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

Laxmi Industries And Cold Storage Co. ... vs Income-Tax Officer, "A" Ward And Ors. on 8 May, 1970

7. A perusal of various provisions of the Act show that the object of the Act is to provide amelioration of existing marketing condition concerning the agricultural produce and the elimination of evils attending upon it. When a market area is notified, the traders cannot obviously be permitted to continue with their wholesale transactions and business activities at a place other than notified area. The traders are required to sale and purchase produce in one complex. The provisions are confined to wholesale transactions, and, freedom to negotiate including as to the price, customs, equality is left unhampered. If on declaration of market area, shifting of the traders to the notified area is not insisted upon, the entire purpose would be defeated and the object may remain a paper transaction. The object being the supervision and control of the transaction of purchase by the traders from the agriculturists in order to prevent exploitation of the later by forms would stand defeated in case such shifting is not insisted upon. The Apex Court reiterated these principles in Laxmi Industries v. State of U.P. and Ors. and Ram Chand Kailash Kumar and Anr. v. State of U.P. and Ors. .
Allahabad High Court Cites 26 - Cited by 16 - R S Pathak - Full Document

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

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 1 - Cited by 3 - R Tiwari - Full Document
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