High Courts(1898) 02 MAD CK 0008

Municipal Council of Srivilliputtur vs Chinnaboothanayagam Pillai

Madras High Court · Decided on 11 February 1898 · Citation: (1898) 8 MLJ 73

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Judgment

8 paragraphs · 170 words
1.

Most of the dealings that the contractor (respondent) had with the Department of Public Works in connection with his contracts took place in

the Division Office of Srivilliputtur. The contract was executed there, instructions regarding the execution of works, the subject of the contract,

were given him there, and payments on account of the contract were made to him there. Notwithstanding that the actual work was done outside

municipal limits, the contractor was in the circumstances stated above clearly exercising his profession in the town. His case is analogous to that of

the pleader in Ramasami Ayyar v. Municipal Council of Salem ILR 18 M. 183 .

2.

The respondent was, therefore, liable to be taxed, and in reversal of the lower Court''s decree, we dismiss his suit with costs throughout.

3.

In the view of our finding that the respondent ""exercised"" his profession in the municipal limits and is, therefore, liable to the tax, it becomes

unnecessary to consider whether the Court had jurisdiction to entertain the action.