Krishi Utpadan Mandi Samiti, Allahabad Vs. M/s. Baidyanath Ayurved Bhawan (Pvt.) Ltd. & another
Civil Law - Agricultural produce
U.P. Krishi Utpadan Mandi Adhiniyam, 1964 - Section 9 - Licence under - Section 2(a) - Agricultural produce - Respondent no. 1 manufactures Ayurvedic medicines including Chawanprash and purchases certain agricultural produce e.g. Gur, Amala and Ghee etc. and use the same as raw material - Appellants served a notice calling upon the respondent no. 1 for taking a licence under section 9 of the Act 1964 as it was purchasing and processing the aforesaid agricultural produce in its ordinary course of business - Writ petition - High Court - The respondent no. 1 was not required to take licence under Section 9 of the Act 1964 - Appeal - Purchase of agricultural produce in bulk cannot be termed to have been made for "domestic consumption." The "domestic consumption" under the Act 1964 has limited meaning i.e. for personal use of the purchaser, i.e. for the consumption by the family and not for commercial and industrial activities - That as the respondent-company buys specified agricultural produce from the market area and it is not meant for domestic consumption, the company is required to take license under Section 9(2) of the Act 1964 - Impugned judgment of the High Court set aside - Appeal allowed - No costs.
BENCH:
Advocates For the Appellant(s) :
Topic(s)-Agricultural produce
Important Decision(s)-U.P. Krishi Utpadan Mandi Adhiniyam, 1964 - Section 9 - Personal use consumption by the family and not for commercial and industrial activities.