Judgment Search Results Home > Cases Phrase: karnataka agricultural produce marketing regulation act 1966 section 127 supersession of market committee Sorted by: old Court: kolkata Page 1 of about 7 results (0.116 seconds)

State of West Bengal Vs. M/S. Shrey Marcentile Pvt. Ltd. and ors.

Court : Kolkata

Reported in : (2001)1CALLT58(HC)

..... ) supp scr 319 and laid down the following principles for satisfying the tests for valid levy of market fees on the agricultural produce in the following terms :-- 'from a conspectus of the various authorities of this court we deduce the following principles for satisfying the tests for a valid levy of market fees on the agricultural produce bought or sold by licensees in a notified market area :-- (1) that the amount of fee realised must be earmarked for rendering services to the licensees in the ..... that spending the amount of market fees for the purpose of augmenting the agricultural produce, its facility of transport in villages and to provide other facilities meant mainly or exclusively for the benefit of the agriculturists is not permissible on the ground that such services in the long run go to increase the volume oftransactions in the market ultimately benefitting the traders also. ..... section 602 of the said act empowers the corporation to make regulations not inconsistent with the provision of the act or the rules made thereunder for discharging its functions under the act. ..... it may be, as was submitted before us, that is not imperative either for the market committees or the board to prepare balance sheets because their accounts are audited by government auditors but for the purposes of raising the market fee any further, the balance sheets will give a true picture of the position also with the budgets and ..... state of karnataka & ors reported in 1985 ( ..... state of karnataka & ors .....

The Islampur Municipality and anr. Vs. Chaudhuri M. Manjar Afaque and ...

Court : Kolkata

..... dated 19th april, 2000 by the said municipal authority on two grounds, which are as follows:(i) that the subject plot is not a vacant one and the same was being used/controlled as a fish and flesh market since 1973 by islampur regulated market committee constituted under section 5 of west bengal agricultural produce (marketing) regulation act, 1972 and the islampur regulated market committee used to collect the tolls from the individual stall holders trading in the said ..... 1418-mw&c;/9m-22/2006 dated 10th april, 2007 as relied, reads such:in exercise of powers conferred by sub-section 2 of the section 4 of the west bengal agricultural produce marketing (regulation) act, 1972 (west bengal act xxxv of 1972), the governor is pleased to declare that no local authority or any other person, notwithstanding anything contained in any law for the time being inforce, shall set up, establish any place for the purchase, sale, storage or processing of any agricultural produce and to set up any new marketing infrastructure within 10 kms. ..... : [1966]1scr505 rejected the contention that the gujarat agricultural produce markets act was ultra vires the constitution. ..... : [1966]1scr505 observed, after referring to the provisions of the gujarat agricultural produce markets act:the ordinary cultivator in our country suffers from many handicaps; he is generally illiterate, and often ignorant of the prevailing price in the market of agricultural produce. .....

Collector of Customs Vs. Priyanka Overseas (P) Ltd.

Court : Kolkata

Reported in : 1991(32)ECC206,1991LC57(Calcutta),1989(41)ELT195(Cal)

..... it was pointed out that it is true that the question whether the goods to be taxed have been subjected to manufacturing process so as to produce a new marketable commodity is the decisive test in determining whether an excise duty is leviable or not on certain goods, but dealing with the sales tax, the taxable event is ..... 1.7.1977.in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 19621 (52 of 1962), and in supersession of the notification of the government of india in the department ..... follows :-'by a catena of decisions it is settled law that an expression used in a taxing statute for describing a commodity must be given the meaning which is generally given to it by a person in the trade or in the market of commodities and should tie interpreted in the sense the person conversant with the subject-matter of statute and dealing with it would attributed to it.' 57. ..... and established by eligible importers before the date of issue of the public notice.clause 34- nothing in this licence shall affect the application to any goods of any other prohibition or regulation affecting the import thereof, in force at the time when such goods are imported.'8. ..... by a letter dated 13th august, 1987, the ministry of agriculture, department of agriculture and co-operation of the government of india, informed a trader that though palm kernel is different from palm seed, palm kernel ..... karnataka ..... swastik tobacco factory : [1966]3scr79 (raw tobacco manufactured ..... 127 ..... 127 ..... 127 .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : (1996)2CALLT183(HC),100CWN900

..... act does not apply to any land to which the provision of calcutta thika tenancy (acquisition and regulation) act, 1981 applies in view of ..... ) the law has been declared in the following terms:-(1) payment of just compensation or indemnification has been held by the supreme court in bela banerjee's case reported in : [1954]1scr558 is not required,(ii) payment of market value in lieu of acquired property is not sine qua non for acquisition;(iii) acquisition and payment of amount are part of the scheme and they cannot be dissected;(iv) however, fixation of the amount or specification ..... to defeat a law of agrarian reform, transfer of surplus land to the village panchyat for the use of the general community, such as promotion of agriculture or welfare of the agricultural population, acquisition of private forest lands belonging to a jagir or inam for such purposes, for settlement of agricultural labour, fixing a ceiling area and providing for distribution of the surplus amongst the tillers of the soil, acquisition of the land together with standing ..... the judges of the supreme court in solemn session sit and deliberate for half a year to produce a legislation for reducing glaring economic inequality their genius will let them down if the essay ..... of karnataka ..... /1966 : [1966]3scr744 ..... by them and by so wrongly deciding the jurisdictional fact they have assumed jurisdiction, the adjudication on the issues falling within their jurisdiction, shall also become without jurisdiction.127 .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... holding such enquiry he shall:(i) in any case where the land proposed to be acquired is agricultural land, consult the senior agricultural officer of the district whether or not such land is good agriculture land;(ii) determine having regard to the provisions of sections 23 and 24 of the act, the approximate amount of compensation likely to be payable in respect of the land, which ..... section 6 of the act unless:(i) the appropriate government has consulted the committee and has considered the report submitted under this rule and the report, if any submitted under section 5a of the act; and(ii) the agreement under section 41 of the act ..... framed by the governor under article 166(3) of the constitution, is said to produce the position that the business of the government insofar as it consists in giving sanction under section 5(2) or being satisfied under section 4 or section 6 of the land development act, has been delegated by the minister to the assistant secretary of the department. ..... allegation of collusion and pointed out that rule 4(vi) deals with taking over the agricultural land and under article 31a of the constitution of india, it has been specifically stated that market price should be paid and the acquisition of agricultural land is not a bar excepting the proper compensation has to be paid. ..... follows: [sc page-1966, para-16]that there is nothing in sections 4, 5a and 6 to suggest that section 4(1) is a kind ..... karnataka ..... in : air2005sc3520 [supra]; 1881-85 all e r 127/131 [dawkins v. .....

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... reported at : (2000) 8 scc 61 (agricultural produce market committee v. ..... a single judge of the high court of which he is a member or of a division bench of that high court, he is not bound to follow that precedent because by following the precedent the judge would act contrary to section 165 of the indian evidence act, and would also violate the oath of office taken by him when entering upon his duties as a judge under the constitution; and (2) that a judgment of a full bench of the court may be ignored ..... action is launched or a suit is filed against a foreign state, person concerned has to make a request to the central government for grant of the necessary consent as required by sub-section (1) of section 86 and the central government has to accede to the said request or refuse the same after taking into consideration all the facts and circumstances of the case. ..... are not only defence of the country or administration of justice or maintaining law and order but it extends to regulating and controlling the activities of people in almost every sphere, educational, commercial, social, economic, political and even ..... the court relied on the royal nepal airlines corporation judgment of a division bench of this court : air 1966 cal 319 and on article 14 of the constitution of the kingdom of saudi arabia that provided that all the wealth under the ground or on the surface or in the national territorial ..... rostock nor the judgment reported at : (1996) 7 scc 127 (videsh sanchar nigam limited v. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... state could have invoked the west bengal public land (eviction of unauthorized occupants) act 1962 or west bengal government premised (tenancy regulation) act, 1976.439.he further submitted that the only reason for not resorting to the above acts is that all of them require some notice to be served for a reasonable period and this would have frustrated the strategy of the state to somehow dispossess tml after sunset and in ..... the decision of national agricultural cooperative marketing federation of india ltd. ..... having regard to the terms of section 18(1) it appears clear to us that the intention of parliament was to cover the entire field and thus to leave no scope for the argument that until rules were framed, there was no inconsistency and no supersession, of the state act. ..... from the said rule that the quorum for the meeting of the committee shall be ten and the decision of the majority of the members ..... the supreme court held as follows :the impugned act, acquisition act primarily falls under list ii entry 18 since the dominant intention of the legislature was to protect an estate covered by the karnataka land reforms act, 1961 as part of agrarian reforms. ..... a writ of certiorari is prayed for calling upon the respondents to produce all records including documents and/or decision of and/or records of state ..... trial court has found repugnancy but the learned judge undertook the task assigned to the president by the constitution by rectifying and usurping the power of the president.127. .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... the state legislature can make laws regarding money-lending even where gold is involved under entry 30, list ii, even as it can regulate gambling in gold under entry 334, impose sales tax on gold sales under entry 54, regulate by municipal laws under entry 5 and by trade restrictions under entry 26, the type of buildings for gold shops and the kind of receipts for purchase or sale ..... upon the decision of national agricultural cooperative marketing federation of india ltd. ..... present case, having regard to the terms of section 18(1) it appears clear to us that the intention of parliament was to cover the entire field and thus to leave no scope for the argument that until rules were framed, there was no inconsistency and no supersession, of the state act. ..... appears from the said rule that the quorum for the meeting of the committee shall be ten and the decision of the majority of the members present ..... repugnancy under article 254 of the constitution arises when the provisions of both laws are fully inconsistent or are absolutely irreconcilable and it is impossible without disturbing the other, or conflicting results are produced, when both the statutes covering the same field are applied to a given set of facts. ..... supra) where the supreme court held as follows : the impugned act, acquisition act primarily falls under list ii entry 18 since the dominant intention of the legislature was to protect an estate covered by the karnataka land reforms act, 1961 as part of agrarian reforms. ..... 127 .....