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        Case ID :

        1966 (10) TMI 146 - SC - Indian Laws

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        Interpretation of 'bought and sold' under market law upheld to cover purchases within the notified area and sustain the fee levy. The expression 'bought and sold' in section 11(1) of the Madras Commercial Crops Market Act was construed in light of the Act's scheme, object and ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Interpretation of "bought and sold" under market law upheld to cover purchases within the notified area and sustain the fee levy.

                              The expression "bought and sold" in section 11(1) of the Madras Commercial Crops Market Act was construed in light of the Act's scheme, object and market-regulation framework. The Court read the charging provision with the licensing, registration and fee-liability provisions and held that the levy attaches to the purchase-sale transaction taking place within the notified area, with the purchaser primarily liable for the fee. A narrower reading limiting the levy to cases where the dealer later resold the same goods within the notified area was rejected as inconsistent with the legislative purpose of regulating commercial crop markets and protecting producers. The market fee on the purchase transaction was therefore upheld as valid.




                              Issues: Whether the expression "bought and sold" in section 11(1) of the Madras Commercial Crops Market Act, XX of 1933 covers transactions of purchase by dealers from producers within the notified area, so as to sustain the market fee levied by the Market Committee.

                              Analysis: The charging provision was read with the scheme and object of the Act, which was enacted to regulate commercial crop markets and prevent exploitation of producers. The words "bought and sold" were construed in the context of the statutory scheme, the market committee structure, the licensing and registration provisions, and the rule that the purchaser is primarily liable for the fee. On that construction, the levy attached to the purchase-sale transaction occurring within the notified area, not to the dealers' later sales to their customers. A construction that would confine the levy only to cases where the dealer also resold the same goods within the notified area was rejected as defeating the legislative purpose.

                              Conclusion: The expression "bought and sold" includes the purchase transaction between the dealer and the producer within the notified area, and the fee levied under section 11(1) was valid.


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                              ActsIncome Tax
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