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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: andhra pradesh Page 1 of about 519 results (0.052 seconds)

Aug 22 2008 (HC)

Elluru Chandra Obul Reddy Vs. Joint Collector and ors.

Court : Andhra Pradesh

Reported in : 2008(6)ALD411; 2008(6)ALT538; 2009CriLJ427

..... miller or purchaser of paddy or any person, contravening the provisions of the andhra pradesh rice procurement (levy) order, 1984, is liable to be prosecuted under the provisions of the essential commodities act, 1955.33. as the references answered would squarely cover the points to be adjudicated in the writ petitions, we deem it not fit to send back the writ petitions to the ..... as levy from the millers or dealers of paddy or rice in pursuance of the powers delegated to the state governments by the central government under section 3 of the essential commodities act, 1955.24. by insertion of this clause, the state governments can issue orders for the purpose of procurement of rice as levy from the millers or dealers. if these two ..... the 166 bags of rice. the third respondent registered a case in crime no. 58/2007 under section 406 of the indian penal code and section 7(1) of the essential commodities act, 1955.4. whereas, writ petition no. 18093 of 2007 is filed to declare the memo dated 19.7.2007 issued by the joint collector, west godavari, directing the petitioner to ..... criminal procedure.12. before adverting to the reference to be answered in the two writ petitions, it is intrinsically necessary to refer to the provisions of the essential commodities act, 1955 (for short, 'the ec act, 1955') for better appreciation of the case. the ec act, 1955, provides, in the interest of general public, for the control of production, supply and distribution of trade and commerce in certain .....

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Jun 15 1984 (HC)

K. Panduranga Pai Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : AIR1985AP268

..... g.s.r.800 dt. 9-6-1978 conferred powers on the state government by way of delegation to make orders under s. 3 of the essential commodities act, 1955. we see from g.s.r.800 dt. 9-6-1978, the central government directed that the powers conferred on it by sub-sec. ..... establishments with immediate effect and that any violations of the directions will entail action against the owners of catering establishments under the provisions of the essential commodities act. 1955. they further questioned the fixation of 12 apis for extra plate for cetni in g.o.ms.no.51 dt 8-2-1984 on ..... &a;) dated 16-2-1984 is beyond the powers delegated to the state government by the central government as per s. 3(2) of the essential commodities act, 1955? 5. points nos 1 and 2 the petitioners attack cl.6 of the a.p.catering establishments (fixation of foodstuffs)order, 1978 as unconstitutional. therefore ..... the constitution and arbitrary.further the government issued the impugned order without jurisdiction and the same is ultra vires of s. 3(2) of the essential commodities act, 1955. the state government has no authorisation to issue the said notification from the central governemnt. the impugned order is also violative of art 21 ..... ultra vires of arts. 14,16,19(1)(c) and (g) and art. 21 of constitution of india; and s. 3(2) of the essential commodities act, 1955 and direct the respondents not to implement and not to take any proceedings or make any prosecutions in pursuance of the said orders. the respondents in all .....

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Feb 11 1987 (HC)

The District Collector, Chittoor and ors. Vs. the Chittoor District Gr ...

Court : Andhra Pradesh

Reported in : AIR1988AP317

..... cl. 12(2) of t'he 19&2,order. it is urged that the state government has the authority under s. 3(1) of the essential commodities act, 1955 (act no. 10 of 1955) (for short, 'the act') in view of the delegation of the power by the government of india through notification bearing no. gsr 800, dated 9th june 1978. it is contended ..... notification. it will be relevant to extract the notification for ready reference; 'g. s. r. 800 - in exercise of the powers conferred by s. 5 of the essential commodities act. 1955 (10 of 1955). and in supersession of the order of the government of india in the late ministry of agriculture (department of food) no. gsr 316 (e). dt. the 20th june. ..... distribution of certain specified essential commodities. control prices of the scheduled commodities and regulation of inter-state trade and commerce in the commodities are governed by the essential commodities act. s. 3 of the act conferred power on the central government ..... exercise of the powers delegated by the central government to the state government under s. 3(1) of the act and consequently the respondent-writ petitioners are not entitled to question the steps taken by the state government.' the essential commodities act. 1955 is a central enactment providing for the regulation on trade and commerce in. and the production. supply and .....

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Aug 21 1959 (HC)

Sri Krishna Rice Mills, Tadepalligudem by Proprietor Sait Bansilal (Di ...

Court : Andhra Pradesh

Reported in : AIR1960AP431

..... of west godavari, east godavari, krishna and guntur districts. they mainly raise a question relating to the validity of the essential commodities act, 1955 (act x of '1955) as amended by acts xiii and xxviii of 1657 (hereinafter referred to as the act) and certain notifications and orders issued thereunder.2. the relevant facts may be briefly stated. a notification issued by the ..... of prices and the several notifications issued bearing on the requisitioning of foodstuffs is questioned, their main attack is concentrated on some of the provisions of the essential commodities act as also on the relevant notifications.at the outset, it may be mentioned that most of the petitions concern requisitions made under the price control order dated ..... ordinance by reason of want of legislative authority within the definition of essential commodities.the present act follows the same pattern as ..... was passed. but this expired before the constitution iii amendment act had become law. therefore, an ordinance was promulgated to take effect on 26-1-1955 making provision for regulating trade and commerce in and the production, supply and distribution of the essential commodities. this was replaced by the act, which included articles which were left out earlier in the .....

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Mar 06 2002 (HC)

Nalgonda District Oil Millers Association, Nalgonda Vs. Government of ...

Court : Andhra Pradesh

Reported in : 2002(3)ALD538

..... , 1998 ('control order' for brevity) was issued by the central government vide gsr no. 584(e), dated 17-9-1998 in exercise of their powers under section 3 of the essential commodities act, 1955 ('the act' for brevity). the government of andhra pradesh by their orders in g.o. ms. no. 42, food, civil supplies and consumer affairs (cs.iii) department, dated 17-5- ..... eonsume any quantity of wheat, paddy/rice, coarse gains, sugar, edible oil seeds and edible oils and shall not require any licence or permit under any order issued under the essential commodities act, 1955. after going through the 2002 control order, this court is of the considered opinion, in pith and substance, it is only a control order permitting a person to buy ..... or sell certain foodstuffs without any licence under any order issued by the central government or state government under the essential commodities act. the impugned control order viz., edible oils packaging (regulation) order, 1998 does not, however, deal with the same. therefore, the submission that on coming into force of the 2002 ..... contend that the action of the state government in proposing to implement the central control order is arbitrary and illegal. this challenge ignores the basic principles of constitutional governance. the essential commodities act is a law made by the union legislation under to entry 33 of the concurrent list of vii schedule to the constitution. therefore, even if in the state of .....

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Aug 11 1981 (HC)

Bejgam Veeranna, Venkata Narasimhulu and ors. Vs. State of Andhra Prad ...

Court : Andhra Pradesh

Reported in : AIR1981AP350

..... . 116, food and agrl. c. s. 1/2) 24-2-1977. in exercise of the powers conferred by clause (c) of sub-section (2) of section 3 of the essential commodities act, 1955 (central act 10 of 1955) read with the order of the government of india, ministry of agriculture (department of food) new delhi in g. s. r. no. 316 (e) dated the 20th june ..... andhra pradesh rice procurement (levy and restriction on sale) order 1967 (simply levy order) issued by the state of andhra pradesh in exercise of its powers under the essential commodities act, 1955 (simply the e. c. act) in g. o. ms. no. 2346 dated 17-9-1967, places the plaintiffs under a statutory obligation to sell to the f.c.i. certain percentage of the ..... tax at 3 1/4% on their purchases of paddy, the e. c. act, 1955 is an act passed by the parliament providing for direct governmental intervention in order to control production as well as trade and commerce in commodities which are essential for the living of the community so that those commodities are made available to the community at reasonable rates. under section 3(2 ..... or agent of such government or to a corporation owned or controlled by such government. sub-section (3-b) of section 3 of the e. c. act provides that where any person sells any essential commodity in compliance with an order made with reference to clause (f) of sub-secj tion (2), such a person should be paid an amount equal to the .....

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Sep 19 2002 (HC)

Suveera Traders/Rice Mill, Rep. by Its Proprietor Mr. N.V.S.V. Prasad ...

Court : Andhra Pradesh

Reported in : 2002(3)LS252

..... of wheat, paddy/rice, coarse grains, sugar, edible oil seeds and edible oils and shall not require a permit or license therefore under any order issued under the essential commodities act, 1955. the provisions of this control order shall take effect notwithstanding anything to the contrary in any order made by a state government before the commencement of this order, except ..... quantity of wheat, paddy/rice, coarse grains, sugar, edible oilseeds and edible oils and shall not require a permit or license therefor under any order issued under the essential commodities act, 1955. 4. the provisions of this order shall take effect notwithstanding anything to the contrary in any order made by a state government before the commencement of this order except ..... evidence to show that they have purchased such rice. in spite of that, the authorities have booked cases against the petitioners under section 6-a of the essential commodities act, 1955 (hereinafter referred to 'the act') and charge sheeted them on the file of the district collector, west godavari district at eluru. during the pendency of the proceedings, the petitioners were allowed ..... in the order at fair prices throughout the country. now, therefore, in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955), the central government hereby makes the following order : - 1. short title. extent and commencement (a) this order may be called the removal of (licensing requirements, stock limits and .....

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Sep 22 1971 (HC)

K. Munivelu Vs. the Government of India and ors.

Court : Andhra Pradesh

Reported in : AIR1972AP318

..... right of the petitioner which is guaranteed under art. 19 (i) (f) of the constitution of india.6. the parliament passed the essential commodities act 1955 (act 10 of 1955), hereinafter referred to as the act. section 3(2)(j) of the said act reads as follows:---------------'section 3(1): if the central government is of opinion that it is necessary or expedient so to do for ..... the respondents submitted that clause 5 of the said order was neither vague nor in excess of the delegated power, nor inconsistent with section 3(2)(j) of the essential commodities act, 1955. the act contemplates no proof before search and seizure but only reasonable belief. the order itself has been rescinded and there is no need to go into the question of the validity ..... pradesh coarse grains (export control) order, 1965, hereinafter called the order, is in excess of the power conferred on government of india by section 3(2)(j) of the essential commodities act, 1955.5. although sri babulu reddy, the learned counsel appearing for the petitioner challenged the legality and validity of the seizure of 76 bags of the millets on various grounds in ..... that cl. 5 of the andhra pradesh coarse grains (export control) order, 1965 is in excess of the power conferred upon the central government by s. 3 of the essential commodities act. 1955. the petitioner also contended that the seizure was illegal and accordingly prayed for a direction to the respondents to release the goods and not to take any section against him .....

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Feb 19 1974 (HC)

Boda Subrahmanyam and Co. and ors. Vs. the State of Andhra Pradesh and ...

Court : Andhra Pradesh

Reported in : AIR1975AP126

..... entitled to enforce through an application under article 226 of the constitution the representation made to them by the government, be it central or state, on the basis of the essential commodities act, 1955, the fertiliser (control) order 1957, g. o. ms. no. 1896 dated september, 10, 1970 and other connected circulars issued and agreements entered, provided that the representation does not suffer from ..... now examine the facts of this case.56. this is a case pertaining to the distribution of chemical fertilisers. that commodity was declared to be an essential commodity for the purpose of the essential commodities act, 1955 referred to hereinafter merely as 'the act'. the purpose of the act, as its preamble discloses, is to provide, in the interests of the general public for the control of the production ..... pradesh government and distribute them to the ryots, as per the terms of the licence granted to them under fertiliser (control) order, 1957 read with the provisions contained in the essential commodities act, 1955 and in accordance with the terms and conditions that may be laid down by the government from time to time.3. the government of andhra pradesh, as per their g .....

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May 06 1996 (HC)

Vinayaka Agro Products Vs. Inspector of Police, Vc Csd, Khammam and an ...

Court : Andhra Pradesh

Reported in : 1996(2)ALD(Cri)110; 1996(3)ALT673; 1996CriLJ2890

..... by the learned single judge and the same was dismissed on 14-9-1995 without going into the merits of the case as the proceedings under s. 6a of the essential commodities act, 1955 were pending before the 2nd respondent. immediately after the dismissal of the writ petition on 30-9-1995, the palmoline oil that was seized was sold pursuant to the orders ..... the pulses, edible oilseeds, and edible oils (storage) control order, 1977 (hereinafter referred to as the said order), section 3(2)(a)(d) and sections 7 and 8 of the essential commodities act, 1955. the tanker carrying palmoline oil was coming from grace trading (p) ltd., no. 9 madras to the petitioner at kota rajasthan under valid form no. 20, money receipt and freight ..... . it is conceded that the side control order has no application whatsoever, to the facts of the instant case and the respondents herein could not have acted and exercised their power under the provisions of the essential commodities act, 1955. but for the concession, we would have expressed our opinion in very strong terms indicating our disapproval of the action on the part of the ..... always be clearly supported by the authority of law. the principle would apply even with regard to the power exercised for seizure with reference to any statute including the essential commodities act (act 10 of 1955). the apex court in n. nagendra rao & co. v. state of a.p. : air1994sc2663 summarised the law on the subject (para 24) : 'no civilised system can permit an executive .....

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