SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(UK) 536

K.M.JOSEPH, V.K.BIST
Maa Uma Agri Food Pvt. Limited – Appellant
Versus
State of Uttarakhand – Respondent


Advocate Appeared:
For the appellants :- Mr. V.K. Kohli, Senior Advocate, assisted by Mr. H.M. Bhatia and Mr. Kishore Rai, Advocates
Mr. Rahul Sripat, Mr. Manish Arora, Mr. Ramesh Singh, Mr. Pankaj Kumar, Mr. Ramji Srivastava, Mr. Lalit Sharma, Advocates
Mr. M.S. Pal, Senior Advocate, assisted by Mr. Manoj Bhatt, Advocate
For the respondents:- Mr. A.S. Rawat, Addl. Advocate General, assisted by Mr. Raveendra Singh Bisht, Brief Holder for the State of Uttarakhand
Mr. J.C. Belwal, Mr. Vipul Sharma and Mr. N.S. Pundir, Advocates for the Mandi Samiti

JUDGMENT

K.M. JOSEPH, J.


In this batch of appeals, there are several common questions and, therefore, we dispose of the same by the following common judgment.


2. On 01.11.2011, the Uttarakhand Legislature passed the Uttarakhand Agricultural Produce Marketing (Development and Regulation) Act, 2011 (hereinafter referred to as the “Act”). It, inter alia, provided for the levy of market fee and development cess under Section 27(c)(iii), which read as follows:


“(iii) any such agricultural produce, which reaches any Market area of the State for sale, storage, processing or transaction from any other State or out of Country for the first time, it shall be registered as “First Arrival” and on such produce, Market fee and Development cess shall be payable.”


3. Nine writ petitions were filed. A contention was raised by petitioners therein that they were bringing the agricultural produce into the market area for the purpose of manufacture of various products. They also questioned the legislative competence of the State Legislature to enact a law permitting levy of market fee and development cess, as was provided. A learned Single Judge of this Court took the view that the provisions did not c





































































































































































































































































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top