Illuminated restaurant signboard treated as an advertisement where its size and design were meant to attract customers.

An illuminated neon signboard displayed above a restaurant entrance was treated as an advertisement under Section 328A of the Mumbai Municipal Corporation Act, 1888. The statutory distinction between an advertisement and a sky-sign depends on the surrounding circumstances, including the display's nature, size, manner of exhibition and practical purpose. Because an ordinary non-illuminated name board already identified the premises, the neon display was found to be a substantial attention-grabbing sign intended to attract customers to the restaurant and its services. It was therefore not a mere locator or direction board and fell within the statutory control regime.

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Issues: Whether the illuminated neon signboard displayed on the restaurant premises was an advertisement within the meaning of Section 328A of the Mumbai Municipal Corporation Act, 1888.

Analysis: The statutory scheme distinguishes an advertisement from a sky-sign. Under Section 328A, permission is not required for every display, but the nature of the display, its size, manner of exhibition, and the need for it are material in deciding whether it is an advertisement. The signboard in question was not a mere locator or direction board. It was a substantial illuminated neon display placed above the entrance, while an ordinary non-illuminated name board already identified the premises. On its size and presentation, the display was intended to draw the attention of customers to the restaurant and its services.

Conclusion: The illuminated neon signboard was an advertisement within Section 328A, and the Corporation was entitled to treat it as such.

Final Conclusion: The appeal succeeded and the order of the learned single Judge was set aside.

Ratio Decidendi: Whether a signboard is an advertisement depends on its surrounding circumstances, and an illuminated display of substantial size intended to attract customers is not a mere indication of location but an advertisement requiring compliance with the statutory control regime.

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