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1961 Supreme(Guj) 11

A.R.BAKSHI, J.M.SHELAT
STATE OF GUJARAT – Appellant
Versus
DOHANA JAMNADAS – Respondent


Advocates Appeared: H.K.THAKORE, N.C.TRIVEDI

J. M. SHELAT, J.

( 1 ) MR. Trivedi however raised a point of law and contended that the ladies waiting room at this railway station cannot be said to be a plane to which the public have or are permitted to have access and therefore sec. 12 of the Act would have no application. He argued that Male passengers are excluded though they have railway tickets with them from entering this room and an entry into this room by a male passenger even with a railway ticket of the necessary class is prohibited and made punishable under sec. 119 of the Railways Act. A section of the public having been thus excluded from the use of this room would preclude the ladies waiting room from being a place to which the public have or are permitted to have access He contended that if the Legislature wanted the word public also to include a section of the public viz. only the female passengers with railway tickets of the necessary class the Legislature would have used the words the public or a section of the public. That not having been done we would not be justified to treat the ladies waiting room at this station as a place to which the public have or are permitted to have access. It is clear from sec. 12 t



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