or other stage performance, such permission shall not be granted, unless prior scrutiny of such advertisement is made by the Commissioner and he is satisfied that the erection or exhibition of such advertisement is not likely to offend against decency or morality;

Provided that, the power of the Commissioner under this sub-section shall be subject to the regulations framed in this behalf.

Provided always that any permission under this section shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which---

(a) is exhibited within the window of and building:

(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to and sale or letting of such land or building or an effects therein, or to any sale, entertainment or meeting to be held upon or in the same; or to the trade or business carried on by the owner of any tram-car, omnibus or other vehicle upon which such advertisement is exhibited:

(d) ..............."

4. Under "The policy guideline on grant of permission for display of advertisements by means of hoardings, neon-signs, balloons, etc.", advertisement is defined under "C" as follows :---

C. - STATUTORY PROVISIONS:

1. ................

2. ................

3. Advertisement may be taken to mean any device or representation put up on any premises in the nature of advertisement, announcement or direction by means of word, letter, model or sign and which is visible from some point of any street, and includes posters, hoardings, illuminated signs, direction boards, boards on moving handcarts, cars, show-room etc. leading to conveying a message."

5. Before we decide the scope of the term advertisement and whether the neon sign board of the respondent is an advertisement, we must make it clear that an advertisement is something different from sky-sign which is governed by section 328 of the Mumbai Municipal Corporation Act. Sky-sign has been defined by that section to mean "any word, letter, model, sign device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard framework or other support wholly or in part upon or over any land, building or structure which, or any part of which sky-sign shall be visible against the

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