BHARGAV D. KARIA
Gulshan Polyols Limited – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Heard learned Senior Advocate Mr. Mihir Joshi with learned advocate Mr. Dipen Desai for the petitioner in Special Civil Application No.687/2020 and for the respondent no.3 in Special Civil Application No.17299/2021, learned Senior Advocate Mr. B.S. Patel with learned advocate Mr. Chirag B. Patel for the respondent no.3 in Special Civil Application No.687/2020, learned advocate Mr.Hriday Buch for the petitioner in Special Civil Application No.17299/2021 and learned Assistant Government Pleader Mr. Dhawan Jayswal for the respondent-State.
2. Special Civil Application No.687/2020 is preferred by Agriculture Produce Market Committee, Bharuch feeling aggrieved by the order dated 3.12.2019 passed by the respondent no.1-Deputy Secretary (Appeals), Agriculture, Welfare and Cooperation Department of the State under section 48 of the Gujarat Agriculture Produce Markets Act, 1963 (For short “the Act, 1963”) in Revision Application No.30 of 2019 whereby revision application preferred by respondent no.3 –M/s. Jabsons Foods was partly allowed by quashing and setting aside the order dated 11.01.2019 passed by the petitioner for levy of market fees on the goods purchased from outside t
Chhaganlal Mansukhlal and another v. Agricultural Produce Market Committee reported in 1975 GLR 916
Chhaganlal Mansukhlal and another v. K.K. Bhatt and another reported in (1981) 2 SCC 418
Collector of Central Excise, Jaipur v. Rajasthan State Chemical Works, Deedwana
C.C.E. v. Rajasthan State Chemical Works (1991) 4 SCC 473)
Empire Industries Ltd. v. Union of India (1985 (3) SCC 314
Jan Mohammad Noor Mohammad Bagban v. State of Gujarat and Another
M.C.V.S. Arunachala Nadar & Ors. v. State of Madras[AIR 1959 SC 300]
Orient Paper & Industries Ltd v. State of M.P. and others reported in (2006) 12 SCC 468
The Belsund Sugar Co. Ltd v. State of Bihar[(1999)9 SCC 620]
Industrial concerns are not liable to pay market fees on agricultural produce brought into the market area for processing and manufacturing under section 28 of the Act, 1963, provided that they have ....
Manufacturers must comply with agricultural regulation fees if they purchase agricultural produce, regardless of transformation into other products.
(1) It is obligation of importer to realise market fee from purchaser and pay the same to Market Committee.(2) It is sale within market area that attracts levy of market fee and not first purchase th....
The trial court should proceed with a case unless an order from the High Court grants a stay of further proceedings.
Guidelines for Price Support Scheme – guidelines issued by the Government of India to refuse to comply with its obligation to pay the market fees to the petitioner
Market fees under the Tamil Nadu Agricultural Marketing (Regulation) Act, 1987, cannot be levied on agricultural produce imported for processing or export unless it is not processed or exported withi....
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