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october 1977

Supreme Court of India · 1977-10-14

THAKUR DAS (DEAD) BY L. Rs vs STATE OF MADHYA PRADESH

Citation / case number
SC 1974/60499
Court
Supreme Court of India
Petitioner
THAKUR DAS (DEAD) BY L. Rs
Respondent
STATE OF MADHYA PRADESH
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the Sessions Judge, appointed as an appellate authority under Section 6C of the Essential Commodities Act, 1955, is an inferior criminal court subordinate to the High Court, thus allowing for a revision application under Sections 435 and 439 of the CrPC. The Court clarified that the judicial authority must be a preexisting authority exercising judicial power, and the High Court was justified in restoring the Collector's order of confiscation. The appeal by the licensee was allowed, affirming the High Court's jurisdiction over the appellate authority's decisions.

THAKUR DAS (DEAD) BY L. Rs vs STATE OF MADHYA PRADESH · Niyam