CHHANGANLAL MANSUKHLAL & ANR. versus K. K. BHATT & ANR.

CHHANGANLAL MANSUKHLAL & ANR. versus K. K. BHATT & ANR.

Rule 49 of the Gujarat Agricultural Produce Markets Rules, 1965 does not apply to agricultural produce that satisfies the conditions set out in sub-rule (2) of Rule 48; no fees are payable under Rule 49 at the stage of entry into a market area in such cases.

Parties
Appellant: Chhanganlal Mansukhlal; Respondent: K. K. Bhatt; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
05 February 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
appeal partly allowed
Legal Topics
Interpretation of Rules, Market Fee Liability
Agricultural Law Fee Collection Interpretation of Rules Market Fee Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Chhanganlal Mansukhlal

Appellant

K. K. Bhatt

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether Rule 49 of the Gujarat Agricultural Produce Markets Rules, 1965 applies to produce covered by sub-rule (2) of Rule 48.
  2. 2 Whether fees are payable at entry stage under Rule 49 when agricultural produce meets conditions of Rule 48(2).

Ratio Decidendi

Rule 49 of the Gujarat Agricultural Produce Markets Rules, 1965 does not apply to agricultural produce that satisfies the conditions set out in sub-rule (2) of Rule 48; no fees are payable under Rule 49 at the stage of entry into a market area in such cases.

Court Disposition

appeal partly allowed

Orders

  • Appeal accepted to the extent of the above interpretation of Rules 48 & 49
  • Otherwise dismissed