Court : Gujarat
Reported in : AIR1981Guj87; (1980)2GLR333
..... are urged. firstly, it is submitted that the gujarat rice (export-control) and paddy (movement control) order, 1966 is ultra vires section 3(1) of the essential commodities act, 1955. section 3(1) of the essential commodities act, 1955 runs as under: -'3. (1) if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of ..... (b) of the constitution:(b) the gujarat rice (export-control) and paddy (movement-control) order. 1966 is ultra vires the section 3(1) of the essential commodities act, 1955 and section 3(6) of the essential commodities act, 1955 as the order was not laid before both houses of the parliament; and(c) the notification issued by the government of india, being no. g. s. ..... this disposes of the first four contentions.'now this order also recites that this order is made in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955). it also recites that the government of india issued a particular notification and in view of that notification and after obtaining prior concurrence of the central government, the ..... of articles 301, 302, 303 and 304, and confer and the authority so appointed such powers and such duties as it thinks necessary.' now it clearly appears that the essential commodities act. 1955 is an act of parliament. article 304(b) will not apply in this particular case. the gujarat rice (export-control) and paddy (movement-control) order, 1966 is not a .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)3GLR2331; (2003)4GLR950
..... specific reference in the 'kerosene (restriction on use and fixation of ceiling price) order, 1993 issued by the central government in exercise of its powers under sec. 3 of the essential commodities act, 1955, is thus a well-known concept. the amendment in part ii of schedule i of the licensing order, 1981 by the amendment order dated 22-2-1994, by which 'kerosene ..... either from domestic production or by imports and it is sold at subsidised prices.14.1 the central government, in exercise of its powers under sec. 3(1) of the essential commodities act, 1955, made public distribution system (control) order, 2001 on 31st august, 2001, after forming an opinion that it was necessary and expedient so to do for maintaining supplies and securing availability ..... the decision of the learned single judge in the petitions which have been rejected and opposing it in the petitions which have been allowed, contended that the provisions of the essential commodities act, 1955 were placed at item 126 in the ninth schedule read with art. 31b of the constitution of india and this fact should be kept in mind while dealing with any ..... a decision which is not in a larger public interest. such a decision wasnot ultra vires the object of the licensing order of 1981 or against any provisions of the essential commodities act, 1955. the learned judge held that the state had made the law by way of subordinate legislation for a laudable purpose with a view to ensure that consumer gets better supply .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1993Guj20
..... essential commodities ordinance, 1955 with effect from 26th january, 1955, the essential supplies (temporary powers) act, 1946, came to an end. the essential commodities ordinance, 1955 was repealed by the essential commodities act, 1955 (hereinafter referred to as the 'act'), which came into force on and from 1st april, 1955. the order of 1948 issued under the provisions of the essential supplies (temporary powers) act, 1946 has been continued to be in force under the essential commodities act, 1955 ..... validity of section 4 is not questioned before and even if questioned, it will have to be negatived in view of the fact that the essential commodities act, 1955 has been placed in ninth schedule to the constitution of india. section 4 postulates delegation of powers in favour of central government and state government officers ..... constitutionally valid and unassailable.11. learned counsel next submitted that clause 21-a of the order of 1948 is ultra vires section 3 of the essential commodities act, 1955 because the delegation of powers to the textile c6mmissioner under the control order 1948 is illegal and invalid, inasmuch as such delegation is not contemplated ..... , on various grounds.10. mr. m. h. joshi, learned counsel appearing on behalf of the petitioners submitted that the provisions of section 3 of the essential commodities act, 1955 are ultra vires articles 14, 19 and 31 of the constitution of india and, therefore, provisions of cotton (control) order 1948 also being bad in law .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)4GLR3718
..... taken for eliminating the middlemen like the petitioners can not be said to be ultravires the object of control order, 1981 or the essential commodities act not it can be said that the same is de-hose the power conferred under essential commodities act, 1955. in my view, if the state has made law, may be by subordinate legislation for laudable purpose to ensure that the consumer ..... restriction as may be put by law for the purpose of public interest or public at large. the essential commodities act, 1955 itself has put up a restriction upon the right to have the business in essential commodities. since the object of the act is to regulate supply of essential commodities to the public at large, it can hardly be said that such a restriction can not be put ..... by law. if any citizen is desirous to undertake the business, may be in kerosene or anyother essential commodity, then he or she is required to do the business in the manner as regulated by the essential commodities act, 1955 read with relevant control order. if the control order of 1981 is by way of restriction upon the right to do business ..... gets better supply of essential commodities by eliminating class of middlemen, it can not be said to be against public interest nor can it be said .....Tag this Judgment!
Court : Gujarat
Reported in : (2005)3GLR2237
..... opinion does not merit acceptance in view of the fact that both these orders have been framed by the legislature in exercise of powers conferred by section 3 of the essential commodities act, 1955.5. the learned counsel next submitted that the order of confiscation is passed in violation of principles of natural justice as the show cause notice does not reveal the ..... price list etc. whereas in the instant case, as already discussed hereinabove, the confiscating authority has arrived at a definite conclusion that the provisions of section 6a of the essential commodities act has been violated and the goods in question were meant to be disposed of in an illegal and unauthorised manner, and therefore, the authority cited has no relevance. merely ..... bharuch, issued a show cause notice to the applicant calling upon him to show cause as to why the seized goods should not be confiscated under the provisions of the essential commodities act on the ground that at the time of inspection, the cleaner had not produced purchase bill, invoice or delivery challan and that the documents having been produced after 12 ..... , the applicant was ordered to be detained by order dated 14-10-2002 passed by the respondent no.2 under the prevention of black marketing and maintenance of supplies of essential commodities act, 1980. thereafter, the applicant made representation to the central government and by order dated 13-3-2003, the detention order was revoked. subsequent thereto, the respondent no.2-district .....Tag this Judgment!
Court : Gujarat
Reported in : (2001)3GLR2192
..... no. 44 of 2001 has arisen, the appellant while challenging the validity of the impugned order of 1998 on the ground that it was ultra vires the provisions of the essential commodities act, 1955, also sought for a direction on the respondents to allot to him a monthly quota of 500 m.t. of naphtha for manufacture of its product 'patrex' as ..... ) order, 1998 (hereinafter referred to as 'the impugned order of 1998') and seeking a declaration that the petitioner's product 'patrex' was not covered by the essential commodities act, 1955 (hereinafter referred to as 'the act') and impugned order of 1998. the appellant also challenged the order dated 3rd june, 1999, at annexure 'k' to that petition passed by the district supply officer ..... motor gasoline'. it was further stated : 'as defined under the bombay sales of motor spirit taxation act, 1958, 'patrex' is a motor spirit, declared as an essential commodity under the essential commodities act, 1955 act no. x of 1995, and classified as class 'a' petroleum product under the petroleum act, 1934 and the petroleum rules, 1976'. it was stated that the appellant would be willing to comply ..... the central government to regulate quantitative as well as qualitative aspects of the essential commodity. in paragraph 17 of the judgment, it was observed that the provisions of hie fruit products order, 1955 which was issued under section 3 of the said act were meant to regulate qualitative aspects of the food products covered by it and that, by virtue of .....Tag this Judgment!
Court : Gujarat
Reported in : 2007CriLJ2517; (2008)1GLR80
..... procedure, defining the public servant, would be of no avail to the application, in view of the fact that the essential commodities act being a special act shall be viewed in its proper perspective. the section 11 of the essential commodities act; 1955, though, provides that the complaint could be filed and maintained by the public servant as defined under section 21 of ..... the indian penal code but section 12(aa)(1)(e) of the essential commodities (special provision) act; 1981, which makes special provision by way of amending the essential commodities act; 1955, provides that, the special court may, upon a perusal of police report of the facts constituting an offence under this ..... seizures under this order.17. this notification does not speak about authority to initiate criminal proceeding / prosecution under the essential commodities act. paragraph 26 of the order refers the penalty and so also about application of provisions of essential commodities act, 1955. the legislature ought not to have missed the aspect and the effect of section 12(aa)(1)(e) of the ..... essential commodities act. there is nothing on record to show that mr.m.k.sureja was authorized to file a complaint under the essential commodities act against the accused by state government. here .....Tag this Judgment!
Court : Gujarat
Reported in : 1990CriLJ518; (1989)2GLR443
..... by the competent authority and the cement being not of the prescribed standard, complaint was filed for the offences punishable under section 7 read with section 3 of the essential commodities act, 1955 against the petitioners. when the case came up for framing the charges the petitioners raised only one contention that the cement (quality control) order is inoperative, null and ..... , therefore, the said order is imoperative, null and void and the charge for the offence punishable under section 7, read with section 3 of the essential commodities act, 1955, should not be framed against them, have challenged the order by the special judge, court no. 5, ahmedabad, asserting the same contentions and also that the cement ( ..... production, supply and distribution of and trade and commerce in, certain commodities in the interest of the general public. the commodities which were intended to be brought within the purview of the act were essential commodities as defined by section 2(a) ..... to regulate the production of an essential commodity will include the power to regulate the production of the essential commodity which may operate either qualitatively or quantitatively. the supreme court has observed --'.....we would refer very briefly to the scheme and the relevant provisions of the act and the fruit order. the act was passed in 1955 for the purpose of controlling the .....Tag this Judgment!
Court : Gujarat
Reported in : 2001CriLJ1474; (2001)3GLR2261
..... the complaint was barred by limitation prescribed under section 468 of the code of criminal procedure, because such contravention was punishable under section 7(1)(a)(i) of the essential commodities act, 1955 ('the act' for short), with imprisonment for a term which may extend to one year and fine. since, in the present case also, the complaint was in respect of ..... , etc., of essential commodities :- (i) if the central government is of opinion that it is necessary or expedient so to ..... do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, '(or ..... section 3(2)(h) and (i) of the act, but it would fall under section 7(1)(a)(ii) thereof. 3. the relevant provisions which are required to be kept in mind from the said act, the act of 1981, and the order as well as the code are as under :- 'the essential commodities act, 1955. section 3. powers to control production, supply, distribution .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1961Guj38; (1961)2GLR38
..... district and sell the same to retail sugar dealers in the mehsana district. the said business has been the main source of income of the petitioners. 3. an act called the 'essential commodities act, 1955' was passed by the parliament to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade ..... bhagwati, j.1. this petition raises an interesting question regarding the validity of state action in entrusting wholesale distribution of sugar which is an essential commodity under the essential commodities act, 1955, only to co-operative societies and excluding other dealers holding licences like the co-operative societies from such distribution. this action of the state has been ..... and commerce in, certain commodities which were considered essential commodities. the said act came into force on 1-4-1955. in exercise of the powers conferred on it by section 3 of the said act, ..... the central government made an order called 'the sugar (control) order, 1955' and the said order was notified in the official gazette .....Tag this Judgment!