BISHAMBAR NATH AND OTHERS versus THE AGRA NAGAR MAHAPALIKA AGRA AND ANOTHER

BISHAMBAR NATH AND OTHERS versus THE AGRA NAGAR MAHAPALIKA AGRA AND ANOTHER

Since the appellants took reasonable steps to inform buyers that the flour was unfit for human consumption and there was no evidence suggesting intent to sell for human consumption, the orders passed under section 244 were invalid and respondents are liable for resulting losses.

Parties
Appellants: Bishambar Nath and others; Respondent No. 1: Agra Nagar Mahapalika Agra; Respondent No. 2: Health Officer of Agra Nagar Mahapalika
Jurisdiction
India
Judgment Date
28 March 1973
Procedural Posture
Civil Appeal / Remand After Appeal From High Court Judgment
Outcome
Appeal allowed and matter remanded to High Court for assessment of damages.
Legal Topics
Liability for Wrongful Governmental Action, Interpretation of Municipal Statutes, Sale of Unfit Foodstuff
Municipal Law Tort Law Liability for Wrongful Governmental Action Interpretation of Municipal Statutes Sale of Unfit Foodstuff

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Parties

Bishambar Nath and others

Appellants

Agra Nagar Mahapalika Agra

Respondent No. 1

Health Officer of Agra Nagar Mahapalika

Respondent No. 2

Procedural Posture

Civil Appeal / Remand After Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondents are liable to pay damages for restricting sale of wheat flour deemed unfit for human consumption
  2. 2 Whether orders under section 244 of the U.P. Municipalities Act were valid

Ratio Decidendi

Since the appellants took reasonable steps to inform buyers that the flour was unfit for human consumption and there was no evidence suggesting intent to sell for human consumption, the orders passed under section 244 were invalid and respondents are liable for resulting losses.

Court Disposition

Appeal allowed and matter remanded to High Court for assessment of damages.

Orders

  • Judgment and decree of High Court set aside.
  • Case remanded to High Court for decision on quantum of damages.