Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttarakhand Agricultural Produce Marketing (Development and Regulation) (Amendment) Act as it seeks to levy market fee and development cess even on those units which mere 2012 - s. 27(c)(iii) and (iv) - Constitutional validity - Legislative competence of the State Government of Uttarakhand to enact the said provisions - Held: Primary object of any market legislation is to ensure that the producer of the agricultural produce gets a fair return - Section 27(c)(iii) is against the scheme of the Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttarakhand Agricultural Produce Marketing (Development and Regulation) (Amendment) Act, 2012- s. 27(c)(iti) and (iv) — Constitutional validity — Legislative competence of the State Goverment of Uttarakhand to enact the said provisions ~ Held: Primary object of any market legislation is to ensure that the producer of the agricultural produce gets a fair return — Section 27(c)(iti) is against the scheme of the Act, as it seeks to levy market fee and development cess even on those units which merely bring agricultural produce from outside the State into the market area for carrying out manufacturing — In that there is no sale or purchase of the product within the market area per se — Further, the State Legislature did not have the competence fo enact the impugned provisions which sought to levy market fee and development cess even on those agricultural produce which were not being brought into the market for the purpose of sale, but for the purpose of manufacture or further processing — Section 27(c)(iii) is struck down as the same- was enacted by the State Legislature without having the legislative competence to do so — Order upholding the validity of the amendment to s. 27(c){iii) is set aside - Consequential action of issuing notice of demand for payment of market fee and any other orders passed against the appellants are quashed — However, s. 27(c)(iv) is upheld. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 906 |
Petitioner | M/s Gujarat Ambuja Exports Ltd &anr. |
Respondent | State Of Uttarakhand & Ors. |
SCR | [2015] 12 S.C.R. 304 |
Judgement Date | 2015-12-09 |
Case Number | 14184-14185 |
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