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august 1975

Supreme Court of India · 1975-08-27

GVINDLAL CHHAGGAN LAL PATEL vs THE AGRICULTURAL PRODUCE MARKET COMMITTEE, GODHRA AND OTHER

Citation / case number
SC 1972/60292
Court
Supreme Court of India
Petitioner
GVINDLAL CHHAGGAN LAL PATEL
Respondent
THE AGRICULTURAL PRODUCE MARKET COMMITTEE, GODHRA AND OTHER
Bench
CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court addressed the interpretation of 'shall' in Section 6 of the Gujarat Agricultural Produce Markets Act, 1961, holding that it must be understood as mandatory rather than permissive. The Court emphasized that the procedural requirements for notification under Section 6(1) apply equally to notifications under Section 6(5), thus necessitating publication in both the Official Gazette and a local Gujarati newspaper. The Court upheld the trial court's acquittal of the appellant, reinforcing the necessity of proper notification for the legality of agricultural produce purchases.

GVINDLAL CHHAGGAN LAL PATEL vs THE AGRICULTURAL PRODUCE MARKET COMMITTEE, GODHRA AND OTHER · Niyam