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november 1984

Supreme Court of India · 1984-11-29

M/S. AMAR NATH OM PARKASH AND ORS. ETC vs STATE OF PUNJAB AND ORS. ETC.

Citation / case number
SC 1984/68355
Court
Supreme Court of India
Petitioner
M/S. AMAR NATH OM PARKASH AND ORS. ETC
Respondent
STATE OF PUNJAB AND ORS. ETC.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 23-A of the Punjab Agriculture Produce Markets Act, affirming that it prevents unjust enrichment of dealers who have passed on the burden of an excess fee to purchasers. The Court clarified that Section 23-A does not validate any illegal levy but rather allows market committees to retain excess fees for public benefit, thereby recognizing the ultimate consumer as the true payer. The appeals challenging the provision were dismissed, reinforcing the legislative intent to regulate agricultural produce markets effectively.

M/S. AMAR NATH OM PARKASH AND ORS. ETC vs STATE OF PUNJAB AND ORS. ETC. · Niyam