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1993 Supreme(SC) 1035

N.M.KASLIWAL, YOGESHWAR DAYAL
Krishi Utpadan Mandi Samiti – Appellant
Versus
Shankar Industries – Respondent


Advocates:
ANANT PALLI, Atul Sharma, AVADH BIHARI ROHTAGI, BHARTI SHARMA, C.S.VAIDYANATHAN, E.C.AGARWAL, K.B.ROHTAGI, PRADIP MISHRA, PURNIMA BHATT KAK, R.K.JAIN, RANI CHHABRA, REKHA PALLI

Judgment

KASLIWAL, J-

(1) COMPUTER Code No. 12964 of 1991 [In Special Leave Petition (C) No. --- of 1991] Delinked. See separate order in the concerned file.

(2) SPECIAL leave granted in all the other petitions.

(3) IN all the above appeals the short controversy raised is whether gurlauta and raskat and rab-galawat and rab-salawat are liable to the levy of market fee under the U.P. Krishi Utpadan Mandi Adhiniyam of 1964 (hereinafter referred to as the Act).

(4) A division bench of the Allahabad High court referred the question for being considered by a full bench. The full bench of the High court by decision dated 2/04/1990 held that gur-lauta and raskat and rab-galawat and salawat were not an agricultural produce within the meaning of the Act. Subsequently other benches followed the aforesaid decision of the full bench. All the above appeals by grant of special leave are directed against the judgment of the full bench dated 2/04/1990 as well as the subsequent decisions following the full bench case.

(5) SECTION 2(a) of the Act defines agricultural produce and reads as under:

"2. (a) agricultural produce means such items of prod















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