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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: chhattisgarh Page 1 of about 12 results (0.018 seconds)

Sep 06 2005 (HC)

Ambika Prasad Rajwade and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2006Chh107

..... 1), dated 17th june 1978/27 jyaistha, 1909 (saka)]ministry of agriculture and irrigation (department of food)in exercise of the powers conferred by section 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. g.s.r. 316(e), dated ..... the constitution of india relate to the chhattisgarh public distribution system (control) order, 2004 made under the essential commodities act, 1955 were heard analogously and are being disposed of by this common order.2. under section 3 of the essential commodities act, 1955 (for short 'the act') the central government has been vested with the power to make orders providing for regulating or prohibiting the ..... production, supply and distribution of essential commodity and trade and commerce therein if the central government is of the opinion that it ..... of the constitution. he submitted that the classification is not only unreasonable but also unfair and has no nexus with the object of section 3(1) of the act namely distribution of essential commodities at fair prices in an equitable manner.9. mr. kanak tiwari, sr. advocate, assisted by mr. rahul jha learned counsel appearing for the petitioner in .....

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Sep 09 2010 (HC)

Mahamaya Service Centre. Vs.

Court : Chhattisgarh

..... under sub-clause (1a), the authorized officer". "g.s.r. 19 (e).-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 further to amend the kerosene (restriction on use and fixation of ceiling price) order, 1993, namely ..... notification dated 12/1/2007 reads as under: "g.s.r. 18 (e).-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 to amend the motor spirit and high speed diesel (regulation of supply, distribution and prevention of ..... during the test and there should be admissible evidence for such service of notice on the dealer. strict adherence to the above requirement is essential, in view of the possibility of manipulation in the conduct of the test, if it is conducted behind the back of the dealer." 24 ..... have not been complied with. thus, the respondents cannot claim any sanctity in law and the court is well within its jurisdiction to declare such an act illegal and invalid. 30. for the reasons mentioned hereinabove, the impugned order dated 9/3/2009 (annexure - p/1) passed by the appellate ..... business and cannot be taken lightly. in order to justify the action taken to terminate such an agreement, the authority concerned has to act fairly and in complete adherence to the rules/guidelines framed for the said purpose. the non-service of notice to the aggrieved person before .....

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Dec 17 2014 (HC)

Vishnu Prasad Vaishnav Vs. State of Chhattisgarh

Court : Chhattisgarh

..... in connection with crime no. 298/13 for commission of offence punishable under section 379 of the indian penal code read with section 3 and 7 of the essential commodities act, 1955 (henceforth ??ec act, 1955) as the said vehicle was found involved in transporting the rice reserved for the poor and needy people under the public distribution system. (3) the petitioner, ..... magistrate has no jurisdiction to grant relief against seizure under section 457 of the code. paragraph 17 of the report states as under:- ??17. certain provisions of the essential commodities act, 1955 have relevance. section 6-a deals with confiscation of food grains, edible oil seeds and edible oils. section 6-b deals with issue of showcause notice before confiscation ..... section 457 of the code of criminal procedure to grant custody of vehicle seized for violation of an order made in exercise of power conferred by section 3 of the essential commodities act, 1955 ? (2) the petitioner is registered owner of four wheeler bearing registration no. cg-04-j.d.-2238. the said vehicle has been seized by the police station ..... not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance. ? (11) section 6e was inserted in the essential commodities act, 1955 by the amendment act no. 92 of 1976 with effect from 2.9.1976. (12) section 6e is disabling provision stating that .....

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Sep 22 2014 (HC)

Dinesh Gupata and Another Vs. The State of M. P. (Now C.G.)

Court : Chhattisgarh

..... dated 26/08/1998 passed by the special judge, raipur in special criminal case no.1/98 whereby learned special judge convicted the appellant under section 3/7 of the essential commodities act, 1955 (henceforth, ??act, 1955) for committing violation of clause 3 (1)(c) and clause 6(1)(c) of the liquefied petroleum gas (regulation of supply and distribution) order 1993 (henceforth, ??order 1993). both ..... baldev is dismissed as abated. 7. the liquefied petroleum gas (regulation of supply and distribution) order 1993 has been made in exercise of powers conferred by section 3 of the essential commodities act, 1955. clause 3 (1)(c) of the order 1993 provides that where a person has been granted a connection for liquefied petroleum gas under the public distribution system then he shall ..... gas connection was issued in his name. he was present in the hotel as he is the son of owner of the hotel. section 7(1)(a)(ii) of the essential commodities act provides that for any adequate or special reason to be mentioned in the judgment, the court may impose a sentence of imprisonment for a term less than 3 months. the .....

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Sep 17 2012 (HC)

Pal Singh Chawla Vs. Hindustan Petroleum Corporation Limited and Other ...

Court : Chhattisgarh

..... the product does not contain marker under sub- clause (1a), the authorized officer". "g.s.r. 19 (e).-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 further to amend the kerosene (restriction on use and fixation of ceiling price) order, 1993, namely :- 1.(1) this order may ..... amendment order 2007 published by notification dated 12/1/2007 reads as under : "g.s.r. 18 (e).-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 to amend the motor spirit and high speed diesel (regulation of supply, distribution and prevention of malpractices) order, 2005, namely; 1 ..... opportunity to arrange for his presence during the test and there should be admissible evidence for such service of notice on the dealer. strict adherence to the above requirement is essential, in view of the possibility of manipulation in the conduct of the test, if it is conducted behindthe back of the dealer." 10. the aforesaid issue came up for ..... agreement of a party is a serious business and cannot be taken lightly. in order to justify the action taken to terminate such an agreement, the authority concerned has to act fairly and in complete adherence to the rules/guidelines framed for the said purpose. the non- service of notice to the aggrieved person before the termination of his dealership agreement .....

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Sep 22 2014 (HC)

Dinesh Gupata and Another Vs. The State of M. P. (Now C.G.)

Court : Chhattisgarh

..... dated 26/08/1998 passed by the special judge, raipur in special criminal case no.1/98 whereby learned special judge convicted the appellant under section 3/7 of the essential commodities act, 1955 (henceforth, ??act, 1955) for committing violation of clause 3 (1)(c) and clause 6(1)(c) of the liquefied petroleum gas (regulation of supply and distribution) order 1993 (henceforth, ??order 1993). both ..... baldev is dismissed as abated. 7. the liquefied petroleum gas (regulation of supply and distribution) order 1993 has been made in exercise of powers conferred by section 3 of the essential commodities act, 1955. clause 3 (1)(c) of the order 1993 provides that where a person has been granted a connection for liquefied petroleum gas under the public distribution system then he shall ..... gas connection was issued in his name. he was present in the hotel as he is the son of owner of the hotel. section 7(1)(a)(ii) of the essential commodities act provides that for any adequate or special reason to be mentioned in the judgment, the court may impose a sentence of imprisonment for a term less than 3 months. the .....

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Mar 09 2007 (HC)

Durg Sahkari Vipnan Samiti Maryadit and ors. Vs. State of Chhattisgarh ...

Court : Chhattisgarh

Reported in : AIR2007Chh120

..... 3-2006 issued by the state government:raipur, the 21st march, 2006notificationno. f 13-8/food/2004/29 - in exercise of the power conferred by section 3 of the essential commodities act, 1955 (10 of 1955) read with the public distribution system (control) order no. g.s.r. 630(e) dated 31-8-2001 issued by government of india, ministry of consumer affairs, ..... right had been violated - high court erred in holding that state had to give such dealers prior notice of the said policy-decision - constitution of india, article 19(1)(g) essential commodities act 1955, section 3.b. administrative law - administrative action - policy - where as a policy-decision the govt. decided to bifurcate fair price shops and reduce the number of ration cards ..... for decision all these petitions are taken together, and are being disposed on by this common order.2. the essential commodities act, 1955, (for short, 'the act, 1955') has been enacted by the union of india with the object of equitable distribution and supply of essential commodities to the public at large. on being delegated the state is also competent to enact such statutory orders under ..... section 3 of the act, 1955 for attaining the avowed purposes of the act, 1955 including distribution of essential commodities to the ration card holders of public at large through fair price shops. for the first time, erstwhile state of m.p. enacted m.p. .....

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Aug 19 2011 (HC)

Sandeep Singh Vs. State of Chhattisgarh

Court : Chhattisgarh

..... 23.10.2010 by the police station - churiya in connection with the commission of offence under section 3/7 of the essential commodities act, 1955 (hereinafter referred to as "the e.c. act") under case no. no.248/10. the addl. collector, rajnandgaon initiated confiscation proceedings under section 6- a of the e.c ..... as to whether a petition under section 482 would be maintainable against an order passed by the confiscating authority in confiscating proceedings under the excise act and forest act. 8. in the present case, the order against which this petition under section 482 of cr.p.c. has been filed, has been ..... etc. where he is satisfied that an offence covered by clause (a) or clause (b) of sub section (1) of section 34 of the act has been committed and where the quantity of liquor found at the time or in the course of detection of offence exceeds twenty five bulk litres. while exercising ..... passed by the confiscating authority in confiscation proceedings drawn under section 6-a of the e.c. act. by the impugned order, the collector, though has ordered for release of the vehicle, certain conditions have been imposed, which have been challenged by ..... entertained on the ground that the same is not maintainable. an appeal was thereafter filed by the petitioner under section 6- c of the e.c. act, which has also not been entertained, stating that the appeal too is not maintainable. in these circumstances, the petitioner has approached this court for issuance .....

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Mar 21 2007 (HC)

Amar Nath Sahu Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : 2007CriLJ3014; 2007(2)MPHT88(CG)

..... words 'and non-bailable' were introduced. the said act of 1981 was to remain in force for a period ..... of 5 years only from the date of its commencement. thereafter, by the essential commodities (special provisions continuance) act, 1987, para 2, the preamble of the essential commodities (special provisions) act ..... 'and bailable' were deleted from section 10a of the act. as an effect of deletion of the aforesaid words from section 10a, there remained no specific provision in the act on the point whether the offence punishable under the act is bailable or non-bailable. by the essential commodities (special provisions) act, 1981, section 10a of the original act 1955, was amended and after the word 'cognizable' the .....

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Aug 25 2001 (HC)

M.P. Pandey Vs. National Mineral Development Corporation and anr.

Court : Chhattisgarh

Reported in : 2002(1)MPHT54(CG)

..... member of the central consumer protection council and as such it is entitled to receive sample under the provisions of food adulteration act and prosecute the offenders under the provisions of that act and also under the provisions of cosmetic act & essential commodities act etc. the petitioner himself is the member of state level steering committee of consumer welfare fund and advisory committee.4. in para ..... counsel for the respondents even on this score alone the writ petition should be dismissed. it is also further submitted that in terms of section 11a of the industrial disputes act thereis an alternative and efficacious remedy hence the petition should be dismissed.11. as i have stated above this court has already examined all theaspects of the merits of the ..... authority who is chairman-cum-managing director. it is also contended that the present matter must first come within the purview of section 33(2)(b) of the industrial disputes act, 1947. in i.a. no. 451/2001 the respondents have contended that there are certain industrial disputes raised by the writ petitioner in his personal capacity and such issues are ..... set under house allotment rules. specifically offence under clause 28 (2) (xxv) of the certified standing order is said to have been committed. the said order reads as under:--'an act subversive of discipline.'7. on receipt of articles of charges the writ petitioner submitted his reply vide annexure p-8 dated 4-10-99. among other things it was contended .....

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