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.