Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Karnataka Agricultural Produce Marketing (Regulation) Act 1966 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Karnataka Agricultural Produce Marketing (Regulation) Act, 1966-Whether the Secretary is competent to file a complaint on his own, without a resolution or authorisation of the marketing committee concerned-Held not competent.The appellant as the Secretary of the Agricultural Produce Marketing Committee, filed a complaint before Judicial Magistrate against the Respondents without being authorised by Market Committee to do so and without any decision of the Market Committee to prosecute the respondents for the alleged violation of the provisions of Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 and the Rules made thereunder. An objection was raised before the Trial Court against the competence of the appellant to file the complaint without prior permission or authorisation from the Marketing Committee and on the maintainability of the complaint itself by the Respondent. The Trial Court upheld the objection and dismissed the complaint as not maintainable and acquitted the respondents. The order of the Trial Court was unsuccessfully challenged in an appeal before the High Court. Against the Judgment of High Court, the appellant has preferred the present appeal. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1995 INSC 165 |
Petitioner | Secretary, Agricultural Produce Marketing Committee, D.k. District |
Respondent | Varadaraya Shenoy And Another |
SCR | [1995] 2 S.C.R. 524 |
Judgement Date | 1995-03-07 |
Case Number | 434 |
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