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august 2011

Supreme Court of India · 2011-08-11

KRISHI UTPADAN MANDI SAMITI vs M/S. BAIDYANATH AYURVED BHAWAN(P)LTD&ANR

Citation / case number
SC 2003/19925
Court
Supreme Court of India
Petitioner
KRISHI UTPADAN MANDI SAMITI
Respondent
M/S. BAIDYANATH AYURVED BHAWAN(P)LTD&ANR
Author
B.S. CHAUHAN
Bench
P. SATHASIVAM,B.S. CHAUHAN, , ,

Judgment text excerpt

The Supreme Court held that under Section 9 of the Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964, a company manufacturing Ayurvedic medicines is required to obtain a license if it purchases agricultural produce for commercial use, even if the produce is used internally in manufacturing. The Court found that the High Court erred in interpreting 'domestic consumption' too broadly, as the respondent's activities constituted commercial trading. The appeal was allowed, reversing the High Court's decision and affirming the requirement for a license under the Act.

KRISHI UTPADAN MANDI SAMITI vs M/S. BAIDYANATH AYURVED BHAWAN(P)LTD&ANR · Niyam