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october 1960

Supreme Court of India · 1960-10-26

THE DISTRICT BOARD, GHAZIPUR vs LAKSHMI NARAIN SHARMA

Citation / case number
SC 1956/15
Court
Supreme Court of India
Petitioner
THE DISTRICT BOARD, GHAZIPUR
Respondent
LAKSHMI NARAIN SHARMA
Author
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKARR.
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court upheld the validity of bye-laws framed under Section 174 of the U.P. District Boards Act, 1922, for regulating flour, rice, and oil mills, rejecting the respondent's claim that these bye-laws were ultra vires due to the U.P. Panchayat Raj Act, 1947. The Court clarified that the District Boards retained their powers to regulate trade as no similar powers were conferred upon Village Panchayats under the Panchayat Raj Act. Additionally, the Court ruled that the licence fee charged by the District Board was valid and distinct from fees under other regulations, such as the U.P. Rice and Dal Mills Control Order, 1948, and the U.P. Pure Food Act.

THE DISTRICT BOARD, GHAZIPUR vs LAKSHMI NARAIN SHARMA · Niyam