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1941 Supreme(Mad) 418

HAPPELL
United Motors Coimbatore, Limited, by its managing Agent Mr. G. D. Naidu – Appellant
Versus
The Palghat Municipal Council – Respondent


JUDGMENT

Happell, J.

1. The appellant, the United Motors (Coimbatore), Ltd., was the plaintiff in O.S. No. 37 of 1937, in the Court of the Subordinate Judge of Palghat. The suit was for the recovery of Rs. 10,000 as damages for wrongful attachment of a bus and was brought in these circumstances. The appellant Company owned a number of buses, which plied between Palghat and Coimbatore and back again. The Company had a garage in Palghat and, it would appear, waiting rooms and other conveniences for passengers adjoining the garage. Up to the latter part of 1936, the buses started from the garage where passengers got on to them and returned to the garage where the passengers alighted. This was the position until the end of 1936. Under Rule 27(D) of the Motor Vehicles Rules the Commissioner of Police in the-City of Madras and the District Superintendent of Police, elsewhere may fix starting places and termini between which motor buses shall be permitted to ply for hire within their respective jurisdictions. The rule further provides that when such places have been fixed every motor bus shall start on its forward and return journeys only from such places and that the departure of motor bus












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