GVINDLAL CHHAGGAN LAL PATEL versus THE AGRICULTURAL PRODUCE MARKET COMMITTEE, GODHRA AND OTHERS

GVINDLAL CHHAGGAN LAL PATEL versus THE AGRICULTURAL PRODUCE MARKET COMMITTEE, GODHRA AND OTHERS

The requirement for publication in Gujarati in a newspaper for notifications under s. 6(5) of the Gujarat Agricultural Produce Markets Act, 1964 is mandatory; failure to comply renders the notification invalid and cannot result in prosecution for breach.

Parties
Appellant: Govindlal Chhaganlal Patel; Respondents: The Agricultural Produce Market Committee, Godhra and Others; Respondent: Respondent No. 3
Jurisdiction
India
Judgment Date
27 August 1975
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Conviction by Gujarat High Court
Outcome
Appeal allowed; acquittal restored; conviction and fine set aside.
Legal Topics
Mandatory Vs Directory Provisions, Publication Requirements, Licensing for Agricultural Produce Markets
Criminal Law Statutory Interpretation Agricultural Law Mandatory Vs Directory Provisions Publication Requirements Licensing for Agricultural Produce Markets

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Parties

Govindlal Chhaganlal Patel

Appellant

The Agricultural Produce Market Committee, Godhra and Others

Respondents

Respondent No. 3

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Conviction by Gujarat High Court

Legal Issues

  1. 1 Whether notification under section 6(5) of the Gujarat Agricultural Produce Markets Act, 1964 must be published in Gujarati in a newspaper
  2. 2 Whether 'shall' in the statute creates a mandatory requirement for such publication
  3. 3 Whether non-publication invalidates proceedings and penal consequences

Ratio Decidendi

The requirement for publication in Gujarati in a newspaper for notifications under s. 6(5) of the Gujarat Agricultural Produce Markets Act, 1964 is mandatory; failure to comply renders the notification invalid and cannot result in prosecution for breach.

Court Disposition

Appeal allowed; acquittal restored; conviction and fine set aside.

Orders

  • Judgment of Gujarat High Court set aside.
  • Judgment of Judicial Magistrate, First Class, Godhra restored.