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october 2004

Supreme Court of India · 2004-10-14

State Of Rajasthan vs Mool Chand And Anr

Citation / case number
AIR 2005 SUPREME COURT 112
Court
Supreme Court of India
Petitioner
State Of Rajasthan
Respondent
Mool Chand And Anr
Author
Arij1T Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court held that under the Rajasthan Agricultural Produce Market Act, 1961, the liability to pay market fees lies with the traders, as stipulated in Section 17, and not with the purchasers. The Court found that the High Court erred in relying on the precedent from Krishi Utpadan Mandi Samiti, Haldwani v. Indian Wood Products Ltd. without considering the distinguishing features of the Rajasthan Act compared to the U.P. Act. Consequently, the Court set aside the High Court's judgment and reinstated the conviction and sentence of the respondents for evasion of mandi fees under Section 28 of the Act.

State Of Rajasthan vs Mool Chand And Anr · Niyam