2001 (11) TMI 1058 - HC - Indian Laws

Neon Signboard at Restaurant Deemed Advertisement Under Sections 328 and 328A, Favoring Municipal Corporation's Appeal.

The Court held that the illuminated neon signboard displayed by the respondent's restaurant constituted an advertisement under Sections 328 and 328A of ... - Issues:Interpretation of the term 'advertisement' under Sections 328 and 328A of the Mumbai Municipal Corporation Act, 1888.Analysis:1. The judgment in question revolves around the interpretation of whether an illuminated neon signboard displayed by the respondent on her restaurant constitutes an advertisement under Sections 328 and 328A of the Mumbai Municipal Corporation Act, 1888. The single Judge had ruled that the signboard did not amount to an advertisement, leading to an appeal by the Municipal Corporation for Greater Mumbai.2. The respondent's restaurant displayed an illuminated neon signboard with the words 'ASHOK RESTAURANT AND BEER BAR.' The signboard also featured an artistic sign depicting two hands joined in the traditional 'Namaste.' The main contention was whether this signboard fell under the definition of an advertisement as per the relevant provisions of the Act.3. The key issue before the Court was whether the illuminated neon signboard qualified as an advertisement under the Act, specifically Section 328A. The section required written permission from the Commissioner for any advertisement displayed on land, building, or structure. The Court had to determine if the signboard in question fell within this regulatory framework.4. The Court considered the definition of advertisement as per the policy guideline on the grant of permission for display of advertisements. The guideline broadly defined advertisement as any device or representation visible from a street, including posters, hoardings, illuminated signs, and direction boards. This definition played a crucial role in the Court's analysis of whether the neon signboard constituted an advertisement.5. The Court differentiated between an advertisement and a sky-sign, emphasizing that the case at hand did not involve a sky-sign as defined by the Act. The Court referred to previous judgments and policy guidelines to establish a framework for determining what constitutes an advertisement under the specific provisions of the Mumbai Municipal Corporation Act.6. The Court extensively analyzed previous judgments, including one involving a petrol pump location sign, to establish the criteria for categorizing a display as an advertisement. The Court emphasized that each case must be assessed based on its unique circumstances to determine whether a particular display qualifies as an advertisement.7. Ultimately, the Court held that the illuminated neon signboard in question was indeed an advertisement. The Court reasoned that the size and intent of the signboard indicated that it was meant to attract customers to the restaurant, rather than merely indicating the location. As a result, the Court allowed the appeal, setting aside the single Judge's order and ruling in favor of the Municipal Corporation for Greater Mumbai.8. The judgment provides a detailed analysis of the term 'advertisement' under the Mumbai Municipal Corporation Act, emphasizing the need to consider the purpose, size, and intent behind a display to determine its classification. The Court's decision clarifies the scope of the Act's provisions regarding advertisements and sets a precedent for similar cases in the future.