State Of Karnataka And Another VS. Sri R. Vivekananda Swamy

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State Of Karnataka And Another VS. Sri R. Vivekananda Swamy

The Judgement Information System REPORTAB

LE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICITON

CIVIL APPEAL NO. 8690 OF 2001 Krishi Utpadan Mandi Samiti Ghaziabad and Anr.

Versus M/s. Metal Craft & Ors.

JUDGMENT Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court holding that the appellant was not entitled to levy market fee under Section 17(iii) (b) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (in short the

`Adhiniyam') if the agricultural produce is neither brought nor taken out of the market place, and deciding in favour of respondent no.1.

2. Background facts in a nutshell are as follows: Respondent is a registered partnership firm having its business premises and office at 14, Navyug Market, Ghaziabad, and it carried on the business of sale and purchase of iron and steel and also export of rice. It wanted to purchase broken rice from the rice millers of U.P. for the purpose of export to foreign countries and accordingly, made an a...

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