Court : Madhya Pradesh
Reported in : 2006(3)MPLJ433; (2008)16VST591(MP)
..... that since the provisions of the sugar cane act and the market act are similar to the bihar sugar cane (regulation of supply and purchase) act, 1982 and the bihar agricultural produce markets act, 1960, this court should hold that the sugar cane act would prevail over the market act also in the state of madhya pradesh and that market fees cannot be levied and demanded on transactions of buying and selling of sugar cane in the market areas from cane growers or co-operative societies of cane growers by the occupiers of factories in the state of madhya ..... he submitted that there is no conflict between the provisions of the sugar cane act and the control order, on the one hand, and the provisions of the market act, on the other hand and that the sugar cane act and the control order, on the one hand, and the market act, on the other hand, operate in two different fields.7. ..... in view of such conflict, either the aforesaid provisions of the market act apply to the transactions of buying and selling of sugar cane between the occupiers of factories and the sugar cane between the occupiers of factories and the sugar cane growers or sugar cane growers' co-operative societies, or the provisions of the control order made by the central government and the aforesaid provisions of the sugar cane act made by the state government apply to such transactions of buying and selling between the occupiers or owners of sugar factories and the sugar cane growers or sugar .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1974CriLJ258; 1973MPLJ1065
..... we are, therefore, of the view that the wholesale trader who purchases or sells any notified agricultural produce within his market area is required to obtain a licence from the mandi committee and since the respondent purchases or sells the notified agricultural produce including mirchi, dhania and haldi, he was bound to obtain a licence and since he did not take any licence, he committed breach of section 17 and became liable for prosecution under section 29 of the madhya pradesh agricultural produce markets act. ..... this is a complainant's appeal by grant of special leave challenging the order of acquittal dated 21-9-1.967 under section 17 read with section 29 of the madhya pradesh agricultural markets act, 1960, (hereinafter referred to as the 'act') recorded toy the additional district magistrate (judicial).2. ..... the provisions of the act covered both buying and selling of agricultural produce and the market was to be established for regulating the purchase and sale of notified agricultural produce, section 3 (5) of the act, provided that notwithstanding anything contained in any enactment for the time being in force, no local authority or other person shall within the market area or within such distance therefrom as may be notified in the gazette set up, establish, continue or use or allow to foe set-up, established, continued or used, any place for the purchase or sale of any .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1972MPLJ568
..... thus, under the agricultural produce markets act the market committee cannot spend the market committee fund on any other purpose. ..... agricultural produce markets act, 1960 the market committee is bound to spend its income over the purposes of the agricultural markets only. ..... the rate would depend upon the number of destitutes who have to be cared for and the amount that is likely to be collected depending upon the extent of grain trade being carried on in a particular area the power of the state government under sub-section (2) of section 4 of the act to distribute this collection in a given proportion among the local authorities coming within the jurisdiction of a particular market area is also an essential part of the delegation and must depend upon the varying circumstances of each area. ..... as regards the provision contained in the second part of section 4(1) of the act which provides for the collection of certain quantity of grain from the purchasers within the market area, the challenge was that the actual rate of such collection has been left to the executive government and it is an excessive delegation. ..... reliance is placed on section 21 and 22 of the agricultural produce markets act, 1960. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1973MP186
..... any special reservation made or to any special conditions imposed by the government all property of the nature hereinafter in this section specified and situated within the city, shall vest in and be under the control of the corporation, and with all other property which has already vested, or may hereafter vest in the corporation shall be held and applied by it for the purposes of this act, namely, (a) all public gates, markets, slaughterhouses, manure and night-soil depots and public buildings of ..... made or to any special conditions imposed by the state government, all property of the nature hereinafter in this section specified within the limits of the municipality, shall vest in and be under the control of the council and with all other property which has already vested, or may hereafter vest in the council, shall be held and applied by it as trustees for the purposes of this act, that is to say- (a) all public town-walls, gates, markets, slaughter-houses, manure and night-soil depots ..... may be made by the government, all property of the nature hereinafter in this section specified and situated within the limits of the municipality shall be municipal property vested in the commissioner on behalf of the government and shall, with all other property which may become so vested, be under his direction, management and control, and shall be held and applied by him for the purposes of this act, that is to say :-- (a) all public town-walls, gates, markets, slaughter houses, manure .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1980MP129; 1980MPLJ729
..... 9 (fb)):--'we are of the opinion that the question whether an order of the state government under section 16 of the punjab municipal act is or is not to be struck down because it does not give reasons for its making by the state government, even though no other flaw can be pointed out in it, is rather important question which is not only likely to arise in cases under this particular act, but may well arise under other statutes having similar provisions such as section 15 of the punjab agricultural produce markets act, 1961 ..... however, as the impugned order does not disclose the reasons which led the government to form the requisite opinion as required by section 41 (1) of the act, even if it be assumed that the opinion of the state government that the continuance of the petitioner as a councillor was not desirable in the interest of the public and oi the council was based on all the eiglil charges, one out of which is found to be non-existent, the rest of the charges cannot be held to be non-existent or irrelevant for forming an opinion as required by section 41 of the act. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP191; 1970MPLJ292
..... agricultural produce markets act, 1960 are different from, and not in conflict with, those of the act, there was, at the material time, no market committee constituted and incorporated under section 12 of the former act that could undertake this work. ..... 69 of the act for sanction of the proposed acquisition, it is required to send the record of the aforesaid proceedings, a report containing a summary of the objections and its decisions thereon and the following information:(i) the names of the owner and occupier of the land;(ii) full description of the land and of any structure thereon;(iii) the purpose for which the land is required;(iv) such other particulars as may be prescribed.it would thus appear that the procedure prescribed by sections 68, 69 and 70 of the act is substantially similar to the one envisaged by sections 4, 5a and 6 of the land acquisition act, 1894. ..... further such a market can be established and regulated under the provisions of the agricultural produce markets act, 1960. ..... agricultural produce markets act, 1960 and the municipal corporation functioning under the m. p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1976]103ITR499(MP)
..... but the tribunal taking into account the definition of the expression 'agricultural produce' as given in section 2(1)(i) of the madhya pradesh agricultural produce markets act, 1960, held that paddy, husked as well as unhusked, is an item of agricultural produce, and that the act of turning the paddy into rice, is only to make the produce marketable and, therefore, its conversion into rice, does not cease to bear the same meaning as agricultural produce within the meaning of section 14(3)(i)(c) of the indian income-tax act, 1922. ..... while recently dealing with the case of the present assessee in a subsequent year of assessment, which was governed by the corresponding section 81(i)(c) of the income-tax act, 1961, has held that the assessee having purchased paddy from its members, as here, and sold the rice in the market, by milling the paddy, the assessee's income from such sale of rice was not exempt under section 81(i)(c) of the income-tax act, 1961. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1972MP95
..... the first proviso to section 43 of the present act which repeals the various acts reads thus:'provided that the markets established or market areas declared under the said acts or qawaid shall be deemed to be markets established or market areas declared under this act and the market committees or mandi committees constituted for such markets or market areas and holding office immediately prior to the date on which this act comes into force shall be deemed to be the first market committees constituted under sub-section (3) of section 8 for the said markets or market areas. ..... the market in question, which was established under the qawaid mandi hat gwalior and further continued under the madhya bharat agricultural produce markets act, 1952 and under the present act, could not be said to be the first market established under the present act and the exercise of the power of appointing a committee was, therefore, illegal and ultra vires of the powers of the state government.3. .....
Tag this Judgment!Court : Madhya Pradesh
..... the territorial jurisdiction of the state of madhya pradesh under its auspices.26. ..... it is contended that the respondent no.2, university has been established under the madhya pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre outside .....
Tag this Judgment!Court : Madhya Pradesh
..... the territorial jurisdiction of the state of madhya pradesh under its auspices.26. ..... it is contended that the respondent no.2, university has been established under the madhya pradesh bhoj (open) university adhiniyam, 1991 for the purpose of encouraging open universities and distance education systems within the state and, therefore, the said university falls within the framework of section 4 of the ignot act for the purposes of coordination of distance education systems and accordingly regulated by answering respondents and further in view of the apex court's judgments the said university cannot have any off-campus centre outside .....
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