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Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

..... before analyzing the submissions made, we quote hereinbelow the relevant sections of the delhi agricultural produce marketing (regulation) act, 1998 which read as under:chapter ipreliminary 2. ..... requires, (c) ' board' means the delhi agricultural marketing board constituted under section 5; (l) 'local authority' means, in relation to an area within the local limits of: (i) the municipal corporation of delhi, that corporation; (ii) the new delhi municipal council, that council; and (iii) the delhi cantonment board, that board; explanation- it is hereby clarified that, for the purpose of this act, the delhi development authority constituted under the delhi development act, 1957 and the board and a marketing committee established under this act, shall be deemed to be local authority;chapter iiiconstitution and powers of delhi agricultural marketing board17. .....

Delhi Administration Vs. Munshi Ram Ram Niwas and ors.

Court : Delhi

Reported in : 1985CriLJ1230; ILR1984Delhi588

..... (1) this petition under article 227 of the constitution of india raises an interesting question as to the scope, effect and purpose of the essential commodities act, 1955 and the delhi agricultural produce marketing (regulation) act, 1976.(2) m/s. ..... he had obtained licenses under 'categories 'a' and 'e' issued under rule 12 of the delhi agricultural produce marketing (regulation general) rules, 1978 (hereinafter referred to as 'the rules') framed under the delhi agricultural produce marketing (regulation) act, 1976 (hereinafter referred to as 'the act'). ..... rules providing for regulating the marketing of agricultural produce in any place in the market area, no person shall, on or after the date on which an area is declared under sub-section (1) of section 4 to be the market area, without, or otherwise than in confirmity with the terms and conditions of a license granted by (a) the director, when a market committee has not been constituted or has not started functioning, or (b) in any other case by the market committee (i) use any place in the market area for the marketing of the agricultural produce specified in the said ..... chapter vi deals with the marketing of agricultural produce. ..... the establishment of markets and constitution of market committees is provided in chapter iii. ..... chapter ii provides for the constitution of delhi agricultural marketing board. ..... the powers and duties vested in or to be performed by the market committees are given in chapter iv. .....

Commissioner of Income-tax Vs. Agricultural Marketing Produce Comcommi ...

Court : Delhi

Reported in : (2001)165CTR(Del)298; [2001]250ITR369(Delhi)

..... represent the interests of consumers(1) nomination by director in the case of where an election does not result in the return of required number of qualified persons to take office.ii) when the market commit-tee is constituted for the first time all the members thereof, including chairman and the vice-chairman to be nominated by the administrator from among the members of the comcommittee(iv) the market comcommittee to elect one of its elected members to be its vice-chairman (section 9)the delhi agricultural produce marketing (regulation) act. ..... with certain duties, which are as follows :(a) to implement the provisions of the said act and of the rules and bye-laws made there under for the market area ;(b) to provide such facilities for marketing of agricultural produce therein as the delhi agricultural marketing board constituted under section 5 of that act may, from time to time direct ;(c) to do such other acts in relation to the superintendence, direction and control of markets, or for regulating marketing of agricultural produce, in any place in the market area and for purposes connected therewith as may be required and for that ..... the assessed-comcommittee was formed under the delhi agricultural market produce marketing (regulation) act, 1976 (in short 'the marketing act'). ..... constitution of the delhi marketing board is provided in chapter ii. .....

Dhule Agricultural Produce Market Committee Vs. Employees State Insura ...

Court : Mumbai

Reported in : 2003(4)ALLMR173; 2003(4)BomCR683; (2003)IIILLJ780Bom; 2003(3)MhLj916

..... this writ petition is filed by an agricultural produce market committee (hereinafter referred to as 'the market committee'), which is governed under the provisions of the maharashtra agricultural produce marketing (regulation) act, 1963 (hereinafter referred to as ..... the act was passed with a view to regulate the marketing of agricultural and certain other produce in market areas and to confer powers upon the market committees ..... under clause (vi) it has to supervise the auctions of notified agricultural produce and under clause (vii) it has to regulate the making, carrying out and enforcement or cancellation of sales, werghment, ..... thereof lays down that it is the function of the market committee to provide such facilities for marketing of agricultural produce as the director, the state marketing board or the state government may from time to time direct. ..... attention to the relevant provisions of the act as to how the market committees are constituted and what are their powers and duties. ..... the employers have to contribute nominally and on the strength of that contribution, the employees receive various benefits as termed in chapter v of the act. ..... the question was as to whether delhi development authority was local authority since the employees of local authorities were taken out of the purview of the payment of bonus act, 1965, under section 32(iv) thereof. ..... however, submitted that chapter viii of the ..... submitted that there is market fund contemplated under chapter vi of the a.p.m.c .....

Potato and Onion Merchants Association Vs. Chairman, Delhi Agricultura ...

Court : Delhi

Reported in : 1994IIIAD(Delhi)1437; 56(1994)DLT547; 1994(30)DRJ657

..... the defendants issued an order dated 14.6.94 in exercise of the powers contained-in sub-section 2(e) of sec.25 of the delhi agricultural produce marketing (regulation) act, 1976 (hereinafter referred to as marketing act'), it was ordered that the actual occupant of the poma sheds whose names were indicated in paragraph 7 under column no.4 of the ..... any other capacity in relation to the marketing of agricultural produce or may, after recording its reasons in writing thereforee, refuse to grant or renew any such license: provided that the director may, where a market committee has not been constituted or has not started functioning subject to any rules that may be made in this behalf, grant a license for the marketing of agricultural produce or for operating in any market area as a trader, commission agent, ..... chapter- (a) if the license had been obtained through willful misrepresentation or fraud; (b) if the holder of the license or any servant or any one acting on his behalf with his express or implied permission commits a breach of any of the terms or conditions of the license; (c) if the holder of the license in combination with other holders of licenses commits any act or abstains from carrying out his normal business in the market with the intention of willfully obstructing, suspending or stopping the marketing of agricultural produce in the market ..... defendants ms.geeta luthra has argued that the resolution of the board was not in relation to the seasonal goods but it covers .....

Consumer Online Foundation. Vs. Union of India and ors.

Court : Supreme Court of India

..... (2) scr 659], a constitution bench of this court has held that since section 11 of the bombay agricultural produce markets act, 1939 provides that rules will prescribe the maxima and the fees fixed must be within the maxima, till such maxima are fixed by the rules, it would not be possible for the market committee to levy fees. ..... in that case, the court found that section 11 of the bombay agricultural produce markets act, 1939 provided that the market committee may levy market fees subject to the maxima as prescribed and the court held that unless the state government fixes the maxima by rule, it is not open to the committee to fix any fees ..... facts of this case, the development fees have been collected by dial and mial on the basis of the two letters dated 09.02.2009 and 27.02.2009 of the central government from the embarking passengers at delhi and mumbai and these embarking passengers, from whom the development fees have been collected, cannot now be identified nor can they be traced for making the refund to them. ..... case, the high court was called upon to interpret section 46(1) of the electricity (supply) act, 1948, which provided that a tariff to be known as the grid tariff shall, in accordance with any regulations made in this behalf, be fixed from time to time by the board. ..... [(1976) 3 scc 167], mumbai agricultural produce market committee & anr ..... (vi) after the 2008 act and after the notification dated 31.08.2009 bringing the provisions of 2008 act in chapters iii and vi into .....

Sharat Babu Digumarti Vs. Govt of Nct of Delhi

Court : Supreme Court of India

..... the orissa municipal act, 1950 or orissa agricultural produce markets act, 1956 should ..... hear the matter contained or embodied in it. (2) whoever (a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or ..... provisions in these two acts, in a given case, on much broader considerations of the purpose and policy underlying the two acts and the clear intendment conveyed by the language of the relevant provisions therein (p.615) as indicated by us, the special and specific purpose which motivated the enactment of section 14-a and chapter iii-a of the delhi rent act would be wholly frustrated if the provisions of the slum clearance act requiring permission of ..... to show that in the said case the court while dealing with constitutional validity of section 66-a of the it act noticed that the said provision conspicuously did not have the word ..... shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, tried or otherwise dealing with such offences.23 ..... .....

Agricultural Produce Market Committee, Bailhongal, Belgaum District Vs ...

Court : Karnataka

Reported in : 1998(6)KarLJ511; (1999)ILLJ89Kant

..... of the labour court and the order of the learned single judge passed in writ petitions have been challenged by the appellant on the grounds:(1) that the provisions of industrial disputes act, 1947 (hereinafter called the 'central act') were not applicable in cases covered by the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter called the 'state act'). ..... the dominant nature test: (a) where a complex of activities, some of which qualify for exemption, others not, involves employees on the total undertaking, some of whom are not 'workmen' as in the university of delhi's case or some departments are not productive of goods and services if isolated, even then, the predominant nature of the services and the integrated nature of the departments as explained in the corporation of nagpur's case , will be ..... with great regard to the hon'ble judges constituting the division bench, we are still of the opinion that the law laid down in bangalore water supply and sewerage board's case, supra, is the correct exposition of the provisions of law prevalent and applicable in the country and no other view can be taken by this court on the basis of the observations relied upon regarding which we too ..... 59 forms part of chapter v of the state act dealing with 'staff of the market committees'. ..... constitutional scheme reflects the aspirations of the people and the resolution of the state to achieve the goals set forth in the preamble, chapters iii and iv of the constitution. .....

Vidarbha Irrigation Development Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Nagpur

Reported in : (2005)93ITD184(Nag.)

..... from the perusal of the said decision, it is seen that under the apmc act, while carrying out regulation of marketing of agricultural produce in a specified area, the state government declares by notification that marketing of agricultural produce specified in the notification shall be regulated under the apmc act in the specified area. ..... in any part of india (other than the state of jammu and kashmir [74 and the union territories specified in sub-clause (iii) of this clause) 74 ]; (ia) corporation established by or under a central, state or provincial act; (ib) any institution, association or body which is declared by the board to be a company under clause (17); (ii) in the case of the state of jammu and kashmir a company formed and registered under any law for the time being in force in that state; (iii) in the case ..... in the second place the delhi development authority is constituted for the sole purpose of the planned development of delhi and no other purpose and there is a merger, as it were, of specific and general purpose. ..... he next submitted that even as per the provisions of section 59 of the maharastra irrigation act, 1976, the water charges supply rates are determined by the zilla parishad and not by the state government and therefore it cannot be said that assessee has any powers of compulsory exaction.41. ..... if the funds came from a local fund, the provisions of chapter 7 of the land acquisition act were not applicable. .....

Commissioner of Income-tax Vs. Gujarat State Warehousing Corporation

Court : Gujarat

Reported in : [1980]124ITR282(Guj)

..... the whole function of the board was to prepare plans and to promote programmes for agricultural production, processing, marketing and storage, warehousing, exporting and importing agricultural produce through a co-operative society or a warehousing ..... far as section 24 is concerned, the functions are all of such wide nature, as earlier pointed out, which includes specifically marketing besides setting up godowns or warehouses and running these warehouses for storage of agricultural produce, seeds, manures, fertilisers, agricultural implements and notified commodities and arranging facilities for the transport thereof to and from warehouses. ..... the preamble of the act states that it is an act to provide for the incorporation and regulation of corporations for the purpose of warehousing of agricultural produce and certain other commodities and for matters connected ..... court at page 133 has rightly taken the wider view because the context was not of the authority being a state within the meaning of article 12 of the constitution, where it must be authoritative in the sense of the agency of the state or a governmental or a semi-governmental instrumentality of the state or such other public authority in the state ..... the central warehousing corporation at delhi was established to carry out its functions at centres of all india importance, while the state corporations were to work at centres of state importance and above sub-divisional ..... ' chapter iv deals with finance, accounts and .....