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february 1987

Supreme Court of India · 1987-02-10

STATE OF BIHAR AND ORS.ETC. vs ASHOK INDUSTRIES & ANR. ETC.

Citation / case number
SC 1985/67110
Court
Supreme Court of India
Petitioner
STATE OF BIHAR AND ORS.ETC.
Respondent
ASHOK INDUSTRIES & ANR. ETC.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court examined the Bihar Agricultural Produce Markets Act, 1960, specifically Section 2(P)(i) and Section 27, which define 'sale' and establish presumptions regarding agricultural produce transactions. The Court held that the Explanation to Section 27, which presumes that all notified agricultural produce leaving a market area has been bought or sold there, should take precedence over the definition in Section 2(P)(i). The Court found that the Explanation to Section 2(P)(i) was overly broad and not well-worded, thus requiring a harmonious interpretation with Section 27 to ensure proper application of the law without exceeding legislative powers.

STATE OF BIHAR AND ORS.ETC. vs ASHOK INDUSTRIES & ANR. ETC. · Niyam