Supreme Court Half Yearly Digest 2024 - Civil Minor Acts

Agricultural Produce and Livestock Markets Act, 1966 (Andhra Pradesh)Ghee as a product of livestock – The inclusion of “ghee” as a livestock product cannot be faulted merely because it is not directly obtained from milk, which is a product of livestock, it would still be a “product of a product of livestock”. 'Ghee' is derived out of 'milk' by undergoing a process, yet it still remains a product of livestock, for the purposes of the Act and payment of “market fee”. (Para 10) Sangam Milk Producer Company Ltd. v. Agricultural Market Committee, 2024 LiveLaw (SC) 204 : AIR 2024 SC 1423Section 3 & 4 – Difference between the notification made under Section 3 of the Act and notification made subsequently under Section 4 of the Act – Notification under Section 3 is a onetime measure where the Government notifies an area where purchase and sale of agricultural produce, livestock and products of livestock can be made. Whereas under Section 4 the Govt. declares the 'notified market area' in respect of any notified product (products which have already been notified under section 3 of the Act). A draft notification and hearing of objections to the draft notification is mandatory under Section 3 but a prior hearing or prior publication of the draft notification is not a requirement under Section 4. The notification in question is a notification under Section 4, hence, no prior process was required to be followed as contemplated under Section 3 of the Act for working the scheme under Section 4 of the Act. Hence, the challenge to the notification has rightly been turned down. (Para 11) Sangam Milk Producer Company Ltd. v. Agricultural Market Committee, 2024 LiveLaw (SC) 204 : AIR 2024 SC 1423Section 4(3) – Liability to pay market fee – Unjust enrichment – Section 4(3) empowers Market Committees to establish markets within the notified area, also directs that these Market Committees have to provide facilities in the markets for the purchase and sale of notified products. The appellants have availed the facility given by the Market Committee and hence they are liable to pay the fee. (Para 13) Sangam Milk Producer Company Ltd. v. Agricultural Market Committee, 2024 LiveLaw (SC) 204 : AIR 2024 SC 1423Purpose – To consolidate and amend the laws regulating the purchase and sale of agricultural produce, livestock and products of livestock, along with establishment of markets in connection therewith. The aim was to secure effective and remunerative price of commodities by bringing producers and traders face to face thereby eliminating middlemen and do away with some other earlier unethical trade practices, which were exploiting agriculturists and farmers. (Para 2) Sangam Milk Producer Company Ltd. v. Agricultural Market Committee, 2024 LiveLaw (SC) 204 : AIR 2024 SC 1423Animal Birth Control Rules, 2001Under all circumstances, there cannot be any indiscriminate killings of canines and the authorities have to take action in terms of the mandate and spirit of the prevalent legislation(s) in place. There is no gainsaying in the fact that exhibiting compassion to all living beings, is the enshrined Constitutional value and mandate, and cast obligation on the authorities to maintain. (Para 11) Animal Welfare Board of India v. People For Elimination of Stray Troubles, 2024 LiveLaw (SC) 434Arbitration and Conciliation Act, 1996An award could be said to be against the public policy of India in, inter alia, the following circumstances: 1. When an award is, on its face, in patent violation of a statutory provision 2. When the arbitrator/Arbitral Tribunal has failed to adopt a judicial approach in deciding the dispute. 3. When an award is in violation of the principles of natural justice. 4. When an award is unreasonable or perverse. 5. When an award is patently illegal, which would include an award in patent contravention of any substantive law of India or in patent breach of the 1996 Act. 6. When an award is contrary to the interest of India, or against justice or morality, in the sense that it shocks the conscience of the Court. (Para 27) S.V. Samudram v. State of Karnataka, 2024 LiveLaw (SC) 14 : AIR 2024 SC 447 : (2024) 3 SCC 623Section 25 – Termination of arbitral proceedings – The learned Arbitrator is bound to terminate the proceedings on grounds of failure of the claimant to file his statement of claim in accordance with Section 23, in view of Section 25(a). If the respondent to the proceedings fails to file a statement of defence in accordance with Section 23, in the light of Section 25(b), the learned Arbitrator is bound to proceed further with the arbitral proceedings. Even if the claimant, after filing a statement of claim, fails to appear at an oral hearing or fails to produce documentary evidence, the learned Arbitrator is expected to continue the proceedings as provided in Section 25(c). Held, The fact that clause (c) of Section 25 enables the Arbitral Tribunal to proceed in the absence of the claimant shows the legislature's...

Supreme Court Half Yearly Digest 2024 - Civil Minor Acts

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