Skip to content


Judgment Search Results Home > Cases Phrase: the punjab agricultural produce markets haryana amendment act 2005 Page 1 of about 288 results (0.047 seconds)

Sep 30 2008 (HC)

State of Punjab Through Collector Vs. Merry Land Estates and ors.

Court : Punjab and Haryana

Reported in : (2008)152PLR568

..... been produced on behalf of state to prove that the market value of the disputed land is rs. 5 lacs or rebutted the evidence produced by the appellant. still further, reliance was placed upon judgments of this court in chamkaur singh v. state of punjab a.i.r. 1991 punjab & haryana 26 and inderjit singh v. punjab state ..... acre is the collector's rate3. the said order has been affirmed in appeal. the vendee before the collector asserted that he sale is of agricultural land and that market rate is not higher than rs. 3 lac per acre and, thus, stamp duty paid is not deficient. the learned collector found that rs ..... supra) was rendered, the provisions of sub-section (1) of section 47-a of the act has been substituted by act no. 14 of 2001. in terms of the amended sub-section, rule 3-a has been inserted in the punjab stamp (dealing of undervalued instruments) rules 1983 (for short 'the rules') on 23.08. ..... lacs per acre. reliance is placed upon the judgment rendered by us on 18.9.2008 in c.w.p. no. 11530 of 2005 titled sukhjit singh cheema, advocate v. punjab urban planning and development authority, chandigarh and ors. (2008-4)152 p.l.r. 484 wherein the decision in chamkaur singh's case ..... , faridkot division, faridkot, arising out of proceedings initiated under section 47-a of the indian stamp act, 1899 (for short 'the act') against the respondent-company.2. vide three separate sale deeds dated 19.04.2005, the respondent-company purchased land measuring 9 kanals 7.1/2 marias; 63 kanals 8.1/2 .....

Tag this Judgment!

Mar 17 1987 (HC)

Shiv Dayal Singh Ramesh Chander and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : AIR1989P& H87; [1988]68STC394(P& H)

..... -general, haryana, almost indentical situation fell for consideration of the court, because in a case under the punjab agricultural produce market act, 1961, the enhancement of fee from 2 per cent to 3 per cent had been declared illegal by the supreme court in kewal krishan puri's case( air 1980 sc 1008) (supra). however, the state legislature amended the punjab agricultural produce markets act by inserting ..... section 23-a, which is almost in dentical to the provisions of section 11 of the 1986 act, the subject-matter of challenge in the present writ petition. section 11 of the 1986 act and section 23-a ibid read as under: --'11. retention dt cess-- (1)the cess/fee levied and collected under the provisions of the haryana ..... the manner indicated in sub-section (2) of section 41. (5) the provisions of this section shall not affect the operation of section 6 of the punjab agricultural produce markets (amendment and validation) act, 1976.' while upholding the validity of section 23-a, their lordships of the supreme court held as under:--'the submission of the learned counsel was that section ..... cess at the rate of 1 per cent on every sale and purchase of agricultural produce in the market area located in the state of haryana. a number of writ petitions were filed in the punjab and haryana high court to challenge the constitutional validity of the 1983 act which were accepted by the learned single judge of this court by his .....

Tag this Judgment!

Jan 13 2005 (HC)

Jai Bhagwan Vs. Teshsildar-cum-A.C.i. Industries and ors.

Court : Punjab and Haryana

Reported in : (2005)140PLR11

..... any favour with court. the order of the supreme court reads as under:-the vires of the provisions of punjab agricultural produce markets (haryana second amendment and validation act), 1980 which are more or less in identical terms as the punjab agricultural produce markets (punjab amendment) act, 1980 is in question in the present case. the vires of the punjab amendment act was upheld by this court in amar nath om parkash and ors. v. state of ..... vires of the validation act, 1980 were challenged which were upheld upto the supreme court. as a sequel to the upholding ..... . 2/-. on the basis of that all the licenced dealers under the act in the state of haryana applied for refund of rs. 1/- which was paid in excess and got it. in the meantime the state of haryana enacted punjab agricultural produce market, (haryana second amendment and validation) act, 1980 to validate the recovery of the market fee at the original rate and save the refund of the money. the .....

Tag this Judgment!

Mar 09 1990 (HC)

M/S. Subbhash Chander Kamlesh Kumar Vs. State of Punjab and Others

Court : Punjab and Haryana

Reported in : AIR1990P& H259; (1990)98PLR666

..... lordships observed that the challenge to an analogous act, namely, the punjab agricultural produce markets (punjab amendment) act, 1980, had been negatived in m/s. amar nath om prakash's case ..... tax.25. it is significant to note that cwp no. 1421 of 1980 (m/s. borakia dal mills v. state of haryana) and a number of connected writ petitions, which were directed against the vires of the punjab agricultural produce market (haryana second amendment and validation) act, 1980, were dismissed by a constitution bench of the supreme court by order dated december 3, 1985. in doing so, their ..... haryana rural development fund administration board had been created as a body corporate and the amount of the fee vested in the said board as distinguished from the government. the provisions of section 11 empowering the government to retain the fee collected under the previous act was sought to be justified on the analogy of section 23-a inserted by amendment of the punjab agricultural produce markets act .....

Tag this Judgment!

Nov 08 1974 (HC)

Hanuman Dall and General Mills, Hissar Vs. the State of Haryana and or ...

Court : Punjab and Haryana

Reported in : AIR1976P& H1

..... agricultural produce brought for processing', were added after the words 'provided that.' this amendment is not material for the decision of the points ..... increased. it was considered absolutely necessary to increase the minimum market fee to rupee one on the rabi produce arriving in the mandis. in order to achieve this object, tbe minimum market fee was increased on the promulgation of an ordinance, the punjab agricultural produce markets (haryana amendment)' which is now being replaced by amending the punjab agricultural produce markets act, 1961.'thereafter, by the punjab agricultural produce markets (haryana amendment) act (21 of 1973), the words 'except in the case of .....

Tag this Judgment!

Aug 20 2013 (HC)

C.W.P No.531 of 1993 Vs. C.W.P No.531 of 1993

Court : Punjab and Haryana

..... ,75,000/- deposited by him at the time of the auction, after deducting 10% of the sale consideration under section 46a sub-section 8 of the punjab agricultural produce markets (haryana amendment) act, 1989 (hereinafter referred to as 'the 1989 act').respondents have filed a counter, wherein it has been admitted that the petitioner had made a request for cancellation of allotment and refund of the amount of ..... . should any transferee fail to observe or comply with any of the terms and conditions mentioned above the plot will be resumed and his deposit shall be forfeited to the market committee, sirsa, which may have the property resold by public auction. from a perusal of the above cited clause of the letter of allotment, it comes out that this clause ..... of the earnest money deposited by the petitioner. it may be stated that even in the event of resumption of the shop site under section 46-a(8) of the act, forfeiture cannot exceed 10% of the total amount of consideration. in the consequence, the writ petition is allowed and respondents are directed to accept surrender of the shop site and ..... c.w.p no.531 of 1993 -1- in the high court of punjab and haryana at chandigarh ***** c.w.p no.531 of 1993 date of decision :20. 08.2013 ram singh ....petitioner versus the state of haryana and another ....respondents coram : hon'ble mr.justice satish kumar mittal hon'ble mr.justice mahavir s. chauhan present : ms.kamalpreet, advocate, for the petitioner .....

Tag this Judgment!

Apr 15 1976 (HC)

Daulat Ram Trilok Nath and ors. Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1976P& H304

..... of the amending act were challenged by a spate of writ petitions filed by business firms all over the state and it is ..... rs. 100 only. by the ordinance no. 40 of 1974, the aforesaid section 23 was amended and the market fee was raised from rs. 1.50 p. to rs. 2.25 p. ad valorem. this ordinance was later replaced by the punjab agricultural produce markets (amendment) act no. 13 of 1974 and was given retrospective effect from the date of the issue of the earlier ordinance. the vires ..... and pattar jj. and were disposed of by a common judgment in m/s. hanuman dall & general mills, hissar v. the state of haryana, air 1976 punj & har 1. therein the amending act enhancing the rate of the levy of market fee was struck down as unconstitutional. it is significant to note that in that set of writ petitions express prayers for the refund ..... money claims alone. the only judgment of this court brought to our notice is categorical. in civil writ no. 1317 of 1972 (ram chand syam dass v. the state of haryana) decided on 11th october, 1972 (punj). tuli, j., rejected a similar claim for a mandamus to refund the tax as wholly misconceived within the writ jurisdiction. even in bhailal bhai .....

Tag this Judgment!

Jan 20 2006 (HC)

Som Lal Vs. Vijay Laxmi

Court : Punjab and Haryana

Reported in : (2006)143PLR81a

..... , the defeated candidate, challenged the appellant's election on the ground that he (the appellant) is employed as a fireman in the market committee at sirsa which functions under the administrative control of the haryana state agricultural marketing board, constituted under the punjab agricultural produce markets act, 1961. it was, thus, contended that since the appellant is 'a whole time salaried employee of a local authority/board', he is ..... this stage, it shall be gainful to refer to certain provisions contained in part ix and ix-a of the constitution of india inserted by way of 73rd and 74th amendment so as to give powers of self-government' to panchayats in rural areas and municipalities in the urban areas as also to ensure elections to these institutions as a unit ..... april 21, 1994 and by virtue of its section 228(i) the punjab gram panchayat act, 1952; and (ii) the punjab panchayat samitis and zila parishads act, 1961, were repealed. the statement of objects and reasons reveals that the new enactment has been legislated keeping in view part ix, incorporated by 73rd amendment in the constitution so as to 'endow the panchayats with such powers .....

Tag this Judgment!

Nov 05 1999 (HC)

Market Committee Vs. Dhanna Mal Sehaj Ram

Court : Punjab and Haryana

Reported in : (2000)125PLR145

..... not disputed before me that the amended act vide which the rate of market fee was enhanced was ultimately struck down by the hon'ble high court for punjab and haryana at chandigarh in civil writ petitions vide its order dated 8.11.74. the counsel for the appellant, however, relied on section 31 of the punjab agricultural produce market act, 1961 and argued that under section ..... the learned trial court also reached the conclusion that the suit of the respondent was governed by article 113 of the limitation act and not by section 31 of the punjab agricultural produce market act. 8. in the case in hand, the amended act was declared null and void. the respondent had sued for the refund of the amount which was paid in excess as a ..... not the 'person concerned' under the punjab agricultural produce market act, and has thus no locus standi to file the suit. the facts of the case are mostly not disputed. the fee prescribed by the appellant market committee was rs. 1.50 per hundred rupees on the purchase of the agricultural produce. as a result of the amendment in the act vide amended act no. 13 of 1974, which ..... the shop of commission agents in grain market, raikot within the jurisdiction of market committee. under the punjab agricultural produce market act the committee used to charge fee from the arhtias @ rs. 1.50 against a transaction of rs. 100/-. subsequently, it was decided by the committee to charge rs. 2.25. the amendment was made in the act which was challenged in the high court .....

Tag this Judgment!

Sep 05 2000 (SC)

Laxmi NaraIn and Sons Vs. State of Haryana and ors.

Court : Supreme Court of India

Reported in : JT2000(10)SC554; (2001)10SCC370

..... under section 10 of the punjab agricultural produce markets act, 1961 (hereinafter referred to as 'the act') and is carrying on business in the market area declared under section 6 of the act.2. by a notification, dated 1.9.87, the state of haryana amended the schedule to the act by including 'bura' as an agricultural produce in the schedule to the act. the appellant challenged the aforesaid amendment to the schedule on the ..... followed and, therefore, the impugned amendment to the schedule is illegal and void. the high court of punjab and haryana, by the ..... ground that the procedure laid down under sections 5 and 6 of the act were not .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //