Court : Mumbai
Reported in : 2001(4)BomCR35; (2001)3BOMLR65
..... ') constituted under the maharashtra agricultural produce marketing (regulation) act, 1963 (hereinafter referred to as the 'a.p.m.c. ..... singhavi pointed out that bamboo and fire-wood was originally included in the schedule to the maharashtra agricultural produce marketing (regulation) act. ..... under section g of the act, marketing of scheduled agricultural produce in the market area is regulated by she a.p.m.c.. ..... 5 is the agriculture produce market committee, pune (hereinafter referred to as 'a.p.m.c. ..... secondly, the karnataka act, 1972 and the central act, 1894 (as amended by the karnataka act, 1961)are supplemental to each other for unless the central act supplements the karnataka act. ..... it can lapse only under the circumstances mentioned under section 127 of the m.r.t.p. ..... it can happen only after the procedure under section 127 of the m.r.t.p. ..... he relied upon section 127 of the m.r.t.p. ..... it was specifically alleged that the supersession was with a view to withdraw writ petition no. ..... act is either to allow the reservation to lapse (section 127) or to change over to another purpose (section 128) or to delete the reservation (section 50) as stated above.58. ..... 6 to this petition is the pune municipal corporation which is the planning authority under the provisions of the maharashtra regional and town planning act, 1966 (hereinafter referred to as the 'm.r.t.p. ..... 127. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR4272; 2001(6)KarLJ509
..... the object for bringing out this amendment is very clear which reads:'section 11 of the karnataka agricultural produce marketing (regulation) act, 1966 provides for constitution of second and subsequent market committees, there was no provision for nomination of members to a market committee except nomination of an officer by the director of agricultural marketing. ..... the petitioner is challenging the validity of section 11(1)(ix) of the karnataka agricultural produce marketing (regulation) act, 1966 (for short, 'the act') to the extent of providing voting right to members nominated under this section.2. ..... accordingly, the karnataka agricultural produce marketing (regulation)(amendment) ordinance, 1997 was promulgated on 22nd may,1997'.from this it is clear that the government felt it necessary to nominate 3 members for the utilisation of funds for various developmental activities and that being the case, the government conferred the voting power also on those nominated powers to vote to give effective administration of the marketing committee. ..... therefore, the argument of the learned counsel for the petitioner that clause (ix) of sub-section (1) of section 11 incorporated by the agricultural produce marketing (regulation) (amendment) bill, 1998, and prior to that, there was no question of the government nominating 3 members to the committee is liable to be accepted. .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(6)KarLJ57
..... 26-4-1989, the complaint under section 200 of the criminalprocedure code was presented before the learned magistrate by theappellant (hereinafter referred to as 'the complainant') against respondent (hereinafter referred to as 'the accused') alleging commission of theoffences under sections 114, 117a and 122 of the karnataka agricultural produce marketing (regulation) act, 1966 ('the act' in short). ..... section 114 of the act prescribes penalty for evasion of payment of any fee, or other amount due by a person under the act or the rules, or the regulations or the bye-laws ..... section 122 does not come into play in the instant case, it being the definite case of the complainant that the accused committed the specific offences under sections 114 and 117a of the act. ..... section 122 of the act is a general provision for punishment of offences thereunder which states that, in the absence of any express provision under the act, prescribing the penalty for the particular offence, the convicted accused be punished with fine which may extend to two hundred ..... section 117a provides for penalty for contravention of section 66 of the act and it states that on conviction of the accused for this offence, he shall be punishable with fine, which may extend to one thousand ..... i which is filed under section 378(4) of the criminal procedure code for the proposed appellant seeking leave to prefer an appeal against the order dated 22-9-1997 of the learned sessions judge, passed allowing the respondent's cri. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(2)KarLJ66
..... section 38 of the karnataka agricultural produce marketing (regulation) act, 1966, provides the term of office of the member of the market committee as five years ..... the petitioners are all elected members of the committee of management of agricultural produce marketing committee, sakleshpur as per the list of events they were all declared elected by the returning officer on 6-4-1997 ..... section 39 of the act, provides for commencement of the term of office which reads as follows:'39(1) the term of office of the market committee shall commence on the date immediately after the expiry of the outgoing members of the market committee or on the date of the publication of the names of the elected members under section 27, whichever is later'.3 ..... from a reading of section 39, it is clear that the term of office commences on the date immediately after the expiry of the term of the office of the outgoing member of the market committee or on the date of publication of names of the elected members under section 27, whichever is later. ..... ultimately, on the writ petition filed by some persons, the state government directed the tahsildar to take steps to constitute the committee of elected members of the market committee. ..... therefore, the date of publication of the notification as required under section 27 being later is the date to be taken for the purpose of commencement of the term of office ..... but for one reason or the other, the state government did not constitute the committee by calling the meeting. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC852; 2002(1)ARBLR112(SC); [2002(2)JCR177(SC)]; JT2002(1)SC294; 2002(1)SCALE327; (2002)9SCC232; [2002]1SCR441; (2002)1UPLBEC814
..... of karnataka agricultural produce marketing (regulation) act, 1966, on the ground that in view of tobacco board act, 1975 and tobacco association act, 1975, the entire field regarding the development of tobacco industry including the marketing of tobacco was occupied and the state legislation is repugnant to the central act.so far as 12 appeals arising out of the judgments of madhya pradesh high court are concerned, the high court of madhya pradesh followed the judgment of this court in the itc case and held that the market committee ..... . from the aforesaid stand point, if we examine the different provisions of the tobacco board act, more particularly sections 3, 8 and 32 and the provisions of the agricultural produce markets act, more particularly section 4(2) thereof as well as section 15, which is said to be the heart and soul of the markets act in belsund's case, the conclusion is irresistible that the two acts come in direct collision with each other and it is difficult to reconcile the provisions of both the acts ..... the stand taken before the high court was that tobacco leaves neither having been bought or sold within the market area and the power to levy and collect market fee under section 27 of the bihar agricultural produce markets act, being on the agricultural produce bought or sold in the market area, the market committee was not entitled to levy market fee. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ1734
..... even though the inquest report, prepared under section 174, cr.p.c, is aimed at serving a statutory function, to lend credence to the prosecution case, the details of the fir and the gist of statements recorded during inquest proceedings get reflected in the report ..... he states in his evidence that he had gone to jodihsahalli on the night of 13-9-1989 for the purpose of agricultural work. ..... 3, if after such cut injuries, repeatedly on the same injuries, injuries are caused by means of clubs and stones, of the type of clubs, sticks and stones produced in this case and which are in court.61. ..... 3 after setting out the reason for her presence gives detail of all the overt-acts alleged to have been caused by each of the accused against the deceased. ..... 6 was an assistant marketing officer and was an educated person. if p.w ..... with respect to delay in examination of witnesses, section 161 - delay (of 2 1/2 months) in recording statement of witness - does not invariably render the testimony of the witness doubtful though evidence has to be scanned carefully - each case has to be considered on its own fact - if witness is found to be natural ..... 23 registered a case under section 307 read with section 114, ipc and other offences ..... for the offences under sections 307 and 326 ipc we don't send express report ..... for the offence under section 302 was submitted to the court as per ex. p-52.11. p.w ..... dated 22-4-1996, in acquitting the respondents-accused for the offences punishable under sections 148, 341, ipc r/w. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1285; JT2002(2)SC549; 2002(2)SCALE476; (2002)4SCC125; [2002]2SCR261; [2002]128STC226(SC)
..... rice millers and commission agents in the state of karnataka having licences under the provisions of the rice milling industries (regulations) act, 1958 filed writ petitions challenging the validity of levy of market fee on rice by the marketing committees constituted under the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 (for short 'the marketing act').3. ..... this court while dealing with the sugar matters considered the applicability of the bihar agricultural produce markets act, 1960 to the transactions of purchase of sugarcane and sale of sugar and molasses by the sugar mills keeping in view the fact that regulation of these transactions was already affected by the bihar sugarcane (regulation of supply and purchase) act, 1981 as well as by the sugarcane (control) order, 1966 and sugarcane (control) order, 1966 both issued under section 3 of the essential commodities act, 1955. ..... - in exercise of the powers conferred under section 42 of the bihar agricultural produce markets act, 1960, the governor of bihar is pleased to exempt all sugar mills from the provisions of section 15 of the bihar agricultural produce markets act, 1960 with regard to their sale and purchase of agricultural produce notified under sub-section (1) of section 4 of the said act."13. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ799
..... . in that decision, the provision of bihar agricultural produce markets act, 1960 fell for consideration ..... . firstly, the matter was dealt with by the karnataka high court and it upheld the contention of the state government that even though section 18g of the industries (development & regulation) act empowered the central government to issue notification on the subject, as no such notification was issued, the state act was intra vires the constitution ..... . karnataka electricity board (cited (iv) supra), the point was as to whether electricity (supply) (karnataka amendment) act, 1981, was repugnant to industries (development and regulation) act, 1951, a central legislation ..... no 25220 of 2001 is quite different, as, in the said writ petition, a mandamus is sought for to direct the first respondent government to convene the selection committee to select and appoint the chairperson and the members of the tamil nadu state electricity regulatory commission. ..... . the argument was that a particular provision of the state act empowering the levy of market fee was repugnant to the bihar sugar cane (regulation of supply and purchase) act, 1981 read with sugarcane (control) order, 1966, and sugar (control) order, 1966, issued under the essential commodities act .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(5)KarLJ4
..... petitioner filed an application against respondents 1 to 3 to disqualify them under the provisions of the karnataka agricultural produce marketing committee act, 1966 (for short, 'apmc act') under section 17. ..... in fact, this very question has been considered by the division bench in parappa's case, supra, and the division bench in unmistakable terms has ruled that a reading of section 17 makes it clear that the director of apmc gets jurisdiction to decide the disqualification aspect of a sitting member only if it has been caused to him subsequent to his ..... petitioner-somanath, s/o siddagonda bagalkot, the chairman, apmc, bijapur is seeking for the following prayers:(a) a writ in the nature of mandamus or any other writ or order or direction, directing the 5th respondent to allow the application produced at annexure-g and h pending final disposal of the case filed under section 17 of the act for disqualification by the petitioner as per annexure-g, dated 9-5-2002. ..... sixth respondent is the minister for agricultural marketing and also the district minister. ..... to the petition averments, the first respondent gave false information and got elected to the committee as an agriculturist from the agricultural constituency, even though he is a trader. ..... 5 is holding a responsible position as a director and respondent 6 is holding a responsible post of a minister of agricultural marketing. ..... section 17 of the apmc act provides for disqualification of a sitting ..... is also opposed to section 16 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(5)KarLJ10
..... of respondents 1 and 2 to the committee is directly hit by section 16(1)(a) of the karnataka agricultural produce marketing (regulation) act, 1966 (for short 'the act') as they are traders and not ..... situation of 'no confidence motion' arose, the appellant-petitioner filed an interim application before the 5th respondent on 9-5-2002 praying to restrain respondents 1 to 3 from participating in any of the meetings of the agricultural produce marketing committee, bijapur including 'no confidence motion' meeting till final disposal of the main case pending on the application filed as per annexure-g. ..... the election to the committee of 17 members of agricultural produce marketing committee, bijapur was held ..... (2) whenever the question whether a person is or has become subject to disqualification under sub-section (1) arises, the director of agricultural marketing shall either suo motu or on a report from the secretary to the market committee or otherwise, and after giving an opportunity to the member concerned to be heard and holding such enquiry as he deems fit, decide the question ..... he submits that the division bench in parappa's case, supra, on considering sections 16 and 17 of the act and the jurisdiction of the director to decide disqualification aspect of a sitting member, has held that 'a reading of section 17 of the act makes it abundantly clear that the director of agricultural marketing gets jurisdiction to decide the disqualification aspect of a sitting member, only if it has been .....
Tag this Judgment!