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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: chennai Year: 1982 Page 1 of about 5 results (0.043 seconds)

Jul 20 1982 (HC)

Senthilve and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Decided on : Jul-20-1982

Reported in : AIR1983Mad316; (1983)2MLJ368

..... dealers. in the year 1973, the government promulgated the tamil nadu kerosene (regulation of trade) order 1973, in exercise of the powers conferred on it under section 3 of the essential commodities act, 1955. the order came into force on the 14th nov., 1973. the order was promulgated for ensuring an equitable distribution of kerosene at fair price. the order provided for appointment of ..... not be open to them to make an executive order contrary to the system provided under the orders promulgated in exercise of the power conferred under s. 3 of the essential commodities act. the bench also observed that the restriction authorising the private retailers who depended solely on the kerosene trade for their livelihood was not warranted by the regulation order as such ..... if the government wanted to introduce a new system of distribution of kerosene a new order should have been promulgated in exercise of their powers under s. 3 of the essential commodities act.4. in similar circumstances, two persons holding retail registration certificates had also filed w. ps 7090 and 7091 of 1981, challenging the validity of g. o. ms. no. 234 ..... a new system of distribution other than that found in the order of 1973, they should have promulgate an order in exercise of the powers under section 3 of the essential commodities act, and that it was not open to the government to deprive any retail dealer who had also got registration under the licencing authority of their legitimate claim for doing business .....

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Mar 12 1982 (HC)

V. Kuppusamy Vs. State of Tamil Nadu, Represented by Secretary, Depart ...

Court : Chennai

Decided on : Mar-12-1982

Reported in : (1982)2MLJ278

..... view of the acute shortage of food-stuffs in the country, the government is bound to take all effective steps to implement the provisions of the essential commodities act (1955) and the various orders issued under section 3, thereof, from time to time. the conferal of the power of suspension of the licence of ..... state his objections.4. it is true that under section 23(4), which came to be introduced by the tamil nadu prohibition (second amendment) act li of 1981, the authority concerned is empowered to suspend the licence without affording an opportunity to the holder of the licence to state his objections ..... any other point before me. in substantiation of his submission, the learned counsel has drawn my attention to the entirety of section 23 of the act and would submit that under section 23(3) the power of suspension could be exercised only after giving an opportunity to the holder of the ..... charges, against the petitioner.2. mr. g. gopinath, learned counsel for the petitioner, would attack sub-section (4) of section 23 of the act under which the impugned order has been passed by stating that the said provision is violative of article 14 of the constitution of india. he has ..... petitioner on 27th january, 1982, by the assistant commissioner (excise), thanjavur; and opining that a prima facie case for violation of the provisions of the act and certain rules, 1981, and condition no. 4 of the licence, the second respondent suspended the licence of the petitioner. it has been clearly stated .....

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Mar 12 1982 (HC)

V. Kuppusamy Vs. State of Tamil Nadu and ors.

Court : Chennai

Decided on : Mar-12-1982

Reported in : AIR1983Mad222

..... in view of the acute shortage of foodstuffs in the country, the government is bound to take all effective steps to implement the provisions of the essential commodities act (1955) and the various orders issued under s.e thereof from time to time. the conferral of the power of suspension of the licence of a ..... permit to state his objections'.it is true that under section 23 (4), which came to be introduced by the tamil nadu prohibition (second amendment) act 51 of 1981, the authority concerned is empowered to suspend the licence to state his objections. if section 23 (4) is taken to be a taken ..... urged any other point before me. in substation of his submission, the learned counsel draws my attention to the entirety of section 23 of the act and would submit that under section 23 (3) the power of suspension could be exercised only after giving an opportunity to the holder of the licence ..... disposal of the charges against the petitioner.2. mr.g.gopinatha learned counsel for the petitioner, would attack subsection (4) if section 23 of the act, under which the impugned order has been passed, by stating that the said provision is violative of art 14 of the constitution of the india. he ..... petitioner on 27-1-1982, by the assistant commissioner (excise) thanjavur, and opining that a prima facie case for violation of the provisions of the act and certain rules 1981, and condition no.4 of the licence, the second respondent suspended the licence of the petitioner. it has been clearly stated that .....

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Apr 15 1982 (HC)

C. Devamani and ors. Vs. the State and ors.

Court : Chennai

Decided on : Apr-15-1982

Reported in : 1983CriLJ1320

..... pursuance of an order made under section 3 of the essential commodities act, (b) any package, covering or receptacle in which such essential commodity is found, and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity, in exercise of his powers under section 6-a of the essential commodities act (hereinafter referred to as 'the act').2. suryamurthy, j. has answered the question in the affirmative ..... agricultural by enacting the first proviso to section 6-a. the non-liability of the essential commodity will not absolve the liability of other persons owning the packing or the vessel in which the essential commodity was transported from being confiscated. the object of the act is to see that the essential commodities are not clandestinely removed or hoarded and hence, there is nothing illegal in the ..... of the general public, for the control of the production, supply and distribution of, and trade and commerce in certain commodities.'section 3 confers powers on the central government to control the production, supply, distribution etc. of essential commodities. section 7 of the act is the penal section and it provides for contravention of any order made under section 3. the section is a .....

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Sep 30 1982 (HC)

Secretary, Ministry of Finance, Government of India, New Delhi and ors ...

Court : Chennai

Decided on : Sep-30-1982

Reported in : 1983(14)ELT2184(Mad)

..... goods' thus : 'goods' noun plural (1) movables, household furnitures; (2) personal or movable estate, as horses, cattle, utensils, etc.; (3) wares, merchandise, commodities bought and sold by merchants and traders.' 7. in union of india v. delhi cloth and general mills, : 1973ecr56(sc) the question as to what constitutes goods within ..... contended that at no stage did they product and new product which could come within the limits described in the schedule as 'vegetable non-essential oils, all sorts, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power. ..... next question to be considered is whether the porcelain shells produced by the respondents are goods within the meaning of section 3 of the act. the act does not define goods. the term excisable goods is defined as meaning goods specified in the first schedule as being subject to a duty ..... excise duty since the entire stock of porcelain shells manufactured are used for captive consumption in the manufacture of lightning arresters. 16. by the finance act, 1979, an explanation was added to item 23-b which is as follows :- 'explanation ii. - this item does not include electrical insulators ..... s. insulators of india ltd., are liable to excise duty under tariff item 23-b of the first schedule to the central excises and salt act. 2. the respondents manufacture, among others, lightning arresters with the technical collaboration of messrs westing house electric international company, u.s.a. for .....

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Apr 21 1982 (HC)

Glenrock Rubber Estates Vs. the State of Tamil Nadu

Court : Chennai

Decided on : Apr-21-1982

Reported in : [1982]51STC405(Mad)

..... more in necessary to be established than pointing out that he systematically raises the produce in his lands, converts it into a marketable commodity and then sells the commodity at a profit in the market. the court no doubt ruled out the idea that an agriculturist selling his produce must in every ..... as the supreme court pointed out, these facts, by themselves, are not enough to render the assessees dealers within the meaning of the central sales tax act. 9. for the reasons aforesaid, we allow this revision and set aside the orders of the tribunal and the appellate assistant commissioner. the assessees are ..... the sheets to customers across the state borders. on the question whether the assessee was a dealer liable to tax under the central sales tax act on the sales in question, the supreme court observed that the taxing department had not established that the assessee in that case was a 'dealer ..... dealers in latex. since latex was sold across the state borders, the assessing authority brought the turnover to sales tax under the central sales tax act. the contention of the assessee was that they were not dealers in latex or in latex sheets which they sold, but their operations were purely ..... ' within the meaning of the act. the court observed that apart from the fact that the assessee had converted the latex tapped from the rubber trees into sheets, an operation which was essential for the transport and had marketed the sheets, nothing else has been .....

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Feb 26 1982 (HC)

R. Karuppan Vs. Ministry of External Affairs, New Delhi and ors.

Court : Chennai

Decided on : Feb-26-1982

Reported in : AIR1982Mad316

..... necessarily to be made from persons of mature personality, interview test may be the only way, subject to basic and essential academic and professional requirements being satisfied. to subject such persons to a written examination may yield unfruitful and negative results apart from its being an ..... been against the personnel of the selection committee. in these circumstances, it is only to be -assumed that the members of the selection committee acted in accordance with the relevant g. o an the question and did select the candidates an the basis of merit according to their best of ..... the petition of the appellant extracted above that no details have been given vice chancellor had influenced or had interfered with the selection. in f act, the learned counsel for the university pointed out that before the learned single judge, the appellant fairly conceded that no allegation of mala fides ..... for viva voce examination the marks allocated were 50. the principal contention as noticed by the supreme court in that case was that the committee acted arbitrarily in the matter of granting of admissions, first by ignoring the marks obtained by the candidates at the qualifying examination; secondly by relying on ..... act of cruelty to those persons, there are, of course, many services to which recruitment is made from younger candidates whose personalities .....

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Dec 22 1982 (HC)

Adaikkaji Vs. Abdul Rahman

Court : Chennai

Decided on : Dec-22-1982

Reported in : (1983)2MLJ152

..... not in excess of rs. 25,000 thus, in this case, though two of the requirements for the applicability of section 12(1) of the act are satisfied, the other essential condition has not been fulfilled and therefore, the petitioner cannot claim that the debt is exempt from the operation of the provisions of the ..... the petitioner as r. w. 1. in view of this evidence, the petitioner cannot claim that she is still a widow and therefore the provisions of the act would be inapplicable to the debt in question. thus, the second requirement for the applicability of section 12(1) has not been satisfied in this case. even ..... would not apply.6. lastly, the learned counsel for the petitioner submitted that the debt in this case would be exempt under section 12(1) of the act on the ground that the petitioner is a widow not owning property the market value of which exceeds rs. 25,000. in this connection, the learned counsel ..... that the claim of the petitioner against the respondent was a simple money claim unrelated to any trust or tort and therefore, section 12(d) of the act would not apply.5. it has earlier been seen that the liability of the respondent arose on the basis of an agreement to sell executed by the respondent ..... act.8. p.w. 1 has deposed that he has put up a hut in an extent of 2 cents in poramboke and that he does .....

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Mar 11 1982 (HC)

Commissioner of Income-tax, Tamil Nadu-i, Madras Vs. K.S. Subbiah Pill ...

Court : Chennai

Decided on : Mar-11-1982

Reported in : (1983)33CTR(Mad)327; [1984]147ITR87(Mad)

..... if, on the other hand, it is essentially a remuneration for the services rendered by a coparcener, the circumstances that his services were availed of because of the reason that he was a member of ..... is an income of the hindu undivided family but if it is the latter then it is the income of the individual coparcener. if the income was essentially earned as a result of the funds invested, the fact that a coparcener has rendered some service would not change the character of the receipt. but ..... see no analogy between a case in which the property of the hindu undivided family is sought to be encumbered for obtaining a benefit which is essentially personal to the manager and a case in which with the aid of the family funds the manager of the family is able to enter into ..... training given to the member at the instance of patrimony. this decision, it may be observed, resulted in the enactment of the hindu gains of learning act (act no. 30 of 1930) by which it was stated that no gains of learning shall be held to be exclusive and separate property of the acquire merely ..... would be assessable as income in the hands of the hindu undivided family. reference may be made to the cases of kaniram hazarimull v. commissioner of income-tax : [1955]27itr294(cal) and v. d. dhanwatay v. commissioner of income-tax : [1957]32itr682(bom) , in support of this view. the same principle has been applied .....

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