| Citation(s) |
|---|
| 2004 SLG 2618 2004 SLD 2618 2004 PLD 686 |
Lahore High Court
decided on 17-6-2004. 19th and 20th April, 2004
M. JAVED BUTTAR, CH. IJAZ AHMAD AND SYED, JAMSHED ALI, JJ
Syed Mansoor Ali Shah assisted by Ms. Saima Amin Khawaja for Petitioner. Syed Shabbar Raza Rizvi, A.G. Punjab assisted by Tahir Mehmood Gondal, A.A.G. and Ms. Erum Sajjad Gul for
Respondent No. 1. Badar-ul-Amir for
Respondent No. 2
decided on 17-6-2004. 19th and 20th April, 2004
M. JAVED BUTTAR, CH. IJAZ AHMAD AND SYED, JAMSHED ALI, JJ
Syed Mansoor Ali Shah assisted by Ms. Saima Amin Khawaja for Petitioner. Syed Shabbar Raza Rizvi, A.G. Punjab assisted by Tahir Mehmood Gondal, A.A.G. and Ms. Erum Sajjad Gul for
Respondent No. 1. Badar-ul-Amir for
Respondent No. 2
Messrs CRESCENT JUTE PRODUCTS LTD. through Director
VS
GOVERNMENT OF THE PUNJAB, AGRICULTUE DEPARTMENT through Secretary,
Law:
Section:
(a) Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)-------S. 2(b)---Contention was that phrase "any place in the notified market area" in S.2(b), Punjab Agricultural Produce Markets Ordinance 1978 be read as a "place in the market in the notified market area"---Validity--Nothing could be added to a statute to re-write the same because it would be a plain violence to the enactment and against accepted principles of interpretation---Had the intention of the legislature been to confine it to the "market", it would have been so stated by the Legislature. (b) Interpretation of statutes--- ---- Nothing could be added to a statute to re-writ the same because it would be a plain violence to the enactment and against accepted principles of interpretation. (e) Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)--- ----Ss. 2(b), 6 & 19---"Ddaler"---Levy of market fee ---Scope---Any place referred to in S. 2(b), Punjab Agricultural Produce Markets Ordinance, 1978 could be the premises of a mill or any other place set up for the purchase or sale of agricultural produce by any manufacturing unit---Section 6 of the Ordinance had made it optional for a person to apply for a licence to work as dealer---Provisions of S. 6 however, become mandatory the moment a person indulged-in sale or purchase of an agricultural produce---Liability to pay market fee was that of a "dealer" and not-necessarily of a dealer who had obtained a licence under S. 6---Apart from the dealers licence contemplated by S. 6 of the Ordinance, licences were issued to a number of other persons such as the brokers, weighment, measures, surveyors, warehouse men, changer, paledars, boriots, tolas, takriwala, rehriwala under S.9 f the Ordinance but no market fee was payable by them---Principles. The definition of the expression "dealer" in Punjab Act V of 1939 was wider. It contemplated setting up or establishing any place within the notified market areas for sale and purchase or purchase and sale of such agricultural produce. The words in the definition of `dealer' in section 2(aa) of Act No. V "notified under' subsection (1) of section 4 or purchases or sells such agricultural…
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