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november 1960

Supreme Court of India · 1960-11-24

M/S. MADAN MOHAN DAMMA MAL LTD. AND ANR. vs THE STATE OF WEST BENGAL AND ANR.

Citation / case number
SC 1959/30
Court
Supreme Court of India
Petitioner
M/S. MADAN MOHAN DAMMA MAL LTD. AND ANR.
Respondent
THE STATE OF WEST BENGAL AND ANR.
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Section 462 of the Calcutta Municipal Act, 1951 for storing adulterated mustard oil for sale. The court found that the presumption of storage for sale was not rebutted by the appellants' claims regarding arrangements with the U.P. Oil Millers Association or their request for testing the oil, as these did not demonstrate an intention to prevent sale of impure oil. The judgment of the Calcutta High Court was affirmed, reinforcing the legal principle that mere arrangements do not negate statutory presumptions of sale.

M/S. MADAN MOHAN DAMMA MAL LTD. AND ANR. vs THE STATE OF WEST BENGAL AND ANR. · Niyam