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Search Results Judgments > Phrase:ESSENTIAL COMMODITIES ACT, 1955 Court:Supreme

Jan 09 1984

Ram Chandra Mawa Lal, Varanasi and Ors. Vs. State of Uttar Pradesh and ...

  • Decided on : 09-Jan-1984

Court : Supreme Court of India

Reported in : AIR1987SC1837; 1984(1)SCALE48; 1984Supp(1)SCC28; [1984]2SCR348

... Essential Commodities Act, 1955 and the Fertilizer (Control) Order, 1957 are considered to apply exclusively to fertilizer, an essential commodity, and the Defence of India Act, 1971 and the Defence of India Rules, 1971 are considered to apply to other commodities excluding essential commodities there would be no conflict whatsoever between the Essential Commodities Act and the Defence of India Act ... Essential Commodities Act, 1955, is a special Act under which the price relating to a commodity declared to be an essential commodity can be regulated. The power to regulate the price in respect of such an essential commodity cannot therefore be exercised under Defence of India Rules, 1971 or under any other provision of law.9. Now, both the Essential Commodities Act, 1955 ... Act, 1971 in respect of the essential commodity.50. Section 6 of the Essential Commodities Act, 1955 saves any order made under Section 3 of that Act from the impact of any other enactment. It is not possible to accept the contention that the other Act or enactment referred to in Section 6 of the Essential Commodities Act, 1955 would be only the Act ...

May 06 1983

Hoechst Pharmaceuticals Ltd. and Ors. Vs. State of Bihar and Ors.

  • Decided on : 06-May-1983

Court : Supreme Court of India

Reported in : AIR1983SC1019; [1985]154ITR64(SC); 1983(1)SCALE723; (1983)4SCC45; [1983]3SCR130; [1984]55STC1(SC)

... notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act.The Drugs (Price Control) Order, 1979 issued by the Central Government in exercise of the powers conferred under Section 3 of the Essential Commodities Act, 1955 provides for a comprehensive scheme of price fixation both ... these appeals is that the field of price fixation of essential commodities in general, and drugs and formulations in particular, is an occupied field by virtue of various control orders issued by the Central Government from time to time under Sub-section (1) of Section 3 of the Essential Commodities Act, 1955 which allows the manufacturer of producer of goods to ... Sub-section (1) of Section 3 of the Essential Commodities Act, 1955 which allows the manufacturer of producer of goods to pass on the tax liability to the consumer and therefore the State Legislature of Bihar had no legislative competence to enact Sub-section (3) of Section 5 of the Act which interdicts that no dealer liable to pay a ... kind as such products.15. The definition of 'essential commodities' in Section 2(a) of the Essential Commodities Act now includes 'drugs' by the insertion of Clause (iva) therein by Act 30 of 1974. Sub-section (1) of Section 3 of the Essential Commodities Act provides:3. Powers to control production, supply, distribution, etc., of essential commodities-(1) If the Central Government is of opinion ...

Jan 23 1981

K. Janardhan Pillai and Anr. Vs. Union of India (UOI) and Ors.

  • Decided on : 23-Jan-1981

Court : Supreme Court of India

Reported in : AIR1981SC1485; 1981(1)SCALE193; (1981)2SCC45; [1981]2SCR676; 1981(13)LC612(SC)

... essential commodities as defined in the Central Act, the Kerala Act does not itself specify any article as an essential article. But the expression 'essential article' is defined by Section 2(a) of the Kerala Act thus:2. Definitions.-In this Act, unless the context otherwise requires, (a) 'essential article' means any article (not being an essential commodity as defined in the Essential Commodities Act, 1955 ... Essential Commodities Act, 1955 (Act 10 of 1955) (hereinafter referred to as 'the Central Act') passed by the Parliament provides for the regulation of production, supply and distribution of essential commodities as defined in the Central Act, the Kerala Act does not itself specify any article as an essential article. But the expression 'essential article' is defined by Section 2(a) of the Kerala Act thus:2. Definitions.-In this Act ... essential articles substantially on the lines on which the Essential Commodities Act, 1955 (Act 10 of 1955) (hereinafter referred to as 'the Central Act') passed by the Parliament provides for the regulation of production, supply and distribution of essential commodities as defined in the Central Act, the Kerala Act does not itself specify any article as an essential article. But the expression 'essential article' is defined by Section 2(a) of the Kerala Act ...

Nov 26 1973

Shree Meenakshi Mills Ltd. Vs. Union of India (UOI)

  • Decided on : 26-Nov-1973

Court : Supreme Court of India

Reported in : AIR1974SC366; (1974)1SCC468; [1974]2SCR398

... Essential Commodities Ordinance 1955 or under Section 16(2) of the Essential Commodities Act, 1955 hereinafter referred to as the 1955 Act as cotton yarn is not covered by the item 'Cotton and woollen textiles' under Section 2(a)(iv) of the 1955 Act and no notification had been issued declaring cotton yarn as an essential commodity in exercise of powers conferred under Section 2(a)(xi) of the 1955 Act ... Essential Commodities Act, 1955 declaring commodities specified therein used in the process of manufacturing yarn and machinery for manufacturing cloth. Textile Machinery Production and Distribution Order, 1962 was issued under Section 3 of the Essential Commodities Act, 1955 ... essential commodities to which the 1955 Act applied fell into two broad categories. The first consisted of coal, textiles, iron, steel and paper, etc. which are products of industries under Union control. The second related to foodstuffs, cattle fodder etc. which are not products of such industries.30. On 19 October, 1962 a notification was issued under Section 2(xi) of the Essential Commodities Act, 1955 declaring commodities ...

May 03 1990

Shambhu Dayal Agarwala Vs. State of West Bengal and Anr.

  • Decided on : 03-May-1990

Court : Supreme Court of India

Reported in : (1991)1CALLT1(SC); 1990(2)Crimes665(SC); JT1990(2)SC314; (1990)3SCC549; [1990]2SCR987

... which arises for our determination is whether. the Collector to whom a report of seizure of any essential commodity is made under Section 6A of the Essential Commodities Act, 1955 (hereinafter called 'the Act'), is empowered by virtue of Section 6E of the Act to release the goods seized in pursuance of an order made under Section 3 in relation thereto during ... of the Act which is not inconsistent with any provision of the Act. But this submission overlooks the fact that the power conferred by Sub-section (2) of Section 6A to sell the essential commodity has to be exercised in public interest for maintaining the supplies and for securing the equitable distribution of the essential commodity. If the essential commodity is returned ... Collector sells the essential commodity under Sub-section (2) of Section 6A and retains the price thereof, the essential commodity ceases to be avail-able for forfeiture under Clause (b) of Section 7(1) of the Act. He, therefore, submitted that the Act itself contemplates a situation which renders Clause (b) of Section 7(1) otiose where the essential commodity is disposed ... essential commodity ceases to be avail-able for forfeiture under Clause (b) of Section 7(1) of the Act. He, therefore, submitted that the Act itself contemplates a situation which renders Clause (b) of Section 7(1) otiose where the essential commodity is disposed of by the Collector under Sub-section (2) of Section 6A of the Act. He, therefore, saw no harm in releasing the commodity ...

Oct 30 1972

Bennett Coleman & Co. and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 30-Oct-1972

Court : Supreme Court of India

Reported in : AIR1973SC106; (1972)2SCC788; [1973]2SCR757

... Essential Commodities Act, 1955, to pass an Order as regards the utilization of newsprint, as newsprint is an 'essential commodity' under that Act (see Section 2(vii) of the Act).148. The only other point which remains for consideration is whether Clauses 3(3) and 3(A) of the Newsprint Control Order violate Article 14 of the Constitution. None of the provisions of the Essential Commodities Act, 1955 ... essential commodity' under that Act (see Section 2(vii) of the Act).148. The only other point which remains for consideration is whether Clauses 3(3) and 3(A) of the Newsprint Control Order violate Article 14 of the Constitution. None of the provisions of the Essential Commodities Act, 1955, is challenged as ultra vires the Constitution. The Newsprint Control Order was passed Under Section 3 of the Essential Commodities Act, 1955 ... the provisions of the Essential Commodities Act, 1955, is challenged as ultra vires the Constitution. The Newsprint Control Order was passed Under Section 3 of the Essential Commodities Act, 1955. Sections 3 and 4 of this Act are in pari materia with Sections 3 and 4 of the Essential Supplies (Temporary Powers) Act, 1946. These provisions ... conferred by Section 3 of the Essential Commodities Act 1955 (referred to as the 1955 Act). Section 3 of the 1955 Act enacts that if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supply of essential commodities or for securing their equitable distribution and ...

Feb 13 2007

State of Maharashtra and Ors. Vs. Lalit Somdatta Nagpal and Anr.

  • Decided on : 13-Feb-2007

Court : Supreme Court of India

Reported in : 2007CriLJ1678; JT2007(3)SC466; 2007(3)SCALE49; (2007)4SCC171

... Essential Commodities Act, 1955, having particular regard to the enactment of the Essential Commodities (Special Provisions) Act, 1981.36. As noticed hereinbefore, the Essential Commodities (Special Provisions) Act, 1981 came into force on 1stSeptember, 1982 and was to remain in force for a period of 15 years. Under Section 12 AA (1) (a) of the aforesaid Act, all offences under the said Act ... according to Mr. Lalit offences under the Essential Commodities Act also attracted the provisions of MCOCA, he also referred to some of the relevant provisions of the Essential Commodities Act, 1955. He firstly referred to Section 3 which empowers the Central Government to control production, supply, distribution etc. of essential commodities and in particular provides for powers to ... High Court allowed the writ petitions filed by Lalit Nagpal and Anil Nagpal upon holding that having regard to the provisions of the Essential Commodities Act, 1955 and the Essential Commodities (Special Provisions) Act, 1981, the provisions of MCOCA would have no application to the cases against the petitioners. The State of Maharashtra has filed S.L. ... Essential Commodities Act, 1955. He firstly referred to Section 3 which empowers the Central Government to control production, supply, distribution etc. of essential commodities and in particular provides for powers to the Central Government to make Orders to provide for the purposes set out in Sub-section (2). He pointed out that by virtue of Section 7 of the Act ...

Dec 01 2006

Ashoka Smokeless Coal Ind. P. Ltd. and Ors. Vs. Union of India (UOI) a ...

  • Decided on : 01-Dec-2006

Court : Supreme Court of India

Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91

... over coal:4. Coal indisputably is an essential commodity. Its importance is widely accepted. The Essential Commodities Act, 1955 was enacted inter alia for securing equitable distribution and availability of essential commodities at fair price. Coal despite partial deregulation having regard to Colliery Control Order, 2000 (2000 Order) is still a regulated commodity. 1945 Order made provisions for regulating ... Essential Commodities Act, 1955, the entire control and regulation of coal has been taken over by the Central Government in terms of Entry 54 of List I as also Entry 52 of List I of the Seventh Schedule of the Constitution of India. In exercise of such power, the Parliament enacted the Industrial (Development and Regulation) Act, 1951 and Mines and Minerals (Regulation and Development) Act ... of coal were controlled and regulated under the Colliery Control Order, 1945 (1945 Order) framed under the said Rules. The said Order was continued under the Essential Commodities Act, 1955. Under the Colliery Control Order, the Coal Controller was even authorised to allot quotas of coal to the Central Government as well as the State ... , which has a different concept, cannot be equated therewith.Coal is an essential commodity in terms of Section 3(1) of the Essential Commodities Act. Colliery Control Order was made, inter alia, for securing equitable distribution and availability of higher price of essential commodity. The coal companies as also the Central Government, therefore, have a ...

Feb 01 1971

Municipal Corporation of Delhi Vs. Shiv Shanker

  • Decided on : 01-Feb-1971

Court : Supreme Court of India

Reported in : AIR1971SC815; 1971CriLJ680; (1971)1SCC442; [1971]3SCR607

... Essential Commodities Act, 10 of 1955 and the Fruit Order. The Essential Commodities Act was enacted in 1955 with the object of providing, in the interests of the general ' public, for the control of the production, supply and distribution of, and trade and commerce in, certain commodities. It came into force on April 1, 1956 repealing the Essential Commodities Ordinance No. 1 of 1955 ... Essential Commodities Ordinance, 1 of 1955 had been promulgated on the expiry of the Essential Commodities (Temporary Powers) Act and the present Act was passed to replace that Ordinance.9. It may appropriately be pointed out at this stage that it was not the respondent's case that the Essential Commodities Act had the effect of impliedly repealing the Adulteration Act ... Essential Commodities Act was enacted in 1955 with the object of providing, in the interests of the general ' public, for the control of the production, supply and distribution of, and trade and commerce in, certain commodities. It came into force on April 1, 1956 repealing the Essential Commodities Ordinance No. 1 of 1955 which had beep promulgated with the same object and enforced on January 26,.1955 ... Prevention of Food Adulteration Act, 37 of 1954 (hereafter called the Adulteration Act) for selling adulterated vinegar when the vinegar is being sold under a licence granted under the Fruit Products Order, 1955 (hereafter called the Fruit Order) made by the Central Government under Section 3 of the Essential Commodities Act. The High ...

Aug 10 1999

The Belsund Sugar Co. Ltd. Vs. The State of Bihar & Ors. Etc.

  • Decided on : 10-Aug-1999

Court : Supreme Court of India

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

... Act, learned senior counsel for the appellants also placed reliance on the Sugarcane (Control) Order, 1966 enacted under the provisions of Section 3 of the Essential Commodities Act, 1955 for submitting that purchase and sale of sugarcane is also controlled by the aforesaid Central Government Order issued under the Essential Commodities Act, and consequently the said provision would supersede the general provisions of the Market Act ... issued under the Essential Commodities Act, and consequently the said provision would supersede the general provisions of the Market Act. We, therefore, now proceed to consider this submission.47. Sugarcane (Control) Order, 1966 is issued by the Central Government in exercise of powers conferred by Section 3 of the Essential Commodities Act, 1955. Clause 2 Sub-clause ... (Regulation) Act, 1966. Point No. 3 was framed in this connection, which reads as under:Whether the 'Act' as amended by Act 17 of 1980 in so far it provides for regulation of marketing of sugarcane is unconstitutional as its marketing is regulated by the provisions of the Central Act, viz., The Essential Commodities Act, 1955, and ... Act for demanding any market fee from the appellants under Section 27 of the Market Act. It was also contended in further support of this submission that the Sugarcane Control Order, 1966 as well as the Sugar (Control) Order of the same year issued under Section 3 of the Essential Commodities Act, 1955 and also the provisions of the Bihar Molasses (Control) Act ...

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