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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Market Committee Budhlada – Appellant
Versus
Roshan Oil And Cotton Mills, Budhlada – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The appellants/defendants, being aggrieved by the judgment and decree dated 09.02.1996 rendered by the learned Additional District Judge, Mansa, whereby the well-reasoned findings and decree of the learned Additional Senior Sub-Judge, Mansa, dated 20.10.1995 was reversed, respectfully invoke the appellate jurisdiction of this Court by way of the present Regular Second Appeal. The Appellants seek the restoration of the decree passed by the learned Trial Court, as the impugned judgment is ex-facie unsustainable and vitiated by manifest perversity, serious legal infirmities, and a fundamentally flawed appreciation of the evidentiary record. It is respectfully submitted that the erroneous reversal of the Trial Court’s findings has occasioned a substantial miscarriage of justice. Consequently, the appellants pray that this Court set aside the impugned judgment and decree and reinstate the judicious decree of the learned Trial Court to secure the ends of justice.
2. The sequence of events antecedent to, and culminating in, the present appeal may be succinctly set out as under -
The plaintiff-appellant, engaged in the business of mustard oil extraction, ins
(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....
Market Committees have the implied authority to levy and assess fees under the M.P. Agricultural Produce Markets Act despite the absence of explicit procedural rules.
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 ....
Market fees can only be levied if agricultural produce is sold or purchased within the notified market area, as per Section 12(1) of the A.P. Markets Act.
The burden of proof lies with parties claiming exemption from market fees, necessitating sufficient evidence of transactions occurring outside designated market areas.
The court affirmed the statutory liability to collect market fees, rejecting injunctions against enforcement as inconsistent with prior Supreme Court rulings.
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