Court : Delhi
Reported in : 122(2005)DLT699; 2005(83)DRJ617
..... the delhi agricultural produce marketing (regulation) act, 1976 was enacted by parliament in order to 'provide for the better regulation of the purchase, sale, storage and processing of agricultural produce and the establishment of market for agricultural produce in the union territory of delhi and for matters connected therewith or incidental thereto. ..... repeal and saving- (1) the delhi agricultural marketing (regulation) act, 1976 (87 of 1976) (hereinafter referred to as the said act) is hereby repealed.provided that such repeal shall not affect the previous operation of the enactment aforesaid and anything done or any action taken (including any appointment, delegation or declaration made, notification, order, rule, regulation, direction or notice issued, bye-law framed, marketing committee established, licenses granted, fees levied and collected, instruments, executed, any fund established or constituted by or under the provisions of the said act shall in so far it is not ..... counsel for the respondent has also relied on section 16 which states that no act or proceedings of the board shall be invalid merely by reason of the existence of any vacancy among its board members or any defect in the constitution thereof. ..... nevertheless the respondent seek to rely on decisions taken in the interregnum between 2.6.1999 and 12.7.2001, namely, those taken at the so-called board meeting held on 24.5.2000, which board has become defunct. 6. .....
Tag this Judgment!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
..... powers and duties of the marketing committees- (1) subject to the provisions of this act, it shall be the duty of a marketing committee: (i) to implement the provisions of this act, and rules, regulations and bye-laws made there under for the market area; (ii) to provide such facilities for marketing of notified agricultural produce therein as the board may, from time to time, direct; (iii) to perform other functions as may be required in relation to the superintendence, direction and control of markets, or for regulating and control of markets, or for regulating the market area and for purposes connected with the matters aforesaid, and, for this purpose, may exercise such powers and perform such duties and ..... the relevant sections of the delhi agricultural produce marketing (regulation) act, 1998 which ..... vice-chairman of the board or any other official of the board authorized in this behalf by the board may call for from any marketing committee or any trader, go down-keeper or any other functionary operating within the market area any information or return relating to agricultural produce and shall have the power to inspect the records and accounts of such marketing committee, trader, godown-keeper or other functionary and shall also have power to seize or take into ..... and account of a marketing committee-- (1) everything marketing committee shall prepare and pass the budget on its income and expenditure for the ensuing year in the prescribed form and shall submit it to the board for .....
Tag this Judgment!Court : Delhi
Reported in : (2001)165CTR(Del)298; [2001]250ITR369(Delhi)
..... of comcommittee with the chairman or the secretary of the board (section 33a)(vii) board to call for proceedings of the market commit-tee and to pass orders thereon (section 46)(vii) power to order production of accounts and power of entry inspection and seizure with the board (section 33a)(viii) compounding of offences with the previous approval of the chairman of the board (section 70)(viii) in case the comcommittee fails to make bye-laws within specified period, bye laws to be made by the board (section 44(2)). ..... the assessed-comcommittee was formed under the delhi agricultural market produce marketing (regulation) act, 1976 (in short 'the marketing act'). ..... is appointed by the board as servant and is lent to the to employ other officers and approval of the secretary of the board (section 27(20))(iv) appeal to the board (section 36(a)) payment of contribution to the board by a market comcommittee out of the market fund (section 39(3)(a))(iv) every market comcommittee to pay its contribution to the board out of the market com-committee fund (section 27(2))(v) inspection enquiry by the board and submission of statements to the board (section 43)(v) if market comcommittee fund to be expended for any purpose other than those enumerated in section 28, the previous sanction of the board to be obtained (section 28(xii))vi) duty of officers, servants and members of market comcommittee to furnish information to the board (section 44). .....
Tag this Judgment!Court : Delhi
Reported in : 115(2004)DLT333
..... with effect from 2.6.99, the act of 1976 stood repealed and was replaced by the delhi agricultural produce marketing (regulation) act, 1998. ..... is further the case of the second respondent that under section 55, power to maintain and regulate the marketing of agricultural produce in a market area, which would include sale and delivery of agricultural produce, is the power of the marketing committee. ..... further, under section 55(2)(g), the marketing committee has the power to regulate the marketing of agricultural produce in a market area, which power includes the power to specify a place or a spot where notified agricultural produce shall be stored or displayed for purpose of sale by open auction.31 ..... under the new act, a board called the delhi agricultural marketing board stands constituted. ..... displacing/dispossessing the members of the petitioner association from half of the space already occupied and in their possession on the auction-platforms at the okhla fruit and vegetable mandi;(b) issue a writ of prohibition, or any other appropriate writ, order or direction, restraining the respondents no.1, 2 and 3 from enforcing and implementing the agenda item no.7 as contained in the minutes of the meeting of the market committee held on 23.8.2001 or any other similar resolution/agenda item;(c) issue a writ of certiorari or any other ..... state that they have learnt about the fact that the 2nd respondent passed a resolution on 23.8.2001 at the 21st meeting of the marketing committee. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1999Delhi374; 81(1999)DLT3
..... 1 is statutory body created under the delhi agricultural produce marketing (regulation) act, 1976 and 'b' category licences are issued to the commission agents for carrying on business of commission agents and the same have to be renewed in accordance with the act and the rules and it is essential for the smooth administration of the market yard that the decision of the apmc may be ..... notices relate to the grant of license under the provisions of the delhi agricultural produce marketing (regulation) act, 1976 (hereinafter referred to as 'the act') and rules framed there under known as delhi agricultural produce marketing (regulation) (general) rules, 1978 (hereinafter referred to as 'the rules ..... 1, agricultural produce marketing committee acted in pursuance to the directions of this court as referred to above and filed application under section 151, cpc, ..... 2 has filed reply to the aforesaid application wherein averments are made that the orders passed by this court on 4th january, 1996 have not been fully complied with as will be indicated from para 6 of the reply which reads as ..... 1, challenge the same in an appropriate proceeding such as taking recourse to the right of appeal as provided under section 36 of the act or any other remedy as may be ..... also to be utilised by them and they are called mashakhors shops.in terms of the aforesaid it is stated that the mashakhors/small shop owners are not at all entitled for the category b license and any decision taken by the respondent .....
Tag this Judgment!Court : Delhi
Reported in : 2006(2)ARBLR374(Delhi); 131(2006)DLT411; 2006(90)DRJ86
..... objection of the respondent that the petitioner has an alternative remedy by filing a revision petition under section 121 of the delhi agricultural produce marketing (regulation act, 1998. ..... 11.11.2005:whether the clause in question amounts to an arbitration clause in an agreement;ii) whether the arbitration is maintainable in view of an alleged alternative remedy available to the petitioner by filing a revision petition u/s 121 of the delhi agricultural produce marketing (regulation act, 19988. ..... the act was made with the following object:an act to provide for the better regulation of marketing of agricultural produce and the establishment of markets for agricultural produce in the national capital territory of delhi and for matters ..... contained in this act, the government shall have the power of reversing or modifying any order or the board or any of its officers passed or purporting to have been passed under this act, if it is satisfied that such order is not in accordance with the provisions of this act, or any rule, regulation or bye-law ..... the present petition under section 11 of the arbitration and conciliation act, 1996 (for short, `the said act' seeking appointment of an arbitrator to enter upon reference and adjudicate the disputes between the parties in view of the failure of the respondent to commence the arbitration proceedings despite notice dated ..... hasten to add that mere inaction by a party called upon by the other one to act does not lead to an inference as to implied .....
Tag this Judgment!Court : Delhi
Reported in : 2005CriLJ83; 123(2003)DLT401
..... counsel for the petitioners did not dispute that as per the delhi agricultural produce market regulations act, turnover fee is payable by traders who carry on business within the precincts of a market.14. ..... it is urged that the petitioners were carrying on business as commission agents within the market area without obtaining the requisite license under the delhi agricultural produce marketing regulation act. ..... a division bench of this court in the decision reported as : 62(1996)dlt423 agriculture produce market committee v. ..... additionally, it is stated that petitioners are confusing between the license required by a person to carry on trade within the precincts of a market and allotment of space within a market by apmc committee for carrying on business. ..... respondents are the office-bearers of the delhi agricultural marketing board and gazipur subzi mandi, apmc shahdara, delhi.4. ..... for being liable to be proceeded under the contempt of courts act, 1971, if the charge is of violating an order of the court, mere infraction is not enough. ..... the short question which arises for consideration is, whether in light of the facts as noted above, are the respondents liable to be punished for having committed contempt of this court by violating order dated 22.1.2002 passed in wp(c) no. ..... gravement of a contempt is intentional violation of an order passed by a court.18. ..... 7627/00 filed by the petitioners, on 22.1.2002 following order was passed:-'this matter has been pending since december, 2000. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)57ITD109(Delhi)
..... act and of the rules and bye-laws made thereunder 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 purpose it may exercise such powers and perform such duties and discharge such functions as are provided by or under that act.in addition to the said duties the market committee may regulate ..... further contended that the ao was not justified in passing orders under section 144 without satisfying the statutory requirements laid down in section 139(2), 142(1) or 148 of the i.t.act. ..... provisions of article 289 of the constitution.4.1 in support of his claim that the assessee, apmc, azadpur was a local authority, the learned counsel invited our attention to the preamble of the delhi agricultural produce marketing (regulation) act, 1976, which provides that the legislation is for better regulation of purchase, sale, storage and processing of agricultural produce and the establishment of markets for agricultural produce in the union territory of delhi and for matters connected therewith or incidental thereto.the learned counsel submitted that the apmc, azadpur was functioning within .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1127; 1981(1)SCALE334; (1981)2SCC722; [1981]2SCR866
..... 1978, the subsidiary markets were abolished and the market at turbhe alone was declared as the principal market for the area comprising greater bombay and turbhe village.it was argued on behalf of the petitioners that the maharashtra agricultural produce marketing (regulation) act 1963 did not invest the director of marketing or the market committee with any power to compel a trader to transfer his activity from a previously e xisting market to a principal or subsidiary market established under sec. ..... section and of the rules providing for regulating the marketing of agricultural produce in any place in the market area, no person shall, on and after the date on which the declaration is made under sub-section (1) of section 4, without, or otherwise than in conformity with the terms and conditions of, a licence (granted by the director when a market committee has not yet started functioning; and in any other case, by the market committee) in this behalf, -(a) use any place in the market area for the marketing of the declared agricultural produce, or(b) operate in the market area or in any market ..... site or sites for the market, maintenance, development and improvement of the market, construction of, and repairs to buildings necessary for the purposes of such market and the health, convenience and safety of persons using it, maintenance of standard weights and measures, collection and dissemination of information, propaganda for agricultural improvement and orderly marketing etc. .....
Tag this Judgment!Court : Delhi
Reported in : 1985CriLJ1230; ILR1984Delhi588
..... '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'). ..... section and of the 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 declaration; or (ii) operate in the market area or in any market ..... be seen that section 6-a makes necessary provisions for the confiscation of the essential commodity seized and speaks of satisfaction of the collector that there has been a contravention of the order made under section 3 in relation thereto and only then the power of confiscation can ..... view that the question of bonafides or means read of a dealer may have bearing in criminal proceedings and may be considered there if any prosecution is launched against the dealer and those considerations are out of place at the stage of the confiscation, is not correct. .....
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