TMI Blog2008 (6) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... after referred to as the Act, for short) has accrued in its favour. 2. To decide this controversy, the short facts to be noticed are that: on 13.3.2008 petitioner submitted an application for license in terms of sec.447 of the Act. Ext.P1 is the receipt issued by the respondent acknowledging the receipt of application on 13.3.2008. On receipt of the application as above, the respondent by Ext.P2 communication dated 1.4.2008 informed the petitioner that there are certain inadequacies in the application submitted and that unless they are rectified, the WP(C) 13844/2008 respondent will not be in a position to take further action on the application. It was also informed that without obtaining license, the petitioner should not proceed to sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n dated 23.4.2008 is an order declining license to the petitioner. It was further contended that the petitioner commenced business on 28.4.2008 without a license attracting the consequences enumerated in sec.532 and 545 of the Act. 4. As already stated, the issue that arises for consideration is whether the petitioner is entitled to a deemed license as contemplated in sec.447(6) of the Act. Sec.447 deals with the purposes for which places cannot be used without a license. Once an application for license is received by the Municipality, the manner in which it has to be dealt with is provided in sec.447 (3A) of the Act and sec.447(6) provides for deemed license. These sub-sections, being relevant, are extracted below for reference:- WP( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been ordinarily imposed by the Corporation. 6. Learned counsel for the petitioner submitted that the application having been admittedly made on 13.3.2008, even if it is assumed that the communication dated 23.4.2008 is an order rejecting the application, still that communication was issued beyond the 30 days of receipt of the application, prescribed in sec.447(6) and therefore the petitioner is entitled to deemed license. 7. Going by the dates noticed above, this contention of the petitioner deserves to be accepted, as it cannot be disputed that the communication of 23.4.2008 was issued much beyond the 30 days prescribed. In such a case, the deemed grant as provided in sub-sec.(6) comes to play and the petitioner will be entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e a certain state of affairs; it does not say that having done so, you must cause or permit your imagination to boggle when it comes to the inevitable corollaries of that state of affairs. That statement of law in respect of a statutory fiction is being consistently followed by this Court. Reference in this connection may be made to the case of State of Bombay v. Pandurang Vinayak. From the facts of that case it shall appear that Bombay Buildings (Control on Erection) Ordinance, 1948 which was applicable to certain areas mentioned in the schedule to it, was extended by a notification to all the areas in the province in respect of buildings intended to be used for the purposes of cinemas. The Ordinance was repealed and replaced by an Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India it was said: WP(C) 13844/2008 It is well settled that a deeming provision is an admission of the non-existence of the fact deemed. Therefore, in view of the deeming provisions under Explanations to Rules 9 and 49, although the goods which are produced or manufactured at an intermediate stage and, thereafter, consumed or utilised in the integrated process for the manufacture of another commodity is not actually removed shall be construed and regarded as removed. The Legislature is quite competent to enact a deeming provision for the purpose of assuming the existence of a fact which does not really exist. 16. Recently in the case of M.Venugopal v. Divisional Manager, Life Insurance Corporation of India after referring to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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