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TMI Blog1986 (4) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... Such restrictions being in the interests of the general public are protected by article 19(6) of the Constitution. - Miscellaneous Petition No. 889 of 1985, SLP (Civil) No. 3732 of 1986 - - - Dated:- 15-4-1986 - VENKATARAMIAH E.S. AND THAKKAR M.P. JJ. Shiv Dayal Srivastava, Senior Advocate (D.K. Kabra and Rajiv Dutta, Advocates, with him), for the petitioners. -------------------------------------------------- The judgment of the Court was delivered by E.S. VENKATARAMIAH, J.- This is a petition under article 136 of the Constitution of India praying for special leave to file an appeal against the judgment dated January 2, 1986, of the High Court of Madhya Pradesh (Gwalior Bench) in Miscellaneous Petition No. 889 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstituted a civil suit against the Market Committee for an injunction restraining the Market Committee from giving effect to its resolution and applied for the issue of a temporary injunction in the same terms during the pendency of the suit. The trial court refused to pass the interim injunction. In the appeal filed against the order of the trial court refusing to grant the interim injunction, a temporary injunction was issued as prayed for on October 6, 1982. Against the order passed on appeal a civil revision petition was filed before the High Court in Civil Revision No. 25 of 1984. In that civil revision petition by consent of parties, an order was passed directing that the order of temporary injunction should remain effective for a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchaser on behalf of a producer-seller nor shall he deduct any amount towards commission or dalali from the sale proceeds payable to the producer-seller nor shall he act on behalf of both the buyer and the seller: Provided that the resolution so passed shall not be revoked by the market committee until a period of one year has expired from the date of its approval." (emphasis* added) Under section 32(5) of the Act, set out above, the Market Committee is empowered with the prior approval of the Director to pass a resolution directing (i) that no commission agent or a broker or both shall act in any transaction between the producer-seller or trader-purchaser on behalf of a producer-seller; (ii) that a commission agent sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... intermediary to achieve the prominent position he now occupies." The Expert Committee appointed by the Government of Madras to review the Madras Commercial Crops Markets Act, 1933, in its report observed thus: "The middleman plays a prominent part in sale transactions and his terms and methods vary according to the nature of the crop and the status of the cultivator. The rich ryot who is unencumbered by debt and who has comparatively large stocks to dispose of, brings his produce to the taluk or district centre and entrusts it to a commission agent for sale. If it is not sold on the day on which it is brought, it is stored in the commission agent's godown at the cultivators' expense and as the latter generally cannot afford to wait about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 92 to uphold the provisions of the Madras Commercial Crops Markets Act, 1933, which had been brought into force with the object of eliminating as far as possible the middlemen and to give reasonable facilities for the growers of the crops to secure best prices for their commodities. In that case the court came to the conclusion that the said Act was not violative of article 19(1)(g) of the Constitution of India. What was observed by the Expert Committee appointed by the Government of Madras applies with equal force to the commission agency system (kachhi adhat system) prevailing throughout India in all the mandies where the agricultural produce is brought for sale. The Legislature of the State of Madhya Pradesh has enacted sub-section (5) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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