Judgment Search Results Home > Cases Phrase: the punjab agricultural produce markets haryana amendment act 2005 Page 1 of about 3,400 results (0.480 seconds)

State of Punjab Through Collector Vs. Merry Land Estates and ors.

Court : Punjab and Haryana

Reported in : (2008)152PLR568

..... in terms of the amended sub-section, rule 3-a has been inserted in the punjab stamp (dealing of undervalued instruments) rules 1983 (for short 'the rules') on 23.08.2002.6. ..... the vendee before the collector asserted that he sale is of agricultural land and that market rate is not higher than rs. ..... 3130, 3132 and 3134 of 2008 against the order passed by the collector, bathinda, on 18.8.2005 and order dated 29.09.2006 in appeal passed by the commissioner, faridkot division, faridkot, arising out of proceedings initiated under section 47-a of the indian stamp act, 1899 (for short 'the act') against the respondent-company.2. ..... after considering the various judgments, this court has held that the collector's rate is relevant to determine the market value on the basis of which stamp duty is payable on the date of registration of the instrument.7. ..... a show cause notice was issued to the respondent private respondents herein for initiating proceedings under section 47-a of the act on the ground that the instrument of sale is deficient in stamp duty. ..... 484 wherein the decision in chamkaur singh's case (supra) was considered as well as amendment in the statute. ..... however, in appeal, the learned commissioner returned a finding that no evidence has been produced on behalf of state to prove that the market value of the disputed land is rs. ..... 1991 punjab & haryana 26 and inderjit singh v. .....

Shiv Dayal Singh Ramesh Chander and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR1989P& H87; [1988]68STC394(P& H)

..... however, the state legislature amended the punjab agricultural produce markets act by inserting section 23-a, which is almost in dentical to the provisions of section 11 of the 1986 act, the subject-matter of challenge in the present writ petition. ..... under this act, it was envisaged to levy a cess at the rate of 1 per cent on every sale and purchase of agricultural produce in the market area located in the state of haryana. ..... section 5 and grants from the state government and local authorities shall be credited to the haryana rural deveplopment fund according to sub-section (5) of section 6, the fund shall be applied by the board to meet the expenditure incurred in the rural areas in connection with the development of roads, establishment of dispensaries, making arrangements for water supply, sanitation and other public facilies, welfare of agricultural labour, conversion of the notified market areas falling in rural area as defined under the 1986 act, into model market areas by utilising technical know ..... in amar nath om parkash case, which is being relied upon by the learned advocate-general, haryana, almost indentical situation fell for consideration of the court, because in a case under the punjab agricultural produce market act, 1961, the enhancement of fee from 2 per cent to 3 per cent had been declared illegal by the supreme court in kewal krishan puri's case( air 1980 sc 1008) (supra). .....

M/S. Subbhash Chander Kamlesh Kumar Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H259; (1990)98PLR666

..... state of haryana) and a number of connected writ petitions, which were directed against the vires of the punjab agricultural produce market (haryana second amendment and validation) act, 1980, were dismissed by a constitution bench of the supreme court by order dated december 3, 1985. ..... the provisions of section 11 empowering the government to retain the fee collected under the previous act was sought to be justified on the analogy of section 23-a inserted by amendment of the punjab agricultural produce markets act, 1961, to retain market fee already collected prior to the amendment.54. ..... in doing so, their lordships observed that the challenge to an analogous act, namely, the punjab agricultural produce markets (punjab amendment) act, 1980, had been negatived in m/s. ..... the punjab agricultural produce markets (amendment and validation) act. ..... the learned judges doubted the correctness of that decision and further observed that the services envisaged under the impugned act were already provided for under the punjab agricultural produce markets act, 1961, and expressed its doubt if under a separate act a fee could again be imposed when funds with the market committees were more than enough to render the services specified in the earlier act of 1961. .....

Hanuman Dall and General Mills, Hissar Vs. the State of Haryana and or ...

Court : Punjab and Haryana

Reported in : AIR1976P& H1

..... order to provide more income to the agricultural marketing board, sn that further loans may nol have to be taken, the haryana legislature has amended section 27 of the act so as to increase the percentage of contribution by the market committees to the board, by the punjab agricultural produce markets (haryana amendment) act; 21 of 1973). ..... thereafter, by the punjab agricultural produce markets (haryana amendment) act (21 of 1973), the words 'except in the case of agricultural produce brought for processing', were added after the words 'provided ..... the words 'one rupee and fifty paise' were substituted for the words 'one rupee' in section 23 of the act by the punjab agricultural produce markets (haryana amendment) act (10 of 1974), which came into force on january 30, ..... order to achieve this object, tbe minimum market fee was increased on the promulgation of an ordinance, the punjab agricultural produce markets (haryana amendment)' which is now being replaced by amending the punjab agricultural produce markets act, 1961. ..... the harayana government substituted the words 'one rupee' in place of 'fifty naye paise' by tie punjab agricultural produce markets (haryana amendment) act (28 of 1969), which came into force on september 3, 1969, and thereafter the market committees in tke state began to charge fee at tke rate of one rupee per one hundred rupees in accordance with that amendment ..... this ordinance was replaced by the punjab agricultural produce markets (haryana second amendment) act (no. .....

C.W.P No.531 of 1993 Vs. C.W.P No.531 of 1993

Court : Punjab and Haryana

..... refund of the amount of 25% deposited by him at the time of auction but refund of this amount ..... civil writ petition, under articles 226/227 of the constitution of india, with a prayer for issuance of a writ of mandamus to direct the respondents to accept surrender of the shop site and refund to him the amount of rs.1,75,000/- deposited by him at the time of the auction, after deducting 10% of the sale consideration under section 46a sub-section 8 of the punjab agricultural produce markets (haryana amendment) act, 1989 (hereinafter referred to as 'the 1989 act').respondents have filed a counter, wherein it has been admitted that the petitioner had made a request for cancellation of allotment and .....

Kewal Krishan Puri and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1980SC1008; (1980)1SCC416; [1979]3SCR1217

..... 23 of 1961), hereinafter referred to as the act, and the rules framed by the state of punjab and haryana under the said act as also the validity of the fixation of market fees from time to time by the various market committees in the states aforesaid under the direction of the punjab state agricultural produce marketing board and the haryana state agricultural produce marketing board. ..... ' there is some difference in the provisions of the act as introduced by the haryana amendment in relation to the establishment of notified market area, declaration of market yards and the inhibition on any person to establish or continue any place for the purchase 'sale, storage and processing of any agricultural produce. ..... in punjab by amendment act 14 of 1975 section 23 of the act was again amended authorising the imposition of market fee at a rate not exceeding rs. ..... 1/- by haryana amendment act 28 of 1969. ..... in the erstwhile composite state of punjab the act was passed in the year 1961 to consolidate and amend the law relating to the better regulation of the purchase, sale, storage and processing of agricultural produce and the establishment of markets for agricultural produce in the state. ..... the income of almost all the market committees were several lakhs of rupees per year and, therefore, each is required to pay 30 per centum of its income to the board by virtue of the amendment brought about by punjab act 4 of 1978. .....

Jai Bhagwan Vs. Teshsildar-cum-A.C.i. Industries and ors.

Court : Punjab and Haryana

Reported in : (2005)140PLR11

..... the order of the supreme court reads as under:-the vires of the provisions of punjab agricultural produce markets (haryana second amendment and validation act), 1980 which are more or less in identical terms as the punjab agricultural produce markets (punjab amendment) act, 1980 is in question in the ..... the meantime the state of haryana enacted punjab agricultural produce market, (haryana second amendment and validation) act, 1980 to validate the recovery of the market fee at the original rate and save the refund of the ..... 1986 are based on common question of facts and law.the petitioners are licencees for carrying on the food grains trade in the state of haryana under the punjab agricultural produce market act, 1961 (hereinafter called 'the act') and the rules framed thereunder, as they are applicable to the state of haryana. ..... the plaintiffs is a licencee under the punjab agriculture produce markets act, 1961 (hereinafter referred to as 'the act'), vide haryana act ..... deposited with any committee before the 15th day of may, 1980, the burden of which has been passed on by the dealer or licencee to the next purchaser or which has been added towards the cost of the agricultural produce or the goods processed or manufactured out of it, shall be retained and deemed to have been validity levied imposed, assessed or collected and shall be spent for meeting the course of services to be rendered towards the development and improvement of existing markets wherefrom the collection of such fee was .....

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Reported in : (2006)143PLR81a

..... respondent, the defeated candidate, challenged the appellant's election on the ground that he (the appellant) is employed as a fireman in the market committee at sirsa which functions under the administrative control of the haryana state agricultural marketing board, constituted under the punjab agricultural produce markets act, 1961. ..... the statement of objects and reasons reveals that the new enactment has been legislated keeping in view part ix, incorporated by 73rd amendment in the constitution so as to 'endow the panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-governance'' and for greater participation of the people towards effective implementation for rural development and panchayati raj system. ..... at this stage, it shall be gainful to refer to certain provisions contained in part ix and ix-a of the constitution of india inserted by way of 73rd and 74th amendment so as to give powers of self-government' to panchayats in rural areas and municipalities in the urban areas as also to ensure elections to these institutions as a unit of representative democracy in the country as a whole. .....

Market Committee Vs. Dhanna Mal Sehaj Ram

Court : Punjab and Haryana

Reported in : (2000)125PLR145

..... the suit was contested on behalf of the committee and it was alleged and pleaded that the plaintiff-firm had no locus standi to the file the suit, since it was not the 'person concerned' under the punjab agricultural produce market act and rules, it was further averred that the plaintiff-firm acted as commission agents and purchased the produce on behalf of the other persons and as such the plaintiff-firm was not entitled to ask for the refund of the alleged payment. ..... the amendment was made in the act which was challenged in the high court on the ground hat the punjab state has no jurisdiction to pass the amendment in the parent act. ..... in the case in hand, in my opinion, section 6 of the amended act is no bar to the refund of the excess fee paid under the amended act, which was subsequently declared null and void under the order of the hon'ble high court. 11. ..... it is further not disputed before me that the amended act vide which the rate of market fee was enhanced was ultimately struck down by the hon'ble high court for punjab and haryana at chandigarh in civil writ petitions vide its order dated 8.11.74. ..... he suggested that under article 113 of the limitation act, the period of limitation was three years and the right to sue accrued after the amended act, was set aside by the hon'ble high court. ..... the respondent was bound to deposit fee raise under the amended act, though the amended act was declared null and void subsequently by the hon'ble high court. .....

Daulat Ram Trilok Nath and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1976P& H304

..... this ordinance was later replaced by the punjab agricultural produce markets (amendment) act no. ..... again the bar of limitation was raised on the provisions of section 31 of the punjab agriculture produce market act, 1961, and rule 33 of the punjab agricultural produce markets (general) rules, 1962 ..... it is the common case that under the earlier unamended section 23 of the punjab agricultural produce markets act (hereinafter called the act) the market committees were entitled to levy fee ad valorem at the rate of rs. 1.50 p ..... the array of learned counsel for the petitioners were wholly unable to pin-point even a single statutory provision in the agricultural produce market act or the rules framed thereunder, which imposed upon the respondent any statutory public duty to pay unquantified sums of money claimed on behalf of the numerous petitioners equally no provision in the same set of laws could be pointed out which would inhere in the petitioners a fundamental right to the relief which they seek to claim ..... therein the amending act enhancing the rate of the levy of market fee was struck down as unconstitutional ..... on the purchase or sale of agricultural produce worth rs ..... the vires of the amending act were challenged by a spate of writ petitions filed by business firms all over the state and it is not denied that some of the present petitioners were also parties to the said writ petitions ..... the state of haryana, air 1976 punj & har 1 ..... the state of haryana) decided on 11th october, 1972 (punj) .....