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september 1963

Supreme Court of India · 1963-09-20

AFZAL ULLAH vs THE STATE OF UTTAR PRADESH

Citation / case number
SC 1962/129
Court
Supreme Court of India
Petitioner
AFZAL ULLAH
Respondent
THE STATE OF UTTAR PRADESH
Author
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.,DAYAL, RAGHUBAR
Bench
GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.,DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that the appellant was operating a market under Section 299(1) of the United Provinces Municipalities Act, 1916, and was required to obtain a license as per bye-law clause 3(a). The Court affirmed the High Court's conviction, stating that the shops on the appellant's plot constituted a market and that the bye-law was not ultra vires as it was valid under Section 298(2)(F). The Court clarified that the provisions of Section 298(2) are illustrative and do not restrict the general powers under Section 298(1).

AFZAL ULLAH vs THE STATE OF UTTAR PRADESH · Niyam