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Thursday, 13 October 2011

Punjab Municipal Act, 1911 (3 of 1911)

Section 121 – Cloths – Dangerously inflammable material -- Cloth being sold are in the nature of cotton, terrylene, synthetic yarn and silk etc. -- Same could not be termed to be dangerously inflammable material.  Vakil Chand Labhu Ram’s case (1992-1) P.L.R. 135, relied. T.V. Dealers Association, Garhshankar and others v. The State of Punjab & another, 2011(2) L.A.R. 265 (P&H).
Section 121 – Dangerously inflammable material -- Inflammable material – Prohibition contained in the statute is regarding “dangerously inflammable material” and not merely “inflammable material. T.V. Dealers Association, Garhshankar and others v. The State of Punjab & another, 2011(2) L.A.R. 265 (P&H).
Section 121 – Electrical or electronic goods -- Dangerously inflammable material -- Inflammable material -- Selling electrical or electronic goods such as TVs and Radios etc. -- Electrical and electronic goods, by no stretch of imagination, would fall within the definition of “dangerously inflammable material” and thus would not come within the mischief of Section 121 of the Act. T.V. Dealers Association, Garhshankar and others v. The State of Punjab & another, 2011(2) L.A.R. 265 (P&H).
Section 121 – Petty retail shopkeepers – Petitioners are petty shopkeepers are not selling their goods in a yard or a depot -- Section 121 extends to dangerously inflammable material, the items/goods come within its ambit only when the same are sold in a yard or a depot -- A yard or a depot denotes a big area in which the goods are stored -- Shops being run by the petitioners cannot be termed as yard or a depot. T.V. Dealers Association, Garhshankar and others v. The State of Punjab & another, 2011(2) L.A.R. 265 (P&H).

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