Gunasekera V. Municipal Revenue Inspector

1951 Present: Gratiaen J.

GUNASEKERA, Appellant, and MUNICIPAL REVENUE
INSPECTOR, Respondent

S. C. 889-M. M. C. Colombo, 51,668
 

Municipal Councils Ordinance, No. 29 of 1947-" Offensive and dangerous trades "- By-laws-In what circumstances ultra vires-Sections 148, 267, 268.

By Section 148 (1) of the Municipal Councils Ordinance " No place shall be used within any Municipality for any of the following purposes, namely, for boiling offal or blood, or as a soap-house, dyeing-house, ... or for any other trade or business which the Council may, by means of by-laws, declare to be an offensive or dangerous trade or business for the purposes of this Section, except under a licence from the Council . . ."

The accused, an auctioneer, was charged with " storing furniture " in alleged contravention of a by-law which purported to declare the business of " manufacturing or storing of furniture " to be an " offensive trade or business ".

Held, (i) that the charge framed against the accused was defective because it nowhere alleged that he was carrying on the business of " storing furniture ".

(ii) that, in any event, the term

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