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march 1953

Supreme Court of India · 1953-03-12

CHAIRMAN OF THE BANKURA MUNICIPALITY vs LALJI RAJA AND SONS.

Citation / case number
SC 1952/71
Court
Supreme Court of India
Petitioner
CHAIRMAN OF THE BANKURA MUNICIPALITY
Respondent
LALJI RAJA AND SONS.
Bench
BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court held that an order under Sections 431 and 432 of the Bengal Municipal Act, 1932, for the disposal of unwholesome food does not constitute an order of forfeiture of property as defined in the Calcutta High Court Rules. The Court clarified that forfeiture implies a loss or deprivation of property as a penalty for an offense, which was not applicable in this case. Consequently, a Single Judge of the High Court has the jurisdiction to hear references from such orders.

CHAIRMAN OF THE BANKURA MUNICIPALITY vs LALJI RAJA AND SONS. · Niyam