Supreme Court of India · 1962-05-03
RAM AUTAR vs STATE OF U. P.
- Citation / case number
- SC 1960/102
- Court
- Supreme Court of India
- Petitioner
- RAM AUTAR
- Respondent
- STATE OF U. P.
- Bench
- GUPTA, K.C. DAS
Judgment text excerpt
The Supreme Court ruled that the order under Section 133 of the Code of Criminal Procedure, 1898, to restrain the auctioning of vegetables in a private house was unjustified. The Court held that the mere presence of carts on a public road, which caused some obstruction, did not equate to the auctioneers being responsible for the nuisance. It emphasized that some noise is an inherent part of necessary trades like auctioning, and Section 133 was not intended to prohibit such activities solely due to discomfort caused by noise.