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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: andhra pradesh Year: 1982 Page 1 of about 6 results (0.063 seconds)

Jul 16 1982 (HC)

Atmakuri Venkatratnam Vs. District Magistrate, Prakasam District, Ongo ...

Court : Andhra Pradesh

Decided on : Jul-16-1982

Reported in : 1982CriLJ2024

..... the production, supply or distribution of, of trade and commerce in, any commodity essential to the community; (b) dealing in any commodity (i) which is an essential commodity ad defined in the essential commodities act, 1955, or (ii) with respect to which provisions have been made in any such other law as is referred to in clause ..... directing that such person be detained. for the purpose of this sub-section, the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means (a) committing or instigating any person to commit any offence punishable under the essential commodities act, 1955, or under any other law for the time being in force relating to the control of ..... (a), with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that act or other ..... community and therefore, you are ordered to be detained under section 3(1)(b)(i) of the prevention of blackmarketing and maintenance of supplies of essential commodities act 1980 to prevent you from indulging on such acts in the public interest'. 3. the learned counsel for the petitioner submitted that the petitioner has sent the petition dated 17-6-1982 through .....

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Dec 24 1982 (HC)

Andhra Pradesh Rice Bran Solvent Extractors' Association and Anr. Vs. ...

Court : Andhra Pradesh

Decided on : Dec-24-1982

Reported in : AIR1983AP206

..... feed sale order was made by the government of andhra pradesh with the prior concurrence of the central government in exercise of the powers conferred by s. 3 of the essential commodities act, 1955 read with the government of india, ministry of industry and civil supplies (department of civil supplies and co-operation) orders no. g.s. r. 681 (e) and no. g.s ..... . manufacturing cost and reasonable return on the capital employed in the business was founded on the construction that sub-secs. (3) (3a) (3b), and (3c) of sec. 3 of the essential commodities act, 1955 constitute a single scheme and what is implicit in sub-section (3) is made explicit in sub-section (3c)'.the power to fix controlled price is in sec. 3 (2 ..... ) (c) read with sec 3 (1) and not in sec. 3 (3) of the 1955 act. in sub-sec. (2) (c) of sec. 3 it is stated that the order may provide for controlling the price at which any essential commodity may be bought or sold. the dominant words in sec. 3 (1) are that if the government is of ..... sum up our conclusions:(1) the andhra pradesh live stock feed (levy) and restriction on sale order, 1981 is not ultra vires the powers conferred by s. 3 of the essential commodities act: (2) the solvent extracted rice bran, solvent extracted groundnut oil cake, colvent extracted cotton-seed oil cake which are used in the preparation of dairy and poultry feed are .....

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Apr 23 1982 (HC)

Gangaram Vs. Government of Andhra Pradesh and anr.

Court : Andhra Pradesh

Decided on : Apr-23-1982

Reported in : 1982CriLJ1433

..... commerce in any commodity essential to the community : or (b) dealing in any commodity - (i) which is an essential commodity as defined in the essential commodities act, 1955, or. (ii) with respect to which provisions have been made in any such other law as is view to making gain in any manner which may ..... directly or indirectly defeat or lend to defeat the provisions of that act or other law aforesaid'. 26. the impugned ..... as follows :- 'for the purpose of this sub-section the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means - (a) committing or instigating any person to commit any offence punishable under the essential commodities act, under any other law for the 1955, or force relating to the control of the production, supply or distribution of a trade and .....

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Sep 03 1982 (HC)

Kishore Boiled Rice Mill Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Sep-03-1982

Reported in : AIR1983AP230

order1. the petitioner who are all rice-millers/dealers in prakasam district, are complaining that conditions 5 and 7 of the conditions of licence revived by the government by its memo no. 64132/cs. 1/81, dated 27-11-1981 are operating as unreasonable restrictions upon the fundamental right of the petitioners to carry on business guaranteed to them by art 19(1)(g) of the constitution of india and that they are not waranted by cl. (g) of art. 19.clause 3 of the andhra pradesh rice procurement (levy and restriction on sale order 1967 provides that every miller carrying on rice milling operations shall sell to the agent or an officer duly authorised by the government in this behalf at the notified price and at such percentage of the total quantity of each variety at the notified price and at such percentage of the total quantity of each variety of rice produced or manufactured by him in his rice mill every day as is specified for each district in the schedule. according to the schedule as it is now in force the levy is 50% cl. 4 (1) further provides that no miller or dealer shall sell or agree to sell, or otherwise dispose of the rice recovered by milling other than the quantity specified in cl. 3 except in accordance with the permit issued by the collector or any officer authorised by the government in this behalf sub cl. (2) of cl. 4 provides that, save as otherwise provided in sub-cl (1) no person shall transport rice for sale from the premises of any rice mill except in .....

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Dec 23 1982 (HC)

Commissioner of Income-tax, Andhra Pradesh Vs. Kodandarama and Company ...

Court : Andhra Pradesh

Decided on : Dec-23-1982

Reported in : [1983]144ITR395(AP)

..... of these permits is governed by the southern states (regulation of export of rice) order, 1964, issued under s. 3 of the essential commodities act, m 1955, and/or by the southern states (regulation of export of rice) order, 1971, issued under the defence of india rules. it is ..... of that case,. in 1967, the govt. of madhy pradesh issued the madhya pradesh grtam (export control) order, 1967, under s. 3 of the essential commodities act. under this order, export of gram was prohibited expect under and in accordance with a permit issued by the state government, or the authorities specified by it ..... expedient. there may be some contribution made no in commercial interest or expediency but in order to save a commercial company from the consequences of unlawful acts, say, for example, to hush up a company law investigation o r proceeding for breach of foreign exchange regulations. such contributions many also be ..... permits form the government of andhra pradesh for export of rice, did not constitute business expenditure within the meaning of section 37 of the income-tax act, 1961 ?' hus,. the question referred in all these referred cases, are identical, though in the first four cases the reference is made at the ..... by them to the andhra pradesh welfare fund, west godawari district (branch eluru), as business expenditure, under s. 37(1) of the i. t. act, 1961. the assessee case was that it was an expenditure wholly and exclusively incurred in the course of business and that, unless the said payment to .....

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Sep 24 1982 (HC)

Brooke Bond India Ltd. Vs. Union of India and ors.

Court : Andhra Pradesh

Decided on : Sep-24-1982

Reported in : 1984(3)ECC107; 1984(15)ELT32(AP)

..... (sc) the word 'manufacture, has various shades of meaning and, in the context of sales tax legislation, if the goods to which some labour is applied remain essentially the same commercial commodity it cannot be said that the final product is the result of manufacture. sales of pig bristles to foreign countries after they had been treated with chemicals and put ..... alcoholicliquors forhuman consumption;(b) opium, indian hemp,and other narcoticdrugs and narcotics;and(c) dutiable goods asdefined in section 2(c)of the medicinal and toiletpreparations (excise duties)act, 1955 (16 of 1955).------------------------------------------------------------------------ 8. the central government by its notification no. 55/75-c.e., dated 1-3-1975 has exempted certain goods specified in the schedule annexed thereto which is ..... list of specified is considered as a separately taxable item for the purpose of levy of excise duty under the first schedule of the central excises and salt act, 1944. a particular commodity cannot come under more than one items or under combined items of the schedule for the purpose of excise duty. it is well known that the excise ..... meaning and scope of the expression 'food stuff' as defined in clause 3 of the spices (forward contracts prohibition) order, 1944 read with section 2(a) of the essential supplies (temporary powers) act, 1946, which reads thus : 'much learned judicial thought has been expended upon this problem - what is and what not food and what is and what is not .....

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Nov 01 1982 (HC)

Srisailam Devasthanam Vs. Bhavani Prameelamma and ors.

Court : Andhra Pradesh

Decided on : Nov-01-1982

Reported in : [1985]58CompCas816(AP)

..... properties, the subject-matter of the contravention under the provisions of the essential commodities act. the question that arose there was whether a criminal revision petition would lie under ss. 435 and 439, cr. pc, to the high ..... v. l. ramayya [1974] 2 aplj 305; [1975] crl. lj 144 under the provisions of the essential commodities act vis-a-vis the cr.pc. under s. 6c of the essential commodities act, the district and sessions court is constituted as 'judicial authority' against the decision of d.r.o. confiscating the ..... longevity has appreciably increased in this country. therefore, in a matter like this, there can be no hard and fast rule. it is essentially a question of estimation. but that question must be a judicial one taking into consideration all the facts and circumstances of the case. 33 ..... second appeal is maintainable against the decision of the forest court (district court). the learned judges, after considering the provisions of the madras forest act, 1882, held that (at p. 313). 'it is hardly probable that the legislature would have provided for the ultimate determination by the ..... , and as a result, the deceased died instantaneously in the accident. it is also undisputed that the devasthanam is vicariously liable for the tortious acts of its employee, the driver. on these undisputed premises, the question for consideration is, what is the compensation the claimants-the legal representatives of .....

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Aug 27 1982 (HC)

Md. Ibrahim Khan Vs. Susheel Kumar and anr.

Court : Andhra Pradesh

Decided on : Aug-27-1982

Reported in : AIR1983AP69

..... reddi, j.) dealing with the scope of the expression 'reasonable opportunity of being heard' employed in s. 6b of the essential commodities act, observed in dharani trading company v. state of a.p., (1974) 2 aplj 166.'the procedure prescribed under section 6-b of the ..... examine the witnesses appearing against them and to adduce evidence in their defence, by and large, the rules of the evidence act are followed. it is clothed with the essential powers of a court of law and is always presided over by a high judicial dignitary'.but again the learned judge said ..... , nor a judicial cureall. if fairnesss is shown by the decisionmaker to the man proceeded against the form features and the fundamentals of such essential processual propriety being conditioned by the facts and circumstances of each situation no breach of natural justice can be complained of unnatural expansion of natural ..... even in the representation of the people's act that a person whose conduct has been adversely reported upon by a commission of enquiry should suffer some ..... at page (ix):-'...........yet, the pronouncements of this commission are not binding on any one. it is most essential there should be written into the act, and perhaps .....

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Nov 01 1982 (HC)

Srisailam Devastanam Vs. Bhavani Pramilamma and ors.

Court : Andhra Pradesh

Decided on : Nov-01-1982

Reported in : AIR1983AP297

..... of the contravention under the provisions of the essential commodities act. the question that arose there was whether a criminal revision petition would lie under ss. 435 and 439 criminal procedure code to the high court. the full bench has answered the ..... this court reported in public prosecutor v. ramaiah (1974) (2) aplj 305; 1975 cri lj 144 under the provisions of the essential commoditeis act vis-a-vis the code of criminal procedure under s. 6-c of the essential commodities act the district and sessions court is constituted as 'judicial authority' against the decision of d.r.o confiscating the properties the subject matter ..... and held that in recent years. the longevity has appreciably increased in this country therefore in a matter like this there can be no hard and fast rule. it is essentially a question of estimation . but that question must be a judicial one taking into consideration all the facts and circumstances of the case.29. in shiv prasad gupta v ..... and as a result the deceased died instantaneously in the accident it is also undisputed in the accident it is also undisputed that devasthanam is vicariously liable for the tortious acts of its employee the driver on these undisputed premise, the question for consideration premise, the question for consideration is what is compensation the claimants the legal representatives of the .....

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Mar 19 1982 (HC)

Hindustan Milkfood Manufacturers Ltd. Vs. State of Andhra Pradesh and ...

Court : Andhra Pradesh

Decided on : Mar-19-1982

Reported in : [1982]51STC1(AP)

..... in the preparation of horlicks or in the preparation of tea by the dealer and later that converted commodity is sold on which tax is payable, and therefore, the levy is essentially on the use which the legislature is not competent under entry 54, list ii of the seventh schedule ..... sale or purchase. hence, it is ultra vires the powers of the state legislature. (3) sale of commodity, say milk, by the agriculturist vendors is exempt from tax under section 9 of the act. therefore, the milk purchased by the petitioners cannot be subjected to tax. (4) the liability to ..... question, namely, arecanuts, gingelly seeds, turmeric, grams, castor seeds and butter are 'goods, the sale or purchase of which is generally taxable under the act'. this is to say, they are 'taxable goods'. the sales of arecanuts, gingelly seeds, turmeric and grams were not liable to tax in the hands ..... this erroneous interpretation, the learned judges mixed up the concept of goods liable to tax with the transactions liable to tax under the act. the scheme of the act involves three inter-related but distinct concept which may conveniently be desired as 'taxable person', 'taxable goods' and 'taxable event'. all ..... subject to such restrictions and conditions as may be specified in the notification, including conditions as to licences and license fees.' 17. section 8 of the act also for comparison may be read : 'exemption from tax in respect of certain goods. - subject to such restrictions and conditions as may be prescribed, .....

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