BRITANNIA INDUSTRIES LTD. versus BOMBAY AGRICULTURAL PRODUCE MARKETING COMMITTEE & ANR.

BRITANNIA INDUSTRIES LTD. versus BOMBAY AGRICULTURAL PRODUCE MARKETING COMMITTEE & ANR.

Edible oil, Vanaspati and sugar fall within the meaning of 'agricultural produce' under Section 2(1)(a) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963; the absence of the word 'manufacture' in the definition does not exclude processed products such as sugar or Vanaspati from being agricultural produce, and the Market Committee can levy market fees only on the quantity of sugar procured within its market area, subject to verification of the appellant's records.

Parties
Appellant: Britannia Industries Ltd.; Respondent No.1: Bombay Agricultural Produce Marketing Committee
Jurisdiction
India
Judgment Date
24 January 2019
Procedural Posture
Civil Appeal / Final Judgment (appeal Dismissed)
Outcome
Appeals dismissed.
Legal Topics
Definition of 'agricultural Produce' Under Section 2(1)(a), Applicability to Edible Oil, Vanaspati and Sugar, Levy of Market Fees Under Section 31, Market Area Under Section 13(1 A)(a)
Maharashtra Agricultural Produce Marketing (regulation) Act, 1963 Agricultural Produce Regulation Statutory Interpretation Definition of 'agricultural Produce' Under Section 2(1)(a) Applicability to Edible Oil, Vanaspati and Sugar Levy of Market Fees Under Section 31 Market Area Under Section 13(1 A)(a)

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Parties

Britannia Industries Ltd.

Appellant

Bombay Agricultural Produce Marketing Committee

Respondent No.1

Procedural Posture

Civil Appeal / Final Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether edible oil, Vanaspati and sugar are 'agricultural produce' under Section 2(1)(a) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963
  2. 2 Whether the Market Committee can levy market fees on sugar procured from outside its market area

Ratio Decidendi

Edible oil, Vanaspati and sugar fall within the meaning of 'agricultural produce' under Section 2(1)(a) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963; the absence of the word 'manufacture' in the definition does not exclude processed products such as sugar or Vanaspati from being agricultural produce, and the Market Committee can levy market fees only on the quantity of sugar procured within its market area, subject to verification of the appellant's records.

Court Disposition

Appeals dismissed.

Orders

  • The appeals are dismissed.
  • Respondent No.1 (Market Committee) shall consider the relevant bills and other documents filed by the appellant insofar as they relate to alleged purchase of sugar from outside the market area and shall do so as expeditiously as possible.