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1975 Supreme(MP) 24

P.K.TARE, G.G.SOHANI
ISHWAR BROTHERS INDORE – Appellant
Versus
ADMINISTRATOR OF THE CITY INDORE MUNICIPAL – Respondent


Advocates Appeared:
A.M.Mathur, B.P.Zhanjiria,

JUDGMENT :

( 1. ) IN this petition under Articles 226 and 227 of the Constitution of india, the petitioners challenge the imposition of a licence fee on the petitioners for carrying on the trade in plastic and rubber goods at Rs. 36 per annum, on the ground that the said impost is not authorised by section 248 of the Madhya pradesh Municipal Corporation Act, 1956, and that it unduly interferes with the petitioners freedom of trade, as per Article 19 (1) (g) of the Constitution of India.

( 2. ) THE first petitioner is a partnership firm and the second petitioner is the managing partner. The petitioners carry on the trade of selling plastic and rubber articles, such as buckets, toys, holi bottles and various other household articles like glasses, spoons, tumblers, dishes, soap cases, jar, ropes, flowers, baskets etc. , the respondents have imposed a licence fee of Rs. 36 per year for any trader dealing in plastic and rubber goods under the Dangerous to life, health or property Bye-laws, knows as "bhayaprad Tatha Udvejak Vyapar avam Karkhana (Niyaman Tatha Paryavekshan) Upavidhia, framed under section 248 (c) read with section 427 of the M. P. Municipal Corporation Act, 1956.

( 3. ) THE



















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