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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: delhi Year: 1982 Page 1 of about 11 results (0.038 seconds)

Apr 01 1982 (HC)

Madan Lal Batra Vs. State

Court : Delhi

Decided on : Apr-01-1982

Reported in : 1998(3)DRJ240

..... issued an order stayed 'delhi (milk and milk products control order, 1979' (for short the order) under section 3 of the essential commodities act, 1955 (hereinafter referred to as the act). the order was promulgated for the purpose of maintaining and increasing the supplies of milk and for securing its equitable distribution in the union ..... offence by virtue of she provisions of the order and prosecution for the same could not be launched after its expiration notwithstanding that the act under which the order was issued was still in force. the gravamen of of the charge was the violation of the order during the ..... althoughregulation 2a had expired before his trial he was properly convicted, since section 11, sub-section 3 did not expire with the rast of the act, being designed to preserve the right to prosecute after the date of expiry.'(6) however, this decision was distinguished by the supreme court on ..... but cannot justify initiation of a new proceeding which will not be thing done or omitted to be don eunder the rule but a new act of initiating a proceeding after the rule had ceased to exist. on this interpretation the complaint made for the offence under rule 132a(4) ..... a milk product. hence, prosecution was launched against the petitioner for contravention of the order which constituted an offence punishable under section 7 of the act. however, it was subsequent to the expiration of the order.(2) the petitioner moved an application, inter alia, contending that the order having .....

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May 07 1982 (HC)

Mahindra and Mahindra Ltd. and Others Vs. Union of India and Others

Court : Delhi

Decided on : May-07-1982

Reported in : [1983]53CompCas409(Delhi); (1983)36CTR(Del)153; ILR1983Delhi856; [1983]141ITR174(Delhi)

..... on the business of manufacture and sale of agricultural tractors and agricultural implements. itci was manufacturing agricultural tractors and allied agricultural implements which were and are an essential commodity under the essential commodities act, 1955. 3. itci commenced production within three years of its incorporation and from then onwards was carrying on the business of manufacture and sale of tractors and allied ..... for the development of agriculture in the country, which is so vital to the growth of the nation. tractors have been declared an essential commodity under the essential commodities act, 1955; (ii) because of itci's parlous financial position as stated above, itci was facing the prospect of immediate closure. such closure would have resulted not ..... was accepted by the specified authority as well as by the central govt. the condition of the public interest of the amalgamation is clearly fulfillled. 14. the other essential condition to be satisfied for issuing a declaration under s. 72a(1) is that the amalgamating company was not, immediately before such amalgamation, financially viable by reason ..... notification in the official gazette, specify for the purposes of s. 72a. the effect of such declaration is, that notwithstanding anything contained in any other provision of the act, the accumulated loss and the unabsorbed depreciation of the amalgamated company for the previous year, in which the amalgamation was effected. an additional statutory function of the specified .....

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Mar 18 1982 (HC)

Vijay Pal Gupta, Delhi Vs. the State and Others

Court : Delhi

Decided on : Mar-18-1982

Reported in : 21(1982)DLT436; 1982(3)DRJ270

..... short but an important question relating to the procedure, governing the proceedings before a collector, under s. 6-a of the essential commodities act (for short, 'the act'), for confiscation of the essential commodity seized, for contravention of an order made, under s. 3 of the act in relation thereto. this question has arisen in the background of the following facts :- 2. on 10th march, 1981, at ..... , the order was vitiated, on account of non-compliance with the mandatory provisions of law. 4. section 6-a of the act empowers the collector to confiscate the essential commodity seized for contravention of an order made under s. 3 of the act in relation thereto. he can exercise this power whether or not the prosecution is instituted against the accused for contravention of ..... other conveyance) or the person from whom (it is seized) - (a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate the (essential commodity, package, covering, receptacle, animal, vehicle, vessel or other conveyance); (b) is given an opportunity of making representation in writing within such reasonable time as may be specified in the notice ..... envisaged in clause (a) of s. 6-b(1). the requirement of this clause is a notice in writing of the grounds on which it is proposed to confiscate the essential commodities. so the notice ought to have been given in the context of the proposed action. the mere fact that the petitioner had some kind of information with regard to the .....

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Mar 02 1982 (HC)

Aggarwal Oil and General Mills Vs. Delhi Administration (The State) an ...

Court : Delhi

Decided on : Mar-02-1982

Reported in : 21(1982)DLT466

..... quintals of edible oil without obtaining a valid license as a dealer, a case under section 7 of the essential commodities act (in short 'the act') was registered against the petitioner. thereafter, the collector, food and supplies, initiated proceedings under section 6a of the act for confiscation of the edible oil thus seized. he found, vide order dated march 17, 1981, that ..... be launched at the instance of the department concerned, and there is absolutely no justification in putting the petitioner to double jeopardy. section 6a of the act provides for confiscation of essential commodity seized in pursuance of an order made under section 3 in relation thereto. it clearly lays down that confiscation can be made if the collector is satisfied ..... counsel for the petitioner has in order to fortify his argument placed reliance on section 6c(2) of the act which makes a provision for payment of price of essential commodity seized when an order under section 6a of the act is modified or annulled by judicial authority concerned in appeal or when in a prosecution instituted for the contravention of ..... is a provision made in public interest because there is scaracity of essential commodities and delay in disposal of essential commodity seized will not be conducive to public good, rather it may harm public interest and defeat the entire purpose of the act, namely, to secure fair and equitable distribution of essential commodities. (7) the learned counsel for the petitioner has then urged that .....

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Dec 20 1982 (HC)

National Assn. of Motion Pictures Exhibitors, Delhi Vs. Union of India ...

Court : Delhi

Decided on : Dec-20-1982

Reported in : ILR1983Delhi691

..... revocation by the authority which issued the quota. in that case a complaint having been made of misutilisation of the quota, the quata was cancelled. section 7 & 8 of the essential commodities act provided for penalties which were imposable for contravention of any order issued under section 3. rejecting the contention that for misutilisation of quota, only imprisonment on conviction was the consequence ..... be made to harishamkar bagla v. m.p. state : 1954crilj1322 . section 3 of the essential supplies (temporary powers) act 1946 empowered the central government to issue an order as it appears to be necessary for maintaining or increasing the supplies of any essential commodity. section 6 of the act further laid down that any order made under section 3 shall have effect notwithstanding anything ..... court in g. kamaraju v. state of andhra pradesh (c.w.p. no. 418/1955 decided on 12-7-1957) (28). in that case sections 9 & 10 of andhra cinemas regulations act were pari materia the same as sections 14 and 15 of the central act. condition 11 empowered the collector to suspend or cancel a license. the learned single judge however ..... upheld by a majority of five to two (see: rajnarain singh v. chairman patna administration committee : [1955]1scr290 ) even otherwise this argument if accepted would defeat the very purpose of the act, and would virtually reduce the provisions of the 1950 act to a useless ritual because the whole purpose of section 2 is to so empower the central government that it .....

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Jan 29 1982 (HC)

Bali Ram Sharma Vs. S.H.O. Police Station, Defense Colony and ors.

Court : Delhi

Decided on : Jan-29-1982

Reported in : 1982CriLJ1910; 1982(3)DRJ154; ILR1982Delhi395; 1982RLR331

..... denying that the cases registered against him were false and cooked-up it is admitted that he has been acquitted in the cases under excise act and the essential commodities act. it is further admitted that the theft case has been cancelled by the court as being untraced. the respondents in the counter-affidavit have ..... in it was recorded on 30th august 1973. on the petitioner's own showing he had been arrested under the provisions of essential commodities act on that day. the allegations were that he had stored 61 bags of wheat in a godown in defense colony in contravention of the provisions of ..... 1977. the second case was registered earlier to the raid at his farm. this case was under s. 7 of the essential commodities act. the allegations were that he had stored 61 bags of wheat in a godown in defense colony in contravention of the provisions of the said ..... -existent. 5. the petitioner alleges that in furtherance of their efforts to harass and involve the petitioner in cases of violation of antiquities & art treasures act, the local police raided his home at chhatarpur. mehrauli on 25th september 1975, and seized some pieces of idols. the first information report no. 304 ..... sharma, however, is running a shop of handicrafts at jorbagh market, new delhi. 3. the petitioner's grievance is that after the antiquities and art treasures act came into force, a deputy superintendent of police of c.i.d. crime branch of delhi police, shri avtar singh, started harassing the antique dealers including .....

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Aug 13 1982 (HC)

Hoechst Pharmaceuticals Vs. C.V.S. Mani

Court : Delhi

Decided on : Aug-13-1982

Reported in : ILR1983Delhi548

..... low prices. that appeared to be the basis of therecommendations made by the hathi committee which byway of example mentioned 13 drugs. the prices are controlled under the essential commodities act by the drugs(prices control) order. without amending that ordervis-a-vis the five drugs in question the same have been putin schedule 'w to implement only a ..... hoechst. similar submissions have been madein the other petitions also. there is no specific reply tothese averments in the counter-affidavit. in our view brandnames are absolutely essential to identify each drug to theconsumer. when brand names are used the formulationsof different manufacturers are made known to the consumer leaving the choice with the doctor to ..... contains a large number of recommendations relating to all aspects of the drugs and pharmaceuticals industry.chapter x of the hathi committee report which deals withmeasures for providing essential drugs and common household remedies to the general public specially in rural areascontains recommendations relating to the substitution ofbrand names by generic names. the committee dealt withthis subject ..... . it noticed thatin order to keep the medical profession and particularly thegeneral practitioners well informed about the new drug andalso to popularise the generic names, it was essential torevise the indian national formulary and make it up to dateand to publish journals on the lines of prescriber's journalspublished in the united kingdom and united states ofamerica .....

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Mar 12 1982 (HC)

Commissioner of Income-tax, Delhi-ii Vs. Rohtak Textile Mills Ltd.

Court : Delhi

Decided on : Mar-12-1982

Reported in : (1982)30CTR(Del)151; [1982]138ITR195(Delhi)

..... anticipation of the actual sale and its completion in view of the fact that the business of the undertaking involves the supply of a very essential commodity and it is absolutely imperative that a continued and uninterrupted supply of electrical energy to the consumers must be achieved in public interest. the ..... a sum liquidated damages under the agreement which became due to the assessed in april, 1951, though it was actually received only in december, 1955. the fact that the respondent was claiming an exorbitant sum to which he was not entitled did not convert its right into a contingent right. ..... suit was decreed only for the sum of rs. 2,34,000 offered by the company initially. this amount was received by the assessed in december, 1955, and credited in the profit & loss account for that year. the question was whether amount accrued or arose to the assessed on 23 april, 1951 ..... when the government had acquired the company's assets and that, thereforee, the balancing charge, if any, should have been taxed in the assessment year 1955-56. on the other hand, it was department's contention that since litigation was going on regarding the compensation payable to the assessed and since ..... undertakings by the punjab state. electricity board (pseb), on the expiry of the period of their licenses, under the provision of the indian electricity act, 1910 (act vii of 1910). 3. the assessed's electricity undertakings at hansi, bhiwani and hissar were taken over by the pseb in the financial year 1962 .....

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Mar 12 1982 (HC)

Additional Commissioner of Income-tax Vs. Rohtak Textiles Mills Ltd.

Court : Delhi

Decided on : Mar-12-1982

Reported in : ILR1982Delhi68

..... in the statute even in anticipation of the actual sale and its completion in view of the fact that the business of the undertaking involves the supply of a very essential commodity and it is absolutely imperative that a continued and uninterrupted supply of electrical energy to the consumers must be achieved in public interest. the statute still envisages that a sale ..... managing agency. eventually the suit was deemed only for the sum of rs. 2,34,00 offered by the company initially. this amount was received by the assessed in december, 1955 and credited in the profit & loss account for that year. the question was whether the amount accrued or arose to the assessed on 23rd april, 1951 or whether it was ..... place on 16th july, 1954 when the government had acquired the company's assets and that, thereforee, the balancing charge, if any, should have been taxed in the assessment year 1955-56, on the other hand, it was the department's contention that since litigation was going on regarding the compensation payable to the assessed and since it was only after ..... of some of the these undertakings by the punjab state electricity board (pseb), on the expiry of the period of their licenses, under the provisions of the indian electricity act, 1910 (act vii of 1910).(3) the assessed's electricity undertakings at hansi bhiwani and hissar were taken over by the pseb in the financial year 1962-63. the income-tax officer .....

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May 07 1982 (HC)

Indian Aluminium Cables Ltd. Vs. Union of India and Others

Court : Delhi

Decided on : May-07-1982

Reported in : 22(1982)DLT19; 1982(10)ELT467(Del)

..... strenuously urged that there is unimpeachable evidence on record, which was also placed before the excise authorities, that properzi rods are commercially a distinct commodity from wire bars and rods and casting. thereforee, no excise duty is payable at all. reliance is also placed on isi specifications which give ..... bars or castings which according to the petitioner are completely different and distinct commodities. 5. the conflict between the petitioner and the excise authorities came about in this way. by an order dated september 2, 1970, the ..... conductors which the petitioner claims it manufactures. as noticed earlier, petitioner's case is that properzi rods are a distinct and different commercial commodity as against wire rods and are not known to the market as wire rods. the said properzi rods cannot also be described as wire ..... takes about 30 minutes for melting. after melting, the aluminium at about 750 degrees centigrade is transferred to holding furnace. two holding furnaces are essential for continuous supply of melted aluminium to casting machine. from holding furnace, the melted metal is taken to rotating copper mould. the speed of ..... on the classification of v.p. latex under entries in the indian tariff act. it was held that the end use of the articles was absolutely irrelevant in the context of which entry a particular commodity would fall under. it was also observed that meanings given to articles in a .....

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