Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1966- ss. 12 12-8(5) and 23 A.P. Agricultural (Produce and Livestock) Markets Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Andhra Pradesh (agricultural Produce and Livestock) Markets Act, 1966 (16 of 1966) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | A.P. Agricultural (Produce and Livestock) Markets Act, 1966- ss. 12, 12-8(5) and 23- Non-payment of market fees re-assessed u/s. 12-8(5) by traders - Initiation of criminal proceedings - Petition u/s. 482 Cr. P. C. -Criminal proceedings quashed by the High Court holding that the non- payment of market fees re-assessed u/s. 12-8(5) is not punishable u/s. 23 - On appeal, held: As per the Scheme of the Act, the assessment of market fee u/s. 12-8(1) or re- assessment u/s. 12-8(5) results in levy of fee u/s. 12(1) - Non- payment of the market fees assessed in the original proceedings u/s. 12-8(1) or in the proceedings for re- assessment u/s 12-8(5) would mean default in payment of fee levied under sub-section (1) of s. 12 - s. 23 provides for penalty to be imposed against a person who contravenes the provisions of s. 7 or who fails to pay fees levied under sub- section (1) of s.12 - Thus, the High Court erred in quashing the criminal proceedings against the traders - Order passed by the High Court set aside - Code of Criminal Procedure, 1973 - s. 482. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 345 |
Petitioner | Agricultural Market Commitiee A.p. Etc. |
Respondent | M/s M.k. Exports, A.p. Etc. Etc. |
SCR | [2011] 5 S.C.R. 990 |
Judgement Date | 2011-04-29 |
Case Number | 1048 |
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