Court : Supreme Court of India
Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825
..... it is, therefore, clear that raw agriculture produce is an input of finished product for commercial purposes and its regulation, by the acts or rules or orders, cannot be assailed as ultra vires the legislature on the basis of the population of the agriculturists when it affects consumer public or manufacturers of finished products whose business avocation ..... packed for the purposes of its supply or distribution in such jute packaging material as may be specified in the order:provided that until such time as the standing advisory committee is constituted under section 4, the central government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the standing advisory ..... dumond (1949), had stated that our system is that every farmer and every craftsman shall be encouraged to produce by the certainty that he will have free access to every market in the nation, that no home embargo will withhold his exports and that no foreign state will by custom, duties or regulation exclude them [vide: the encyclopedia of american constitution on the chapter economic analysis and the constitution at ..... south india, paddy cultivation is the primary economy while in kerala spices and in andhra pradesh, karnataka and tamil nadu sugarcane, tobacco, pulses, cotton and other commercial commodities would supplement paddy cultivation. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1996KAR3359; 1996(7)KarLJ484
..... section 2-a of section 6 of the then mysore agricultural produce marketing (regulation) act, 1966 which was enforced with effect from 1.5.1968 and this was later called as the karnataka agricultural produce marketing (regulations) act ..... reliefs and issuance of writ of certiorari or any other suitable writ or direction.a) the petitioner has prayed for a declaration that the respondent has no jurisdiction to regulate the timber trade being carried out by the petitioner in chickmagalur town under the provisions of the karnataka agricultural produce marketing (regulation) committee act, 1966;b) the petitioner has prayed for the quashing of the notice bearing no. ..... before the judicial magistrate first class, chickmagalur, against the petitioner for the violation of the provisions of the karnataka agricultural produce marketing committee (regulation) act, 1966 and the magistrate took the cognizance of the complaint and registered the case as c.c.no. ..... enforcement of the mysore agricultural produce marketing (regulation) act which is now known as karnataka agricultural produce marketing committee (regulation) act, 1966, the chief marketing officer issued a notification on 9.2.1970 and thereby declared that the entire area within the municipal limits of the chickmagalur town shall be sub-market for market area of agricultural produce market committee, kadur and by this notification the place which has been specified in this notification was also declared to be the sub-market yard as well. .....
Tag this Judgment!Court : Karnataka
Reported in : 1996(7)KarLJ219
..... the joint director held that as per clause-8 of section 56 of the karnataka agricultural produce marketing regulation act, 1966, though the secretary is responsible for all moneys credited or received on behalf of the market committee, he is not liable as he cannot give attention to these things and he will be having other work also. ..... the brief facts of the case are that the petitioner had been working as an accountant in the agricultural produce marketing committee, chitradurga. ..... the enquiry officer the joint director as well as the director of agricultural marketing have started with the basic presumption that the market committee has suffered loss because the government circular dated 8,3.83 had not been brought to the notice of the secretary of the committee and as such the 15 f.d.r's were got renewed on the date of maturity for one year resulting in loss of interest that marketing committee might have earned on that, if the money would have been withdrawn ..... the proceedings were initiated to fasten the liability for the alleged loss and the joint director of the agricultural marketing committee was appointed to inquire into the matter and he submitted his report in the context of audit objections. ..... had been utilized for discharge of loans, apmc would have saved the extra interest of 2 per cent on the loans and that instead as the f.d.r's had been renewed for a further period of one year, the agricultural marketing committee had to suffer a loss to the tune of rs. .....
Tag this Judgment!Court : Karnataka
Reported in : 1997(1)KarLJ463
..... when this being the position, the position in the present case is that bye-laws had been framed by the davangere market committee in exercise of the powers under section 148 of mysore agriculture produce marketing regulation act, 1966. ..... their case is that the first respondent government of karnataka issued a notification under section 5(3) karnataka agriculture produce marketing regulation act (hereinafter referred' to as 'the act') indicating its intention to regulate the marketing of some more items mentioned therein, which includes pulses, in the market area as well as control of marketing thereof. ..... annexure-b issued by the first respondent until compliance is made by the respondents as provided under sections 6(4), 7, 9 and 63 of the karnataka agriculture produce marketing committee act;b) issue a writ/order/direction in the nature of writ of mandamus or direction not to demand and collect market fee from the petitioners until the executive orders are issued under section 7 of the act after satisfying the bye-laws or resolution passed by the third respondent market committee in implementing the intention of regulating the additional items vide annexure-b notification bearing no. ..... they have obtained necessary licenses under karnataka essential commodities licensing order, 1986 and karnataka agriculture produce marketing regulations act, 1966 as well as karnataka sales tax act, 1957. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1252; JT1997(2)SC243; 1997(1)SCALE720; (1997)3SCC410; [1997]1SCR24; [1997]105STC4(SC)
..... deliver and confiscation of quantity not delivered, (d) delivery to be effected at such times and at such places as designated by the board (section 25(2): the extinguishment on delivery of all rights of the growers in respect of the coffee delivered to the board excepting the right to receive payment under section 34 of the act (section 25(6)), (e) sale of coffee in the pool by the board in the domestic market and for export through auctions and other channels in regulated quantities and at convenient intervals (section 26(1)). ..... in remote areas specified in the notification issued by the central government under the proviso to section 25(1) of the coffee act are exempt from this provision, (c) seizure by the board of coffee wrongly withheld from ..... : [1966]59itr254(sc) ), (unanimous decision of bench of five learned judge) which arose under the madras plantations agricultural income-tax act, 1955 held that when growers delivered coffee under section 25 of the act to the board all their rights therein were extinguished and the coffee vested ..... states issued different orders under the essential commodities act known by different names as levy orders, procurement orders or requisition orders, for purchasing part of the produce or stocks of the foodgrains in question from ..... commr of commercial taxes, karnataka : air1988sc1487 ; oil and ..... of commercial taxes, karnataka : air1988sc1487 , this court had occasion to consider more or ..... , karnataka, bangalore ..... coffee board, karnataka, bangalore v. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1753; 1998(1)KarLJ142
..... tahsildar shall prepare a list of the lands which have been or have to be assigned for special purpose under section 39 of the code, such as for free pasturage, for village cattle, for forest reserve or for any other public purpose including cattle sheds and stands, sites for stacking hay and other agricultural produce, manure pits, extension of gramatanas, provision of sites for school buildings, playgrounds and gymnasia, sites for other public ..... land revenue (amendment) rules, 1960 ('the rules' for short) under which the grants were made do not contain any term prohibiting the sale either permanently or within any specified period; as the grant of agricultural lands were in favour of persons who were already in occupation in pursuance of temporary leases granted before the commencement of the rules, the grant was governed by rule 43-j, and rule 43-g of the rules which stipulated ..... where the grant is made free of cost, or is made at a price which is less than the full market value, the grant shall be subject to the condition that the land shall not be alienated for a period of fifteen years from the date of the grantee taking possession of the land, after the grant ..... 43-j in siddamma's case,supra, but was not inclined to refer all the matters relating to the appeal to the full bench, it has only referred the aforesaid question to the full bench for decision under section 7 of the karnataka high court act. 7. ..... the grant of lands were regulated by different rules at different points .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR85
..... fallen for decision in these two writ petitions which effectively concern the fate of theagricultural produce market committees (hereinafter referred to as the 'apmcs') in the state of karnataka. ..... they virtually handle crores of rupees worth of agricultural produce of all categories on a day-to-day ..... additional reason for this because i have carefully evaluated the further submission canvassed by the learned senior counsel who represented the government when he pointed out to me the provisions of section 126 and section 126-a of the act and he contended that despite these provisions being on the statute book, that the power that flow from those provisions are not sufficient for the government to effectively exercise ..... as learned counsel submitted that there is no guarantee that persons who are possessed of the requisite experience in the field of activity and business relating to market committees would be nominated and furthermore, they have submitted that the wordings of the ordinance leaves the field wide open for misuse of power and for making ..... . they have large premises and market yards, that they virtually control the interests of the agriculturists and those who trade and deal in agricultural produce, that on the other hand, they are also incharge of funds running into staggering amounts, that they deal in premises and large finances of the government and that to ..... carry out very important functions relating to a sizeable sector of the agricultural and trader community. .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(1)KarLJ273
..... questioned the authority of the respondent-market committee constituted under the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 (in short 'the marketing act') to compel the petitioners to collect market fee on levy sales of rice effected under the provisions of the karnataka rice procurement levy order, 1984 (in short 'the levy order) made under section 3 of the essential commodities act, 1955.2. ..... as provided under section 7 of the karnataka high court act, the following question of law was referred to the full bench for consideration:'whether a sale made by a miller to the purchase agent under the karnataka rice procurement levy order, 1984 can be termed as 'sale' to subject it to the levy of market fee under the karnataka agricultural produce marketing committee act, 1966 especially under section 65(2) of the said act?'.4. ..... hold that the sale of rice by a rice miller to the state government or its agent as envisaged under the procurement order is a sale for the purpose of section 65(2) of the marketing act, thus, making purchaser thereof liable to pay market fee in accordance with section 2(a) of the said act.6. ..... we make it clear, if the said rice had been purchased in the market area and if it had not suffered a market fee, it is open to the market committee to demand market fee on such rice'.3. ..... writ petitions have been preferred by the rice millers having licence under the provisions of the rice milling industries (regulation) act, 1958. .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(6)KarLJ557
..... preferred against the order dated 7th july, 1997 passed by the learned single judge of this court quashing the show-cause notice dated 1-7-1997 issued under section 17(2) of the karnataka agricultural produce marketing (regulation) act, 1966 (in short 'act') requiring the first respondent, nandarayappa, to explain as to why he should not be declared disqualified as member of the third respondent, marketing committee.1(a) pursuant to the election held on 25-4-1997, the first respondent was declared as an elected member of the third respondent ..... acts/rules/orders:karnataka agricultural produce marketing (regulation) act, 1966 - sections 16(1), 17, 20 and 21;high court of karnataka writ proceedings rules, 1977 - rule 13;constitution of india - ..... in view the provisions contained in section 17 of the act, if any member of the market committee, that is a person who has been duly elected as a member, becomes subject to any of the disqualifications mentioned in section 16 of the act, then his seat shall be deemed to be or to have become vacant and the same shall have to be intimated to the member in writing by the market committee. ..... sub-section (2) of section 17 of the act provides that if a dispute arises as to whether a person has become subject to disqualification under sub-section (1), then the director either suo motu or on any report from the secretary of the market committee or otherwise after giving an opportunity to the member to be heard and holding such enquiry as he deems .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(3)KarLJ195
..... . the karnataka agricultural produce marketing (regulation) act, 1966 was enacted by act 27 of 1966, the preamble of the act reads as under:'an act to provide for the better regulation of (marketing) of agricultural produce and the establishment and administration of markets for agricultural produce in the state of karnataka'.27 ..... the petitioner in all these cases are agricultural produce marketing committees of different areas in the state of karnataka (hereinafter referred to as 'apmc' for brevity), has questioned the awards passed by jurisdictional labour court/industrial tribunal as the latter lacking jurisdiction to pass the impugned awards.3. ..... the preamble that the act is passed to regulate the trade of agricultural produces by establishment and administration of markets; the purpose issought to be accomplished, first by giving power to the state government to notify the items of agricultural produces to be covered by the provisions of the act, then the market areas, market yards are located, established and notified under sections 6 and 7 of the act where the activity of buying and selling of the notified agricultural produces is sought to be regulated through a licencing system.the 'market committee'' called as agricultural produce market committee established under chapter iii of the act is entrusted with .....
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