Court : Orissa
Reported in : AIR1961Ori81
..... , it was held that the madras commercial crops markets act (act xx of 1933), was the result of a long exploratory investigation by experts in the field, conceived and enacted to regulate the buying and selling of commercial crops by providing suitable and regulated market by eliminating middlemen and bringing face to face the producer and the buyer so that they may meet on equal terms, thereby eradicating or at any rate reducing the scope for exploitation in dealings ..... market committee, raichur, in that case the learned judges of the mysore high court while considering rule 40 framed under the hyderabad agricultural markets act (ii of 1939) went into a discussion regarding the distinction between tax and fee and held that there was no quid pro quo for the produce that had been purchased outside raichur and brought for the purpose of consumption; the fee levied thereon was unjustified and without ..... before dealing with the various contentions as raised on behalf of the petitioners it would be relevant to mention that the orissa act 3 of 1957 repealed the madras commercial crops markets act, 1933, ( ..... case their lordships of the supreme court held that the madras legislature by enacting the madras commercial oops markets act, 1933, has not put any unreasonable restriction on the trade and commerce inside the state. ..... several applications the constitutional validity of the orissa agricultural produce markets act, 1956 (orissa act 3 of 1957) was challenged by the respective petitioners. .....
Tag this Judgment!Court : Orissa
Reported in : 2009(II)OLR89
..... this writ petition has been filed for quashing the notices dated 10.03.2003 issued under annexure-10 (wrongly referred to as annexure-9 in the writ petition) and 16.03.2003 (annex,-12) by which the petitioners have been directed by the opposite parties-authorities under the provisions of orissa agricultural produce markets act, 1956 (hereinafter called 'the act, 1956') not to run the somanath hat as it was in contravention of the provisions of section 4(3) of the act, 1956 and to pay the dues of market fees to the tune of rs. ..... less than one rupees from every purchaser for every hundred rupees worth of agricultural produce market in the market area in such manner as may be prescribed and at such rate as may be specified in the bye-laws:provided that the rate of fees to be specified in the bye-laws shall not exceed three per cent of the value of agricultural produce sold in the market within the market area.section 3(1) of the act enables the state government to declare by notification its intention of regulating purchase and sale of agricultural produce in any .....
Tag this Judgment!Court : Orissa
Reported in : 73(1992)CLT153; 1992(38)ECC148; 1995(75)ELT486(Ori)
..... we really fail to understand how this decision is of any assistance to the assistant collector, inasmuch as there has been no provision in the act corresponding to section 23a of the punjab agricultural produce markets act authorising the assistant collector to refuse an application for refund. ..... in that case the validity of section 23a of the punjab agricultural produce markets act, was assailed on the ground that the levy having been held to be invalid, the provision merely validates the levy. ..... 'this observation of the supreme court in relation to the exercise of discretionary power under article 226 of the constitution will certainly not apply to the power of the assistant collector under section 11b of the act and, therefore, this decision is of no assistance to the revenue.the next decision relied upon in the notice, annexure-1, is the case of amar nath om parkash and ors. v. ..... ) considered the self-same question and the division bench of the said high court held that the cost of packing of cement in gunny bags was not includible in the assessable value of cement under the provisions of the central excises and salt act, 1944, as in the present case and directed refund of the duty paid.in the case of orient paper & industries ltd. v. ..... 46/79 dated 28-9-1979 and the government of india's decision in the case of birla cement works. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2003Ori117
..... rath the impugned entry tax act, 1999 transcends the constitutional limits inherent in entry 52 of list ii of the seventh schedule to the constitution of india, inasmuch as the act construed in all the amplitude does not authorise levy of entry tax in an area outside the purview of the expression 'local area' within the meaning of entry 52 of list ii of the seventh schedule to the constitution of india and is respect of which there is a local authority administering it, and is therefore ultra vires the constitution and is beyond the competence of the state legislature.4. ..... though not stated in the counter-affidavit, we can take notice of the fact that the state does provide several facilities to the trade including laying and maintenance of roads, water-ways and markets, etc. ..... they are also largely benefited by the overall developmental activities and creation of infrastructure like road, markets, water ways, etc. ..... next, they must be entrusted by statute with such governmental functions and duties as are usually entrusted to municipal bodies, such as those connected with providing amenities to the inhabitants of the locality, like health and education services, water and sewerage, town planning and development, roads, markets . . . . .....
Tag this Judgment!Court : Orissa
Reported in : AIR1973Ori8; 38(1972)CLT695
..... the procedure adopted by the corporation of rangoon has been described by their lordships thus:-- 'the only question which remains is the question whether the corporation in acting as hereinbefore described has, as required by section 178, sub-section (3), charged a fee for each private market at a rate fixed by the corporation- in form what the corporation (by adopting the report of the finance committee) did was to arrive at the total amount of the cost which was to be covered by the sums payable by all the private markets. ..... section 300 of the act authorises the executive officer to require the owners of a private market to-(a) construct approaches, entrances, passages, gates, drains and cesspits for such market and provide latrines; (b) roof and pave the whole or any portion of it; (c) ventilate the market properly and provide with supply of water; (d) provide passages of sufficient width between the stalls and make such alterations in the stalls, passages, shops, doors and other parts of the market as may be considered necessary; (e) keep the market in a clean and proper state and make ..... ' section 298 of the act provides for the fees for licence and runs thus:-- 'when a licence granted under section 297 does not permit the levy of any fees, it shall he granted free of charge, but when such permission is given a fee not exceeding twenty per centum of the gross-in-come of the owner from the market in the preceding year shall be charged by the municipal council for such licence .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori109; 34(1968)CLT34; 1968CriLJ954
..... 7 of the act under which the grounds of the order of detention are to be disclosed to the persons affected by the order and earliest opportunity of making a representation against the order is to be afforded to them, provides as follows: '7(1) when a person is detained in pursuance of a detention order, the authority making the order shall as soon as may be, but not later than five days, from the date of detention, communicate to him the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order to the ..... it is also cleary mentioned in the grounds that smooth supply of milk powder is essential to the community particularly in view of the distressing food situation in the drought-affected areas; it is further mentioned that the detenus were indulging in illicit transport and black marketing of milk powder and were thereby deliberately instrumental in hindering the supply of a commodity essential to the community. ..... that you and your gang are engaged in surreptitious sale of milk powder received for distribution in the drought-affected areas of 'high-price-fetching' markets of cities like calcutta and other places. ..... in 'high-price-fetching markets'; and the places of operation of such malpractices are specified, namely, calcutta and other ..... by such illicit transport and black market of milk powder you have been deliberately instrumental in hindering the sup-ply of a commodity which is essential to the community. .....
Tag this Judgment!Court : Orissa
Reported in : 1991(II)OLR26
..... this is an application by the villagers of bhagatpur within the limits of kanheipur cram panchayat assailing .the decision of the government as conveyed by letter dated 10-10-1990 arnthexure-3 that both the cattle markets at tangi (kotsahi gram panchayat) and the bharatpur cattle market within kanheipur gram panchayat may sit on the same day of the week, i e. ..... but the state government had no jurisdiction to issue a fiat directing that both the markets could operate on tuesday nullifying the decision of the collector, cuttack, rendered under the statute especially when that decision of the collector was not interfered with by the high court in the two writ appli- cations, referred to ..... 61 for convenience is extracted below :'decision of disputes as to whether places are markets.if any question arises as to whether any place is a market or not, the gram panchayat shall make a reference thereon to the state, government and their decision thereon shall be final. ..... protracted controversy between the kanheipur gram panchayat and kotsahi cram panchayat was resolved by the collector, cuttack, on an appeal under section 146(2) of the orissa gram panchayat act which was filed against the decision dated 23-3-1978 of the tangi choudwar panchayat samiti ..... the counter affidavit filed pursuant to notice, the state government has justified action in purported exercise of powers vested in it under section 61 of the orissa gram pmchavat act. ..... the provisions contained in the orissa gram panchayat act .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori172; 83(1997)CLT656; 1997(I)OLR497
..... 18-b(1) of the act prescribes that, subject to the provisions of this act the board shall exercise the powers of superintendence and control over the working and other affairs of the market committees so on and so forth.therefore, vesting power of approval is not against the spirit of the main section of the act and we make clear that such power of approval with the board is not meant to he exercised lo create any huddle or impediment in the working of the market committee or with appointment of its officers and servants: and needless to point out that the board under the ..... 10495/96) of the co-operation department of the government of orissa amending the orissa agricultural produce markets rules, 1958 (for short, the 'rules') being arbitrary, unreasonable, against the public policy and ultra vires of the orissa agricultural produce markets act, 1956 (hereinafter referred to as the 'act'). 2. ..... 2 is an ex-member of the said market committee in the district of nayagarh.their case is, the above market committees have been constituted under the provisions of the orissa agricultural produce market act, 1953 (act 3 of 1957). ..... section 18-g of the act us quoted above is very clear and admits of no ambiguity that the contribution of the market committee to the board's fund to meet the expenses of the establishment of the board and expenses incurred for the interest of the market committee shall not be less than 5% of the income of the market committee. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori172
..... ' learned counsel also placed reliance on the aims and objectives of the competition act, 2002 and in particular, placed stress on the object of the aforesaid act which is to provide keeping in view the economic development of the country for establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets to protect the interests of the consumers and to ensure freedom of trade carried on by other participants in the markets in india and etc. ..... affidavit basing on the prayer of the petitioner, inter alia, raising the following objections:a) the writ petitioner does 'not have any locus standi' and is estopped from making the grievances contained in the writ petition.b) the instant litigation by the writ petitioner is 'mala fide' and as such the writ petitioner is not entitled to exercise of any discretion in its favour.c) the writ petitioner has not been prevented from carrying on his business by reason of the acts impugned in the writ petition.d) the act complained of in the writ petition do not .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori189
..... sahidnagar market, unit iv market, buragada market and siripur market, on establishing their respective bona fides, as stated in the additional affidavit. ..... though subsequently the opposite parties have modified their stand and filed an additional affidavit stating therein that alternative area will be provided to the identified persons where, as admitted by the petitioner, are seventy-seven in number, we would like to briefly deal with the question of rights claimed by the petitioner, as this aspect was highlighted in the submission made by the learned counsel for the petitioner.5. ..... the remaining ten persons shall be provided suitable sites as soon as alternative arrangement is made for their resettlement in any of the four markets -sahidnagur market, unit iv market. ..... the contention of the learned counsel for the petitioner that the right to life includes the right to livelihood, is obviously based on the decision of the apex court in the case of olga tellis v. ..... the contention that eviction of street hawkers would deprive the right guaranteed under article 21 of the constitution was repelled by the apex court in the following words (para 20) ;'we do not find any merit in the argument founded on article 21 of the constitution. ..... as this is a question of providing alternative site to the persons who are being evicted, it is necessary that the municipal corporation and its functionaries should act fairly and promptly in re-settling these persons. .....
Tag this Judgment!