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    <title>2005 (8) TMI 666 - Supreme Court</title>
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    <description>Illuminated signboards fixed above ATM centres were analysed under the Bombay Municipal Corporation Act, 1888 by distinguishing a &quot;sky-sign&quot; under Section 328 from an &quot;advertisement&quot; under Section 328A. A sky-sign must be a word, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to a structure and visible against the sky; on the stated facts, the ATM signboards were not treated as sky-signs. Section 328A was construed contextually to cover communications with a commercial or promotional purpose, so whether an ATM signboard is an advertisement depends on the factual extent to which it serves the bank&#039;s business interests. The notices were therefore required to be reconsidered under Section 328A after a fresh hearing.</description>
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    <pubDate>Thu, 04 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 666 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=171556</link>
      <description>Illuminated signboards fixed above ATM centres were analysed under the Bombay Municipal Corporation Act, 1888 by distinguishing a &quot;sky-sign&quot; under Section 328 from an &quot;advertisement&quot; under Section 328A. A sky-sign must be a word, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to a structure and visible against the sky; on the stated facts, the ATM signboards were not treated as sky-signs. Section 328A was construed contextually to cover communications with a commercial or promotional purpose, so whether an ATM signboard is an advertisement depends on the factual extent to which it serves the bank&#039;s business interests. The notices were therefore required to be reconsidered under Section 328A after a fresh hearing.</description>
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      <pubDate>Thu, 04 Aug 2005 00:00:00 +0530</pubDate>
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