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

Oct 30 2001

State of Tamil Nadu Vs. Paramasiva Pandian

  • Decided on : 30-Oct-2001

Court : Supreme Court of India

Reported in : AIR2001SC2972; 2001CriLJ4772; 2002(79)ECC148; 2002(140)ELT327(SC); JT2001(9)SC357; 2001(7)SCALE532; (2002)1SCC15

... Essential Commodities Act, 1955?3. The factual backdrop of the case leading to the present proceeding may be stated thus:4. The three accused who are respondents herein were alleged to have committed offences under the Tamil Nadu Essential Trade Articles (Regulation of Trade) Order, 1984 read with section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (for short 'the EC Act') ... the special court which ceased to be a special court under the Essential Commodities (Special Provisions) Act, 1981, but continued as such under the Narcotic Drugs and Psychotropic Substances Act, 1985 has the power to remand an accused who is implicated for an offence under the Essential Commodities Act, 1955?3. The factual backdrop of the case leading to the present proceeding ... Psychotropic Substances Act, 1985 has the power to remand an accused who is implicated for an offence under the Essential Commodities Act, 1955?3. The factual backdrop of the case leading to the present proceeding may be stated thus:4. The three accused who are respondents herein were alleged to have committed offences under the Tamil Nadu Essential Trade Articles ( ... Essential Commodities Act.'13. The said judgment/order is under challenge in these appeals.14. Shri T.L.V. Iyer, learned senior counsel appearing for the appellants contended that the Presiding Officer of the special Court at Madurai which was initially constituted for trial of cases under the EC Act and subsequently entrusted with the cases under the NDPS Act ...

Apr 29 2008

Holani Auto Links Pvt. Ltd. Vs. State of Madhya Pradesh

  • Decided on : 29-Apr-2008

Court : Supreme Court of India

Reported in : JT2008(6)SC417; 2008(7)SCALE77; 2008AIRSCW5862

... a) of the Essential Commodities Act, 1955. In the alternative, it was directed that in case the appellant company wanted the release of the commodities worth Rs. 1,00,000/-, it may deposit Rs. 1,00,000/- instead and get the release of the entire stock of oil. Feeling aggrieved, the appellant company filed an appeal under Section 6C of the Essential Commodities Act, 1955 before the Sessions ... the Order of 1977 and, accordingly, he ordered confiscation of the commodities worth Rs. 1,00,000/- out of the commodities seized from the possession of the appellant company under Section 6(a) of the Essential Commodities Act, 1955. In the alternative, it was directed that in case the appellant company wanted the release of the commodities worth Rs. 1,00,000/-, it may deposit Rs. ... by Section 3 of the Essential Commodities Act, 1955 (10 of 1955).In 1998, certain amendments were made in the Order of 1977. Prior to the amendment of 1998, Clause 2(a) defined 'Dealer' as under:Dealer means a person who carries on the business of selling by retail or wholesale or storing for sale by retail or wholesale any commodity, whether or not such ... Section 7 of the Essential Commodities Act, for breach of Section 3 of the Madhya Pradesh Food grains Dealers Licensing Order, 1958, necessarily involved a guilty mind as an ingredient of the offence. It was further held in that decision that considering the scope of the Act, it would be legitimate to hold that an offence under Section 7 of the Act was committed ...

Sep 14 1959

The State of Bihar Vs. Hiralal Kejriwal and Anr.

  • Decided on : 14-Sep-1959

Court : Supreme Court of India

Reported in : AIR1960SC47; 1960CriLJ150; [1960]1SCR726

... Essential Commodities Act, 1955 (X of 1955), hereinafter called the Act, read with s. 3 of the Cotton Textiles (Control of Movement) Order, 1948, hereinafter called the Order, in the Court of the Munsif-Magistrate, Patna. The respondents filed a petition before the said Munsif-Magistrate praying for their discharge on the ground that the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946), hereinafter called the 1946 Act ... of India on January 21, 1955, and came into force on January 26, 1955. The Essential Commodities Act, 1955. S. 3(1) : If the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their ... 30, 1955, they despatched two bales of saries to M/s. Hiralal Basudev Prasad, cloth merchants of Balia, from Patna Ghat without obtaining a permit from the Textile Controller, Bihar. They were prosecuted under s. 7 of the Essential Commodities Act, 1955 (X of 1955), hereinafter called the Act, read ... Essential Commodities Ordinance, 1955. Preamble : 'Whereas the Essential Supplies (Temporary Powers) Act, 1946 (XXIV of 1946), which confers powers to control the production, supply and distribution of, and trade and commerce in, certain commodities, expires on the 26th day of January, 1955;...................the President in pleased to promulgate the following Ordinance :' S. 16 : Any order made or deemed to be made under the Essential Supplies (Temporary Powers) Act ...

Jul 25 1989

State of Madhya Pradesh Vs. Narayan Singh and Ors.

  • Decided on : 25-Jul-1989

Court : Supreme Court of India

Reported in : AIR1989SC1789; 1989CriLJ2101; 1989(3)Crimes16(SC); JT1990(3)SC239; 1989(2)SCALE93; (1989)3SCC596; [1989]3SCR549; 1989(2)LC700(SC)

... Pradesh to Maharashtra in contravention of the Fertilisers (Movement Control) Order, 1973 (for short the F.M.C. Order) read with Sections 3 and 7 of the Essential Commodities Act, 1955, (for short the E. C. Act). In both the cases, the Trial Magistrate held that the prosecution had failed to prove that the accused were attempting to export the fertilisers and he therefore acquitted ... . Prohibition of Export of Fertilisers. No person shall export, or attempt to export, or abet the export of any fertilisers from any State. (Emphasis supplied).5. Section 7 of the Essential Commodities Act, 1955 provides the penalty for contravention of any order made under Section 3 and reads as under :'7. Penalties.(l) If any person contravenes whether knowingly, intentionally or otherwise any order ... and the provisions of the Licensing Order. Consequently, the Collector ordered confiscation of 100 tins of groundnut oil from out of the 3971 ins under Section 6(1) of the Essential Commodities Act. On the firm preferring an appeal, the Appellate Authority, viz. Additional Sessions Judge, Kaira at Nadiad held 'that Clause (11) of the Licensing Order had been contravened but such contravention ... that the Trial Magistrate and the High Court were wrong in the view taken by them of the Fertilizer (Movement Control) Order read with Sections 3 and 7 of the Essential Commodities Act, we are not awarding any punishment to the respondents for the commission of the aforesaid offence. .

Dec 20 1974

Kamla Prasad Vs. The District Magistrate, Saran and Ors.

  • Decided on : 20-Dec-1974

Court : Supreme Court of India

Reported in : AIR1975SC726; 1975CriLJ605; (1975)1SCC314; 1975(7)LC104(SC)

... commodities in question and therefore, the ground of detention was bad.5. To answer this contention, it is necessary to have regard to the provisions of the Bihar Essential Commodities other than food grains prices and stocks (Display and Control) Order, 1967. This is an order passed by the Governor of Bihar in the Exercise of powers conferred by Section 3 of the Essential Commodities Act, 1955 ... powers conferred by Section 3 of the Essential Commodities Act, 1955 read with the Order of the Government of India in the Ministry of Commerce published under notification No. S.O 1844 dated 18-6-1966, with the concurrence of the Government of India. Clause 2 of the Order defines 'scheduled commodity' as one or more commodities specified in schedules I and II ... withhold from sale or refuse to sell to any person any scheduled commodity specified in Schedule II ordinarily kept by him for sale. Clause 7 provides for powers of entry, inspection, search and seizure.6. The ground in effect stated that the petitioner had hoarded and concealed the essential commodities, namely, match boxes and soaps (which are specified in Schedule I ... that the petitioner had hoarded and concealed the essential commodities, namely, match boxes and soaps (which are specified in Schedule I) in his business premises and also in his residential house which is separate from the business premises that he did not display the stock position at both the places of these commodities in his business premises, that when the ...

Jul 08 1996

Sasa Musa Sugar Works etc. etc. Vs. State of Bihar and others etc.

  • Decided on : 08-Jul-1996

Court : Supreme Court of India

Reported in : AIR1997SC188; JT1997(6)SC329; 1997(5)SCALE155; (1996)9SCC681; [1996]Supp3SCR149

... Essential Commodities Act, 1955, where certain essential commodities are specified by Section 3(a) and then the addition of other essential commodities is left to the Central Government by a notified order. The power under Section 2(a)(xi) is not conditioned by any prior right of hearing or objections but is left to the judgment of the Central Government only. The power of control under the Essential Commodities Act ... under Section 4 is conditioned by Section 3(2) of the Act read with Section 4(1) of the Act. This dichotomy follows the pattern of many economic enactments like the Essential Commodities Act, 1955, where certain essential commodities are specified by Section 3(a) and then the addition of other essential commodities is left to the Central Government by a notified order. ... Act rests on several provisions. The first step is to select the item of control by specifying the goods in the Schedule. The power of altering the Schedule is given to the state Government under Section 39 of the Markets Act, like the power of the Central Government to specify essential commodities under Section 2(a) of the Essential Commodities Act ... Government under Section 2(a) of the Essential Commodities Act to specify essential commodities other than those specified by the Legislature itself.32. For drawing up the field of control by specifying agricultural produce in the Schedule so that control in respect of the same under other provisions of the Act is made, no hearing has been prescribed by ...

Jan 22 2010

Satyanarayana Sultania and Anr. Vs. State of Chhattisgarh

  • Decided on : 22-Jan-2010

Court : Supreme Court of India

Reported in : JT2010(2)SC230; 2010(1)SCALE660; (2010)2SCC684

... exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955. The amended definition of 'dealer' included any person dealing with any essential commodity included in the Schedule to the 'Licensing and Restriction on Hoardings Order, 1991 hereinafter referred to as 'the Licensing Order,. 1991', and if dealing with only one commodity under the said Order at any time in quantity of ... learned Advocate, questioned the order of the High Court on several grounds. It was contended by him that having regard to the definition of 'dealer' in the M.P. Essential Commodities (Exhibition of Price and Price Control) Order, 1997 hereinafter referred to as 'the Control Order, 1997', the Petitioners had not committed any illegality in transporting the paddy in question. ... of Bajrang Rice Mill. En route the truck was searched by the Food Inspector and the paddy was seized. In accordance with Clause 6(2) of the Madhya Pradesh Essential Commodities (Exhibition of Price and Price Control) Order, 1997 confiscation proceedings were initiated and the seized paddy was ordered to be confiscated by the Collector. An appeal was preferred which ... Respondent State, since in our view the definition of the expression 'dealer' in the Licensing Order, 1991 was hot intended to include only such persons as were dealing in essential commodity in quantities of more than 200 quintals. The intention of the legislature appears to have been that a dealer is a person who would be dealing in Scheduled ...

Jul 16 2009

Udaipur Sahkari Upbhokta Thok Bhandar Ltd. Vs. Commissioner of Income- ...

  • Decided on : 16-Jul-2009

Court : Supreme Court of India

Reported in : (2009)224CTR(SC)538; [2009]315ITR21(SC); JT2009(9)SC500; 2009(9)SCALE551; (2009)8SCC393; [2009]182TAXMAN287(SC); 2009(8)LC3527(SC); 2009(7)SCC393

... State Government exercises total control over the stock of controlled commodities stored in the godowns of the appellant-society. On 28.2.1977 appellant was granted licence for purchase/sale/storage for sale of goodgrains under Rajasthan Foodgrains Dealers Licensing Order, 1964.4. It exercises the powers conferred by Section 3 of Essential Commodities Act, 1955, the Government of Rajasthan issued the 1976 Order. ... took the view that the appellant-society was storing the said controlled commodities in its godowns as part of its own trading stocks; that the appellant acted as a trader in the essential commodities in question and consequently the appellant was not entitled to deduction under Section 80P(2)(e) of the 1961 Act. Against the impugned decision, appellant has come to this Court ... : (1) The purpose of the clause was to ensure that there was no loss of foodgrains which were then a scarce commodity. That this is so would be apparent from the terms of Section 3(2)(d) of the Essential Supplies Act which was effectuated by Clause 9 of the licence granted under the Madras Foodgrains Control Order, 1947 which applied to ... variety of Foodgrains and other essential articles at a conspicuous place at his business premises in bold letters.5. On 31.8.1990, appellant filed its returns for assessment year 1989-90 claiming deduction under Section 80P(2)(e) of the 1961 Act on the income of commission received by it from the Government for storage of controlled commodities. On 31.10. ...

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 ...

May 01 1975

Nathmal Vs. The State of Rajasthan and Ors.

  • Decided on : 01-May-1975

Court : Supreme Court of India

Reported in : AIR1975SC2198; 1975CriLJ1871; (1975)2SCC591; 1975()WLN254

... and 2.465 battery cells. You had not displayed Price list and stock position on your KAROBAR (Business) which was necessary to be displayed under Essential Commodities Act, 1955 read with the Rajasthan (Display of Prices of Essential Commodities) Order, 1966.2. On 29th and 30th June, 1974. the Drug Inspector took search of your Godown situated at Sikar and recovered therefrom pain- ... be sufficient to lead to the conclusion that the petitioners had acted in any manner prejudicial to the maintenance of supplies of essential commodities. In that event one could say that there was no nexus between the grounds and the order of detention. The Rajas than (Display of Price of Essential Commodities) Order. 1966 made it imperative for the petitioners to display ... grounds and appreciating them in the context of other circumstances no person could have reasonably come to the conclusion that the petitioners were acting or likely to act in a manner prejudicial to the maintenance of supplies of essential commodities. It was further contended on their behalf that the grounds were vague and orders of detention were passed against the petitioners ... a licence in violation of the Drugs and Cosmetics Act. 1940. In neither of the grounds, however, it was alleged that the petitioners had refused to sell any of the articles to any of the customers. Even assuming that the violation of the law coupled with recoveries of large quantities of essential commodities and medicines could lead to the Inference ...

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