Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | krishi utpadan |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Krishi Utpadan Mandi Adhiniyam Act, 1964/Rules, 1964: Sections 2, 7, 10, 17/Rules 66, 7-Market fees-Levy of-Retrospective effect-Validity of. After this Court upheld the validity of the U.P. Krishi Utpadan Mandi Adhiniyam Act, 1964, (AIR 1980 SC 1124), the authorities called upon the commission agents carrying on trade in the notified market area to submit their accounts in order to fix their liability towards market fee. The Traders Association objected that since no notification was issued under section 10 of the Act, market fee could not be levied. The authorities replied that the required notification was already issued on 9.10.67. Certain other objections were also raised and the authorities informed the Traders Association that such objections were not tenable and directed production of accounts. Demand Notices were also issued and the traders were informed that if the market fee was not paid, the same would be realised as arrears of land revenue. The traders filed Writ Petitions before the High Court challenging the demand notices. The High Court having dismissed the Writ Petitions, some of the Commission Agents have preferred the present appeals. The appellants contended that the liability sought to be fixed retrospectively from 1973 to 1978 on the commission agents was unreasonable, as they would not be able to realise the same from the purchasers scattered all over India, especially after a long gap and the relief against the purchaser has become time barred and as such the retospective levy would impose a great burden on the commission agents; that since the operation of the notification was stayed by the High Court in 1973, which stay was in force till 1975, no market fee could be levied for the transactions during that period; and that as no notification has been issued under section 10 read with proviso to Rule 66 providing for trade charges and market fees in respect of Khandsari sugar, the demand was invalid.On behalf of the respondents, it was contended that a resolution was passed by the Mandi Samiti that market fee would be payable with effect from 1.10.73 and that the same was given wide publicity in the market area and also through newspapers. |
Judge | Hon'ble Mr. Justice S. Mohan |
Neutral Citation | 1992 INSC 102 |
Petitioner | Nandu Mal Girdhari Lal Etc. Etc. |
Respondent | State Of Uttar Pradesh And Ors. |
SCR | [1992] 2 S.C.R. 446 |
Judgement Date | 1992-04-03 |
Case Number | 7356 |
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