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november 1967

Supreme Court of India · 1967-11-23

MANGULAL CHUNILAL vs MANILAL MAGANLAL & ANR.

Citation / case number
SC 1965/162
Court
Supreme Court of India
Petitioner
MANGULAL CHUNILAL
Respondent
MANILAL MAGANLAL & ANR.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 69(1) of the Bombay Provincial Municipal Corporation Act, 1949, only the authorities specified in Section 481 can initiate proceedings against offenders. The Court clarified that the term 'take proceedings' does not allow for delegation of authority to file complaints, emphasizing that the authority must be explicitly granted. The appeal was dismissed, affirming the High Court's decision to set aside the conviction due to lack of proper authority to file the complaint.

MANGULAL CHUNILAL vs MANILAL MAGANLAL & ANR. · Niyam