What did the Supreme Court decide in this case?

The Court held that publication in Gujarati in a local newspaper was mandatory under Section 6(5). The notification without such publication was invalid.

Why is Gujarati publication required?

To give real notice to traders and agriculturists in the area. It ensures transparency and a fair chance to object before rules bind them.

Is "shall" in Section 6 treated as mandatory or directory?

Mandatory. When the law affects rights or imposes penalties, procedural safeguards using "shall" are strictly enforced.

What happened to the appellant’s conviction?

The conviction was set aside. The acquittal by the Judicial Magistrate was restored and the fine of ₹10 was ordered to be refunded.

Does policy or convenience cure a missing publication?

No. Substantive compliance is required. Courts will not presume validity when a mandatory step like local language publication is skipped.

Govindlal Chhaggan Lal Patel v. The Agricultural Produce Market Committee, Godhra and Others

1976 AIR 263 — Easy English classroom-style case explainer.

Supreme Court of India 1976 1976 AIR 263 Administrative & Market Regulation ≈ 5 min read

AUTHOR_NAME: Gulzar Hashmi LOCATION: India PUBLISH_DATE: 2025-10-23

Quick Summary

This case is about publication as a safeguard. The Gujarat APMC Act needs a Gujarati newspaper publication for key notifications under Section 6(5). The State skipped that step. The Supreme Court said: when the law uses “shall” to protect rights and imposes penalties, the step is mandatory. No valid publication → no valid notification → no prosecution.

Issues

Was the Section 6(5) notification invalid for not being published in Gujarati in a local newspaper?
Are the publication steps under Sections 6(5) read with 5 mandatory or directory?

Rules

In laws with penal effects or trade limits, procedural safeguards must be followed strictly.
The word “shall” is presumptively mandatory when rights are affected, unless the statute clearly says otherwise.
Section 6(5) requires Gazette and Gujarati local newspaper publication for real notice.

Facts — Timeline

16 Feb 1968: Govt issues notification to include ginger as regulated produce for Godhra market area.

Jan–Feb 1969: Appellant buys ginger without licence; later prosecuted under the Act.

Magistrate: Acquits, holding publication not proved/valid.

High Court: Convicts by presuming notification’s validity; relies on Bombay Act precedent.

Supreme Court: Reviews Section 6(5) with Section 5; checks if Gujarati publication occurred.

Arguments

Appellant

No Gujarati newspaper publication → notification invalid.
“Shall” means mandatory where penalties and trade rights are involved.
Bombay Act precedent is inapplicable; Gujarat Act is stricter.

State/Committee

Substantial compliance; traders were on notice.
Past case law allowed a flexible view of publication.

Judgment

Section 6(5) read with Section 5 makes Gujarati local newspaper publication mandatory.
The notification (16 Feb 1968) was invalid for lack of such publication.
High Court erred in presuming validity and in relying on Bombay Act precedent.
Magistrate’s acquittal restored; ₹10 fine to be refunded.

Ratio Decidendi

Procedural publication is a right-protecting step. Where the statute says “shall” and penalties follow, every required publication must happen. Skipping the local-language notice defeats the object and voids the notification.

Why It Matters

Guards against hidden rules that affect traders and farmers.
Clarifies difference between mandatory and directory steps.
Strengthens procedural fairness in regulatory law.

Key Takeaways

“Shall” means must when rights/penalties are at stake.
Local-language publication gives real notice.
No mandatory step → no enforceable notification.
Precedents under different statutes may not apply.

Mnemonic + 3-Step Hook

Mnemonic: P-G-S — Publish in Gujarati, Give notice, or it’s Struck.

Check statutory publication steps.
Verify Gujarati local newspaper notice.
Apply mandatory rule: no step, no case.

IRAC Outline

Issue

Is Gujarati newspaper publication under Section 6(5) mandatory?

Rule

Procedural safeguards with “shall” are mandatory when rights and penalties are involved.

Application

No Gujarati publication → no valid notice to affected traders and farmers.

Conclusion

Notification invalid; acquittal restored; fine refunded.

Glossary

Mandatory: A step that must be done; skipping it invalidates the action.
Directory: A step that should be done but skipping may not void the action.
Publication: Official notice to the public via Gazette and local newspapers.
Substantive Compliance: Meeting the real purpose of a rule; here, giving local-language notice.

FAQs

Gujarati newspaper publication under Section 6(5) is mandatory. Without it, the notification is invalid.

“Shall” signals a duty. In penal and trade-control laws, courts treat it as a must, not a suggestion.

It restored the acquittal and ordered the ₹10 fine to be refunded.

No. The statute requires both Gazette and local Gujarati newspaper publication.

No. The Gujarat Act’s stricter procedure governs here. Different statutes, different rules.

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SEO Fields

CASE_TITLE: Govindlal Chhaggan Lal Patel v. The Agricultural Produce Market Committee, Godhra and Others
PRIMARY_KEYWORDS: Govindlal Chhaggan Lal Patel v. APMC Godhra; 1976 AIR 263; Section 6(5) Gujarat APMC Act; mandatory publication
SECONDARY_KEYWORDS: Gujarati newspaper notice; procedural safeguards; regulated market; statutory interpretation
AUTHOR_NAME: Gulzar Hashmi
LOCATION: India
PUBLISH_DATE: 2025-10-23
Slug: govindlal-chhaggan-lal-patel-v-the-agricultural-produce-market-committee-godhra-and-others

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