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march 1960

Supreme Court of India · 1960-03-23

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

Citation / case number
SC 1957/60045
Court
Supreme Court of India
Petitioner
THE CHAIRMAN OF THE BANKURA MUNICIPALITY
Respondent
LALJI RAJA AND SONS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 431(2) of the Bengal Municipal Act, 1932, the District Magistrate has the authority to dispose of unwholesome food seized under Section 430. However, the Court clarified that the powers under Section 431(2) cannot be exercised for articles seized under a warrant issued under Section 430, as the provisions are distinct. The High Court's order setting aside the District Magistrate's decision was upheld, confirming that the seizure and disposal of the mustard seeds were not in accordance with the applicable statutory provisions.

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