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december 1958

Supreme Court of India · 1958-12-03

ASA RAM vs THE DISTRICT BOARD, MUZAFFARNAGAR

Citation / case number
SC 1956/61
Court
Supreme Court of India
Petitioner
ASA RAM
Respondent
THE DISTRICT BOARD, MUZAFFARNAGAR
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that the District Board lacked the authority to frame bye-laws for the jalalabad Town Area under Section 93(3) of the U.P. District Boards Act, which restricts the Board's powers in town areas to those vested in a Town Panchayat. The Court clarified that the substitution of 'committee' for 'panchayat' in the Town Areas Act did not alter the legal framework, affirming that the Town Area Committee's powers prevail over the District Board's. Consequently, the prosecution of the appellant for not obtaining a license was deemed invalid.

ASA RAM vs THE DISTRICT BOARD, MUZAFFARNAGAR · Niyam