Court : Karnataka
Reported in : AIR1960Kant73; AIR1960Mys73; ILR1959KAR481
..... 40 which deals with the levy of market fees and it runs as follows:(1) 'the market committee shall levy fees as prescribed by the secretary to government, marketing department or such officer as may be designated by the government in this behalf on all cotton or agricultural produce coming into a market-yard either for storage in godowns or for immediate sale as follows:(the rates are here mentioned)clause (2) of rule 40 states: 'the market committee may collect such fees through its licensed adatyas or in the absence of ..... main point for consideration is whether the levy, demand and collection of fee in respect of produce brought by the petitioners from places outside raichur and brought into the godowns of their mills situated in raichur are wholly illegal as contended by the petitioners and whether such a levy is beyond the powers vested in the market committee.the authority to demand and collect such fees to given to the market committee under the provisions of the hyderabad agricultural markets act (act ii of 1339f). ..... a capacity although the special advantage, as for example in the case of registration fees for documents or marriage licenses, is secondary to the primary motive of regulation in the public interest.public interest seems to be at the basis of all impositions, but in a fee it is some special benefit which the individual receives ..... section 3 gives power to the government to notify the establishment of agricultural or open market.section 5 gives power to make rules .....
Tag this Judgment!Court : Karnataka
Reported in : 2008(5)KCCRSN651
..... respondent - company and the 1st respondent - corporation with regard to the loan sanctioned to the second respondent - company for its entity was such that it constituted the appellant - bank a trustee so as to act in a fiduciary capacity in order to ensure that the loan sanctioned by the first respondent -corporation would be utilised for the purpose for which it was sanctioned?2. ..... maintained in the usual course of business and it has to he presumed to be true in the absence of any rebuttal evidence produced by the bank, challenging the veracity of the entry in the delivery book. ..... in order to support its contention, the corporation has infact produced ex.p.31 which is an entry in the delivery book for handing over the cheque alongwith the covering letter by the corporation to the ..... documents may please be delivered to the captioned party under intimation to us.cc: m/s/ nelsa enterprises75/1, dispensary roadbangalore-560001encl: chequeyours faithfully,sd/-assistant manager (i & d)27/1ex.p.14central bank of india,75-76, commercial street,bangalore-560001.karnataka state financial corporation,shankaranarayana buildingm.g. ..... the plaintiff, karnataka state financial corporation had filed a suit against the defendant s se eking a judgement and decree of a ..... thereafter, by letter dated 10.8.1983 produced as ex.p.6, the bank informed the corporation that it had opened the letter of credit, as early as in may 1983 and that the goods had arrived in kochi port and were incurring demurrage and .....
Tag this Judgment!Court : Karnataka
Reported in : 1974CriLJ1210
..... the respondents pleaded that it was not the law that they had to take licences as complained by the appellant because they were doing their business in the market yard after taking necessary licences from the market committee established under the mysore agricultural produce marketing (regulation) act, 1966. ..... section 8 (1) (a) of the marketing act is the relevant provision and it reads as follows:(1) after the market is established-- (a) no local authority shall notwithstanding anything contained in any law for the time being in force, establish, authorise or continue or allow to be established, authorised or continued any place in the market area for the marketing of any notified agricultural produce:provided that a local authority may establish or continue any place for retail sale of any notified agricultural produce subject to the condition that no market functionary shall operate in such place ..... when it is clear that section 8 of the marketing act deals only with the establishment or continuation of the establishment already made, of a place in a market area for the marketing of any notified agricultural produce, we are unable to see how the use of the non obstante clause 'notwithstanding anything contained in any other law for the time being in force' in the said section provides exemption to the respondents from obtaining licences under rule 50 of the rules and rule 9 of the mysore rules, especially when .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1975Kant220; 1975(2)KarLJ132
..... the learned single judge allowed writ petitions and issued writs directing the market committee to forbear from demanding licence fee and market fee from petitioners in respect of the agricultural produce specified in the aforesaid notification (dated 8-6-1973) until a fresh notification was issued under section 6(2)(b) of the karnataka agricultural produce marketing (regulation) act, 1966, (hereinafter referred to as the act).3. ..... the chief marketing officer, by his notification dated 17-12-1968, issued in exercise of powers conferred by sub-section (2) of section 2 of the act, declared-(i) the area within the municipal limits of mangalore city in the market area of the agricultural produce market committee, mangalore, shall be the market for the said market area; and (ii) the locality within the boundaries specified in that notification shall be the market yard for the regulated marketing of the notified agricultural produce in respect of the said area. 16. ..... the area declared as market and the place declared as market-yard under section 6(2) of the act, can be market and the market yard for regulated marketing of any new items of agricultural produce declared as such, whether the notification under section 5 of the act so declaring those items, has been issued prior to, or subsequent to, the declaration of the market and the market yard under section 6(2) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1976Kant141; 1975(2)KarLJ464
..... questioned the validity of the notification dated 18-6-1975 issued by the state government under section 145(1) of the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter referred to as the act), dividing kumta market area into two market areas and of the two notifications dated 18-8-1975 issued under section 145(2)(a) of the act constituting market committees for the two new market areas.2. ..... state agricultural marketing board has passed a resolution on 31-5-1974 stating that the board has agreed for the establishment of an independent market committee at honnavar after bifurcating the market area of the agricultural produce market committee, kumta, into two market areas ..... the kumta agricultural produce market committee. ..... there was a market area established under the bombay agricultural produce markets act, 1939, comprising of kumta, ankola and honnavar taluks and bhatkal ..... would not be an economically viable one;(ii) the action of the state government in splitting one market area into two market areas was an unwise step as there was no need to do so; and(iii) as the 2nd petitioner who is a member of congress organisation party, has to vacate his office as chairman of the kumta market committee which had originally jurisdiction over the four talukas, the action taken by the state government consisting ..... section 112(2) requires that any action taken under sections 4, 5, 6 and 127 of the act should be taken in consultation with the state agricultural marketing .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1976KAR629; 1976(1)KarLJ272
..... respondents 1 and 2, among others, were elected as members of the regulated market committee, bhalki, constituted under the karnataka agricultural produce market (regulation) act, 1966 (hereinafter called the act). ..... this appeal by the tahsildar and returning officer, agricultural produce market committee, bhalki, bidar district, who is respondent no. ..... the deputy commissioner, bidar published a notification in the official gazette under section 27 of the act notifying the names of all the elected members of the market committee on 7-8-1975. ..... the date on which the election was due to take place, the appellant tahsildar issued a notification cancelling the calendar of events for the purpose of holding elections to the offices of chairman and vice-chairman of the market committee on the ground that the market committee had not been duly constituted. ..... thereafter, the appellant herein published a calendar of events on 5-9-1975 for election of the chairman and the vice-chairman of the market committee, and the election was fixed for 25-9-1975. ..... if the principle of section 21 of the general clauses act can be availed of by returning officers, then it is likely to be seriously abused wherever the persons in authority find that their candidates are not likely to win or their nominations are not valid. ..... his submission was that under section 21 of the general clauses act, the tahsildar who has got the power to issue a notification has necessarily the power to denotify. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1977Kant86; ILR1976KAR1243; 1976(2)KarLJ20
..... market committee, by its order dated 13-8-1973, suspended the petitioner's licence, for a period of one month, under, section 73 of the karnataka agricultural produce marketing (regulation) act, 1966, (shortly called 'the act ..... of the karnataka agricultural produce marketing (regulation) rules, 1968 ..... of merchants and commission agents trading within the jurisdiction of the agricultural produce market committee, shimoga. ..... (1) subject to the provisions of sub-section (4), a market committee may, for reasons to be recorded in writing, suspend or cancel a licence-0(a) xx xx xx xx(b) if the holder thereof or any servant or any one acting on his behalf with his express or implied permission, commits a breach of any of the terms ..... the secretary, without accepting the offer, brought the matter before the market committee and the committee, by its resolution dated 13-8-1973, suspended the trading licence of ..... to the market committee for reconsideration of the entire matter, in the light of this order, with liberty to the parties to produce all the ..... explained the circumstances under which they have withheld the payment; but finally offered to pass on the said amount to the secretary of the market committee to make the payment to subbiah gowda with the risks attendant thereto. ..... market committee may examine any dispute, advise the parties to settle their differences and if there is unimpeachable evidence on the delaying tactics of the commission agent, it may take appropriate action under section .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant95; 1977(1)KarLJ409
..... --(1) subject to the provisions of section 110, nothing in this act, except section 8, shall apply to lands-- (i) belonging to government;(ii) held on lease from government for a period not exceeding twenty years;(iii) belonging to or held on lease by or from a local authority, an agricultural produce marketing committee constituted under the karnataka agricultural produce marketing regulation act, 1966 (karnataka act 27 of 1966), a university established by law in india, the karnataka bhoodhan yagna board established under the karnataka bhoodhan yagna act, 1963 (karnataka act 34 of 1963);(iv) given as a gallantry award;(v) used for such stud farms as are in existence on the 24th day of january ..... 1971 and approved by the state government;(vi) used for the cultivation of linaloe;(vii) held by the coffee board constituted under the coffee act, 1942 (central act 7 of 1942) for purposes .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant210; ILR1978KAR1307; 1978(2)KarLJ378
..... this petition is directed against the judgment of the district judge, dharwar, in an election petition under section 41(4) of the karnataka agricultural produce marketing (regulation) act, 1966 (hereinafter to be referred to as 'the act'), and rule 45 (2) of the rules thereunder (hereinafter referred to as 'the rules').3. ..... 11, the assistant secretary of agricultural produce market committee, was not competent to vote.5. ..... petitioner and respondent 1 were candidates for an election to the office of the chairman of the agricultural produce market committee, ranibennur. ..... for the agricultural market committee, ranibennur, the chief marketing officer had nominated the district marketing officer, dharwar district, as such member, it is common ground that at the time of the election, that district marketing officer had been transferred and respondent no. ..... swamy contended that since neither the act nor the rules provide on what grounds an election to the office of the chairman of a market committee, can be set aside, the learned district judge could not have set aside the election in spite of his having been empowered under section 41 of the act to decide any dispute relating to the validity of such election, in support of his contention sri k.a. ..... 11, the assistant secretary, agricultural produce market committee, hubli, was placed in charge of the current duties of the office of the district marketing officer and voted in that election. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1979Kant195; ILR1979KAR1291
..... it reads thus: 'the government is willing to remove the restrictions in relation to licensed trader exclusively by making necessary amendments to sections 75, 76, 77 and 84 of the karnataka agricultural produce marketing (regulation) act, 1966. ..... section 77 states that every licensed trader who buys notified agricultural produce shall at such time enter into a written agreement with the seller executed in triplicate of which one copy shall be retained by the buyer, one copy shall be retained by the seller and the third copy shall be submitted to the market committee. ..... this is quite evident from the records produced by the market committee, and also from the admission made by not less than 119 market functionaries who have been trading in the new market yard since a couple of years. ..... the secretary, trptue agricultural produce market committee, tiptur, w. p. no. ..... in view of these submissions, it is for the petitioners to approach the market committee for allotment of premises for the purpose of their trading activities. 18. ..... datar, learned counsel for the market committee at the fanged of his arguments, made a statement before us that those petitioners who had applied for sites and who have not yet been granted would be given accommodation if they approach the market committee with all the evidence. .....
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