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1952 Supreme(Ker) 49

SUBRAMONIA.IYER
Mathai – Appellant
Versus
Aippu Yojakku – Respondent


Judgment :-

1. The only question arising in this revision petition which is filed by the defendant against the decree in a Small Cause Suit for prize money in a chitty is whether his default in obtaining a licence to conduct the chitty under S. 7 of the Travancore Chitties Act, XXVI of 1120 will secure him immunity from liability to pay.

2. There are two sections, Nos. 6 and 7 in the said Act relating to the conduct of chitties. They read as follows:

"6. [1] No chitty shall, after the commencement of this Act, be conducted unless it is registered in accordance with the provisions of this Act.

[2] Whoever contravenes the provisions of Sub-s. [1] shall be liable to a fine which may extend to five hundred rupees.

7. [1] Notwithstanding anything contained in S. 6, the provisions of this Act shall not apply to a chitty if the chitty amount or the value thereof is less than one hundred rupees:

Provided however, that no person shall conduct such a chitty, without taking a license in such manner and subject to such conditions as may be prescribed by Our Government.

[2] Whoever conducts a chitty of the class specified in Sub-s. [1] without taking a license as provided there in or violates any of











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