Judgment Search Results Home > Cases Phrase: the tripura markets act 1979 Court: patna Page 1 of about 552 results (0.139 seconds)

Dharampal Satyapal Ltd, a Company Incorporation Under the Companies Ac ...

Court : Patna

Reported in : AIR2009Pat175

..... declared as a sub market yard with the sole motive to collect market fee because neither any infrastructure facility has been provided by the market committee nor the same can be provided and, therefore, it is clear that the sub market yard is not a regulated market but it is patna town which is neither controlled nor managed nor maintained by the respondent market committee and, therefore, it is clear that sale, purchase, storage and processing of items in question can not be regulated by the respondents state or the committee under the provisions of the markets act.21. ..... sen, in our view, has rightly contended that when the field of control is circumscribed by the items in the schedule, the actual control part of it including the goods to be controlled, the market area where the control will operate and where the controlled products will have to be sold are left to the judgment of the state government subject to the statutory conditions imposed by section 3(1) and section 4(1) of the markets act. ..... learned counsel for the petitioner draws our attention to rules 80 and 81 of the rules, framed under the market act.7.1 it is further contended while interpreting the provisions of an act that the entire statute has to be read in its entirety including the purport and purpose of the case as reflected from the preamble of the statute, as also the statement of objects and reasons. .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. the Agricultural P ...

Court : Patna

..... as follows:- '.....nothing was pointed out from the industries (development and regulation) act to show that provision of that act provides a specific procedure for purchase of sugar from the mills by the dealers/ traders and then sale of such sugar to other dealers or consumers so as to make the provision of the markets act inapplicable in respect of sugar'.reference was also made to levy sugar supply (control) order, 1979 framed under section 3 of the essential commodities act and it was observed as follows;- '......the provisions of levy sugar supply (control ..... ) order simply empowers'the central government to 'issue directions .....

Deolal Sha Sudist Narayan and ors., Etc. Etc. Vs. State of Bihar and o ...

Court : Patna

..... , and also relevant law on lie question and held in para 104 as follows: - 'as a result of this discussion, the first contention will have to be answered in the negative by holding that the provisions of the market act cannot apply to the transactions of purchase of sugarcane and sale of sugar and molasses by the sugar mills situated and functioning within the market area of the market committee concerned constituted under the market act. ..... of the judgment, the apex court has particularly held that: - 'before parting with this group of matters, it must be clarified that the present, judgment will be applicable in connection with the purchase of sugarcane by the sugar factories as well as the sale of manufactured sugar and molasses by these factories functioning in the areas of the market committees concerned and whose transactions are governed by the provisions of the sugarcane (control) order, 1966 as well as the sugarcane act of 1981 and also by the relevant provisions of the sugar orders and the provisions of the molasses .....

Dhrub Narayan Prasad Vs. State of Bihar and ors.

Court : Patna

..... section 37 is as follows :'power of the board to make arrangements for the performance of the duties and functions of the market committee and the chairman in certain cases : where a market committee is unable or not competent due to any order or decision of a court or any other cause to perform the duties, imposed by or under this act the board shall make such arrangements as it deems fit for the performance of the duties and functions of such market committee and of the chairman of the committee.' mr. ..... -section 5 of section 9 which is reproduced below : 'the term of office of members, including the chairman and the vice-chairman of the elected market committee, shall save as otherwise provided in this act, be three years, from the date of publication of their names as members under section 13, and on the expiry of three years term and thereafter, if within a period of 6 months election is not held, the committee shall cease to function and all powers and duties of the committee under the provisions of act and rules made thereunder shall ..... the agriculture produce market committee, musallahpur was last (for the fifth time) constituted when in terms of section 13 of bihar agricultural produce markets act, 1960 notification, dated 4-2-1999, containing the names of its chairman and members were published in the official gazettee, dated 6-4-1999. .....

The Bihar Agriculture Marketing Board Employees Association Through It ...

Court : Patna

..... act of 1960 had been enacted indicating that the repeal act has been enacted without application of mind.as a limb of this ..... which were of various shades and colours but in substance, the contention was(a) that the impugned act has been enacted without application of mind and a colourable piece of legislation because the bihar agriculture produce market act, 1960 (hereinafter referred to as 'the act of 1960') had been tested and upheld by the hon'ble supreme court as a reasonable restriction on freedom of marketing agriculture produce but before repealing that act of 1960, no enquiry has been made into the necessity of change in legislative policy in furtherance of which .....

The State of Bihar and ors. Vs. Pratappur Sugar and Industries Limited ...

Court : Patna

..... person incharge, agricultural market committee, kakinada reported in : air2004sc1796 , a division bench of the andhra pradesh high court had held that even if fish is considered to be an animal, dry fish cannot fall within the sweep of the definition of 'livestock' and, therefore, 'dry fish' could not be included under the provisions of andhra pradesh (agricultural produce and livestock) markets act, 1966. ..... state of punjab reported in : [1979]3scr1217 , the apex court held that; 'at least a good and substantial portion of the amount collected on account of fees, may be in the neighbourhood of two thirds or three-fourths must be shown with reasonable certainty as being spent for rendering services in the market to the payer of fee. ..... 140/- per 100 cubic feet for the year 1979-80 and in the year 1999 the said rate was notified by the government at rs. ..... 398.85 per 100 cubic feet which was effective up to the year 2002, thus there was an increase of 184.18% in the notified price of sand per 100 cubic feet from the year 1979-80 to 1999-2000. ..... the price of bricks including carriage increased more than 637.82% from 1979-80 to 1999-2002. ..... state of punjab : [1979]3scr1217 is only an obiter. 35. .....

Bihar Pensioners Samaj Vs. the State of Bihar and ors.

Court : Patna

..... this was case about legislation known as bombay agricultural produce markets act, 1939, a subsequent ordinance of 1961 and the issue examined was on the doctrine of eclipse. ..... the government of bihar acknowledged by resolution dated 6th may, 1986 and accordingly notified that since the government of india had extended tine benefit of liberalised pension formula to their pensioners who were in receipt of the pension as on 1-4-1979 on the basis of a judgment of the supreme court the state government also took decision to make available the aforesaid benefit of liberalised pension formula to (sic) its pensioners who were in receipt of the pension as on 1-4-1979. ..... (18) that according to the writ petitioners of the aforesaid case the decision not to allow the revision in respect of temporary increases and relief in pension which had already been allowed to the pensioners between 1-4-1979 to 31-12-1985 was taken only in respect of such pensioners, who retired from the government service prior tc 1-4-1979 whereas those, who had retired on or after 1-4-1979, the said bar was not applicable. ..... 4269 of 1986 challenging the propriety and legality of the aforesaid decision of the state government in not releasing the arrears in one lump sum and also in respect of the provision with regard to no revision in respect of temporary increases and relief in pension which had already been allowed to the pensioners between 1-4-1979 to 31-12-1985. .....

Mahabir Prasad Bagrodia and Naresh Chandra Prasad Sinha Alias S.P. Sin ...

Court : Patna

..... learned counsel further submitted that the secretary, agricultural produce market committee, the complainant, has lodged the complaint in his personal capacity, and there was no authorisation by resolution of the committee to launch the prosecution as per clause (vi) of sub-section (2) of section 18 of the bihar agricultural produce markets act, 1960, and, therefore, the complaint petition was not maintainable at the behest of the complainant. 5. ..... learned counsel appearing on behalf of the petitioners submitted that since the agricultural produce, namely, gunny bags and twine, were deleted from the schedule to the bihar agricultural produce market act, 1960, no market fee was payable and, therefore, even if a cheque was issued by the petitioners and, subsequently, intimation was also sent to the bank concerned for stopping payment, no offence whatsoever was committed by the petitioners. ..... section 56(xi) of the karnataka agricultural produce marketing (regulation) act, 1966, is verbatim the same as clause (vi) of sub-section (2) of section 18 of the bihar agricultural produce market act, 1960. ..... the apex court, while dealing with a case of karnataka agricultural produce marketing (regulation) act, 1966, held that in view of sections 56(xi) and 62(2)(b)(ii), the power to launch a prosecution vests with the market committee and the functions in respect thereof are required to be carried out by the secretary on behalf of the market committee. .....

Lipton India Ltd., Calcutta and Etc. Vs. Bihar State Agricultural Mark ...

Court : Patna

Reported in : AIR1998Pat58

..... in the said para the learned judges of the supreme court held that after giving our careful consideration to the facts and circumstances of the case and the submissions made by the learned counsel for the parties that unless agricultural produce is included in the schedule to the markets act, the provisions of the act have no application to such produce. ..... by those communications, the secretary of the agricultural produce market committee demanded from the petitioner payment of market fee on its products 'ready to serve beverages' under the brand name "tree-top" and on the failure to pay the market-fee actions under sections 31-b and 31-c of the bihar agricultural produce market act, i960 (hereinafter to be referred to as 'the act') will be taken.2. in c.w.j.c. no. ..... nespray as described by the petitioner himself is milk powder and, therefore, this also falls within the mischief of the agricultural market act. ..... it was also said that on petitioner's failure to pay the market fees, actions will he taken under the said act in this petition the petitioner had also filed an appeal to the bihar state agricultural marketing board being appeal no. ..... therefore, this court holds that 'tree-top', 'froott' and 'appy' are agricultural produce and exigible to the levy of market fee under the said act. .....

Shree Prakash Singh Vs. State of Bihar and ors.

Court : Patna

..... dealing with the said matter, the apex court in paragraph 33 of the judgment held that once the good is included the actual control part of it including the goods to be controlled, the market area where the control will operate and where the controlled products will have to be sold are left to the judgment of the state government subject to the statutory conditions imposed by section 3(1) and section 4(1) of the markets act only after issuance of the notification under sections 3 and 4 is issued, section 5 onwards including levy of fee comes into action. ..... sen, in our view, has rightly contended that when the field of control is circumscribed by the items in the schedule, the actual control part of it including the goods to be controlled, the market area where the control will operate and where the controlled products will have to be sold are left to the judgment of the state government subject to the statutory conditions imposed by section 3(1) and section 4(1) of the markets act. ..... , reported in 1979 bljr 560 and it has been held that section 39 is a valid piece of legislation.25. .....