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Documents citing Kisan Mini Modern Rice Mill And Foods vs Secretary, Krishi Utpadan Mandi Samiti ... on 9 October, 2002

Kanpur Aloo Arhati Association And Anr. vs State Of U.P. And Ors. on 7 July, 2003

In Paragraph 3 of the same it has been stated that similar notification Under Section 7(2)(b) have been upheld by this Court as well as by the Supreme Court vide Ms. Amrit Rice Mill v. Krishi Utpadan Mandi Samiti, (1987) 1 UPLBEC 394; Karedin Jaiswal v. State, 1993 AWC 1513; Vishal Traders v. State of U.P., 1983 ALJ 786 and R.K. Porwal v. State of Maharashtra, AIR 1981 SC 1127, etc. Hence, this petition is also liable to be dismissed.
Allahabad High Court Cites 21 - Cited by 5 - M Katju - Full Document

Sabzi Mandi Adhati Association Through ... vs State Of U.P. Through Its Secretary, ... on 4 September, 2006

10. The validity of Section 2(b) of the Act is not in question in the case in hand but it would be useful to observe that the same has already been upheld by this Court in Amrit Rice Mills v. Krishi Utpadan Mandi Samiti 1987 UPLBEC 394. Section 9 of the Act provides that from the date of declaration of an area as Market Area no Local Body or other person shall, within the Market Area, set up, establish or continue, or allow to be set up, establish or continue, any place for the sale-purchase, storage, weighment or processing of the specified agricultural produce, except under and in accordance with the condition of a licence granted by the Committee concerned. Sub-section (2) of Section 9 of the Act provides that no person shall in a Principal Market Yard or any Sub-Market Yard, carry on business or work as a trader, broker, commission agent, warehouseman, weigh man, Palledar or in such other capacity as may be prescribed, in respect of any specified agricultural produce except under and in accordance with the conditions of a licence obtained therefor from the Committee concerned. Section 37 of the Act makes contravention of any provision of Section 9 an offence and prescribes penalty therefor. Section 38 of the Act, however, provides that no court shall take cognizance of any offence under the Act except on the complaint of Director or the Secretary or such other person as may be authorised by the committee by resolution passed in this behalf. Therefore, from the scheme of the Act it is apparent that once a Market Area is notified under the Act, in respect to all or certain agricultural produce, no transaction contrary to the provisions of the Act can be permitted since the same is also an offence and the offender can be punished in a competent court of law at the instance of the authority competent and authorised under Section 38 of the Act.
Allahabad High Court Cites 4 - Cited by 1 - Full Document
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