1. Street trading received judicial recognition by the Supreme Court of India in case reported as Sodan Singh v. New Delhi Municipal Committee AIR 1989 SC 1988. The practice as prevalent in England was taken note of paragraphs 427 and 428 of Halsburys Laws of England Edition IV Vol 40, were quoted. These paras are noticed again :

"427-Adoption of street trading code and designation of streets. A district council may resolve that the street trading code is to apply to its district as from as specified day. Where it has done so, it may by resolution designate any street in its district as a prohibited street in which street trading is prohibited, a licence street in which street trading is prohibited without a licence granted by the district council or a consent street in which street trading is prohibited without its consent."

"428-street trading licences. Application for grant or renewal of a street trading licence under the street trading code may be made by any person aged seventeen or over in writing to the district council. The council is under a duty to grant the application unless it considers that it ought to be refused on one or more of the following grounds:-

(1) That there is not enough space for the applicant to trade without causing undue interference or inconvenience to street users;

(2) That there are already enough traders trading in the street from shops or otherwise in the particular goods;

(3) That the applicant desires to trade on fewer than the minimum number of days resolved on by the council;

(4) That by reason of some conviction or otherwise he is unsuitable.

(5) That he has been licensed by the council but has persistently refused or neglected to pay its fees or charges;

(6) That he has been granted a street trading consent by the council but has refused or neglected to pay its fees;

(7) That he has without reasonable excuse failed to avail himself to a reasonable extent of a previous licence.

The licence specifies the street in which days on which and times between which and describes the articles in which, the licence holder is permitted to trade, and may contain such subsidiary terms as the council thinks reasonable. Unless previously revoked or surrendered, it remains valid for twelve months or such period as is specified in it, although if the council resolves that the street be designated a prohibited street the licence ceases to be valid when the resolution takes effect. The council may at any time revoke a licence on grounds similar to heads (1), (4), (5) and (7) above, and the licence holder may at any time surrender his licence to the council.

On receiving an application for the grant or renewal of a licence, the council must with in a reasonable time either grant the licence as applied for or serve on the applicant a notice specifying with its grounds, its proposal to refuse the application to grant a licence on different principal terms, to grant a licence limited to a particular place in a street, to vary the principal terms or to revoke a licence and stating that with in seven days of receiving the notice the applicant may by written notice require the council to give him the opportunity of making representations. In this case the council may not determine the matter untill either the applicant has made representations or the time for doing so has elapsed or the applicant has failed to make the representations which he required the council to allow him to make.

A person aggrieved by certain refusals or decisions of a council may appeal to a Magistrates Court and appeal from the Magistrates decision lies to the crown court. The council must give effect to the courts decision.

If a licence holder applies for the renewal of a licence before it expires, the old licence remains valid until a new licence is granted or during the time for appealing or whilst an appeal is pending and where a council decides to vary the principal terms of a licence or to revoke it, the variation or revocation does

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