TMI Blog1990 (3) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... der by the Centre in regard to sugar and sugarcane were enacted in exercise of concurrent jurisdiction'. Effect of it was described thus, 'The Provincial Legislature as well as the Central Legislature would be competent to enact such pieces of legislation and no question of legislative competence would arise'. - W.P.(C) 1555 OF 1979 - - - Dated:- 23-3-1990 - R.M. SAHAI and K. J. SHETTY, JJ. JUDGMENT ORIGINAL APPELLATE JURISDICTION: Writ Petition No. 1555 of 1979 etc. etc. (Under Article 32 of the Constitution of India). D.N. Dwivedi and Sarwa Mitter for the Petitioners. Dr. L.M, Singhvi, B.D. Sharma, Shri Narain, Sandeep Narain, Shrid Rizvi and D.K. Singh for the Respondents. The Judgment of the Court was delivered by R.M. SA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illing to take it lying down probably because none of these decisions dealt with sugar. It was urged that inclusion of sugar in the Schedule of the Act was arbitrary., primarily because it being a declared commodity of public importance under Entry 52 of List I of Schedule VII the State legislature was precluded from legislating on it. Its inclusion in the Schedule was also assailed as it being a Mill or Factory produce it could not be deemed to be agricultural produce which is basically confined to produce of or from soil. Sugar is one of the items which was included in the Schedule to the Act, statutorily, right from its inception. Such inclusion is found in Maharashtra, Gujarat, West Bengal, Bihar etc. Whether it was subsequently delet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty and conductivity as held in Rathi Khandsari Udyog, (supra) was held to be agricultural produce in some decisions. No distinction was made on method of production, namely, by modern plant and machinery. To say, therefore, that sugar being produced in mill or factories could not be deemed to be agricultural produce is both against the statutory language and judicial interpretation of similar provisions of the Act in statutes of other States. Rice or dal produced in mills have been held to be agricultural produce in Ramesh Chandra v. U.P. State, [1980] 3 SCR 194 and State of U.P. v. Ganga Das Mill, [1985] SCR 87-88. Even in Halsbury Law of England,' Vol. I the word agricultural produce for purpose of agricultural marketing schemes is unders ..... X X X X Extracts X X X X X X X X Extracts X X X X
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