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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: jammu and kashmir Page 1 of about 19 results (0.022 seconds)

Sep 12 1980 (HC)

SaIn Dass Vs. Controller General, Jammu (Director Food and Supplies) a ...

Court : Jammu and Kashmir

Reported in : AIR1981J& K40

..... sell his products at a loss.3. in their reply affidavits the respondents have denied that the ordinance is either a spent up force or has been repealed by the essential commodities act, 1955. it is further maintained that clause 3 of the ordinance does not suffer from the alleged vice of excessive delegation.4. elaborating on the first three points, mr. p. ..... in the state of jammu and kashmir would stand repealed. even by this general provision, any legislation dealing with matters covered under the essential commodities act, 1955. would stand repealed. thus, even if there was no repealing clause in the essential commodities act, the provisions of the ordinance in so far as it attempts to control or authorise the supply and distribution of or trade and ..... does not suffer from any vice of unconstitutionality as urged by mr. rao. the arguments of mr. rao are, therefore, untenable.10. coming now to the question whether the essential commodities act, 1955 (for brevity, 'the act') repealed the ordinance as is urged by mr. rao. to resolve this controversy, it is necessary to look into the scope of both the enactments,11. the ..... is admitted that the central government has already delegated powers to issue such orders to the state government under section 5 of the act and therefore it is for the state government now to act and proceed under the essential commodities act, 1955, if so advised.17. since the points argued were fairly debatable, we leave the parties to bear their own costs.g.m. .....

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Jan 31 2007 (HC)

State Vs. Ashok Kumar and ors.

Court : Jammu and Kashmir

Reported in : 2007CriLJ4731,2007(2)JKJ1

..... that the accused had committed offences punishable under section 3/7 of the essential commodities act, 1955. although the police challans do not specifically indicate specific infraction of section 7 of the essential commodities act, 1955, yet it may be inferred from the police challans that the cases pertained to the violation of section 7(1)(a)(ii ..... by a judicial magistrate, 1st class. the police challans in question, do not indicate that the violation pertained to the infraction of section 7(1)(a)(i) of the essential commodities act, 1955 and in that view of the matter, these challans were not triable by the judicial magistrate, 1st class. all that the police challans indicate on the other hand is ..... thus required to be considered in the light of the provisions of the state code of criminal procedure rather than the central code of criminal procedure. section 7 of the essential commodities act, 1955 provides punishment of one year and fine under section 7(1)(a)(i) when the violation pertains to an order made with reference to clause (h) or clause (i ..... court of india and the recommendations made by learned sessions judge, udhampur. paramsiva pandians case, in my opinion, would not be applicable to the cases registered under the essential commodities act, 1955 in the state of jammu and kashmir because there is marked difference in the schedule forming part of the state code of criminal procedure and the schedule forming part of .....

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Jun 06 2006 (HC)

All J and K Banquet Hall and Caterers Association and ors. and Vs. Sta ...

Court : Jammu and Kashmir

Reported in : AIR2007J& K27

..... to prevent extravagance and wastage of food items, the government had taken a policy decision and issued a notification sro 145/2004 dt. 25th may' 04, under the provisions of essential commodities act, 1955, to regulate the scale of hospitality in wedding and related ceremonies. it is stated that earlier a notification was issued in terms of sro 455 dt. 11th sept' 73, which ..... whether sro 145, referred to above could be issued by the state under the provisions of essential commodities act, 1955 (here-in-after referred to as the act). section 3 of the said act in so far as relevant reads as under:3. powers to control, production, supply, distribution, etc. of essential commodities - (1) the central government, so far as it appears to be necessary or expedient for ..... personal life of an individual and infringe upon the freedom of a citizen to live with dignity. the object of enacting the provision under section 3(1) of the act is that the essential commodities are made available to the citizens at reasonable price and the same may be distributed equitably.11. in the case in hand, there is no question of fixing ..... the learned counsel for the petitioners and find merit in it. a perusal of section 3 of the act indicates that if the government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supply of any essential commodity or for securing the equal distribution and availability at a fair price, it may by order provide .....

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Mar 04 2010 (HC)

Kerosene Oil Retails Association Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... on the exercise of such fundamental right in terms of clause 6 of article 19 of the constitution of india by making law.12. the state has made law called essential commodities act, 1955, to place reasonable restrictions on the exercise of fundamental rights guaranteed under article 19 of the constitution of india. in terms of section 3 of the ..... essential commodities act 1955, government vide sro 79 of 1974 dated 25.2.1974 issued the order namely jammu and kashmir kerosene oil (licensing) order, 1974.13. the order of 1974 contains the complete .....

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Aug 13 2015 (HC)

Shaber Ayaz and Others Vs. State and Others

Court : Jammu and Kashmir

..... entry into india act, 1920.13.prevention of food adulteration act, 1954.14.prevention of money laundering act, 2002.15.army act.16.drug control act, 1950.17.extradition act, 1962 ..... .18.information technology act ..... .armed forces special powers act, 19902.arms act, 1959.3.cigarette and other tobacco products (prohibition of advertisement and regulation of trade and commerce production supply and distribution) act, 2003.4.essential commodities act, 1955 (eca).5.explosive substances act, 1908.6.explosives act, 1884.7.foreigners act, 1946.8.immoral traffic (prevention) act, 1956.9.motor vehicles act, 1988.10.narcotic drugs and psychotropic substances act, 1985.11.passport act, 1967.12.passport .....

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Aug 06 2007 (HC)

Habba Khatoon Filling Stations and ors. Vs. Union of India (Uoi) and o ...

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ410

..... the supply, distribution and for prevention of malpractices in respect of the petroleum products. because of their dealing in a product, which is controlled product and an essential commodity under the essential commodities act, 1955, the petroleum dealers cannot avoid their obligation to abide by the guidelines issued by the central government in this behalf from time to time. these guidelines cannot ..... the product does not contain marker under sub-clause (ia), the authorized officerg.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 ..... 12th january 2007, which for facility of reference are reproduced 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, ..... a special test kit is required for conducting this test. this test kit has been supplied to the inspecting officials of the oil marketing companies.7. the test kit essentially comprises of the buffer solution, plastic syringes and bottles and immuno assay system (ias) columns. the ias column contains especially cultured resins which, when comes in contact with .....

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Oct 04 1971 (HC)

Bakhshish Singh Vs. Court Martial and ors.

Court : Jammu and Kashmir

Reported in : 1972CriLJ1630

..... respondents nos. 2 to 5 herein was constituted to try the petitioner on the following charges:first charge. section 71 air force act, 1950. committing a civil offence that is to say transporting essential commodities made punishable under section 7 of the essential commodities act. 1955 read with ministry of food, agriculture community development and co-operation (department of food)) order dated 18th april. 1967. in that ..... is that on december 11. 1967. he exported from the state of punjab the aforesaid essential commodities in violation of the ban imposed by the central government vide its order no. g. s. r. 575 dated april 18. 1967. issued under section 3 of the essential commodities act. 1955, act no. x of 1955. this being clearly a 'civil offence' within the meaning of the term as defined ..... in section 4 of the air force act. (hereinafter referred to as 'the act') has by virtue of the legal fiction created by section 6 of the ..... act to be treated as an offence against the act and is triable by the court martial. the contention of mr. s.p. gupta, that since the essential commodities act. 1955 was not applicable to the state of jammu .....

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Feb 26 1998 (HC)

Lalit Goel Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

Reported in : 1998CriLJ3569

..... forcefully urged that crime branch of police lacks inherent jurisdiction to take any action under the essential commodities act. similarly, it was pointed out that no criminal offence, whatsoever, is either disclosed or made out on a prima facie reading of the f.i ..... show anything in that behalf alternatively, it is submitted that crime branch of police has no power to initiate any action against his client under the essential commodities act, which power only vests, according to learned counsel for the petitioner, with food and supplies department of the state. that being so, it is ..... petitioner vide f.i.r. no. 48 of 1997, dated 23-12-1997, under sections 420. 467 ranbir penal code and sections 3/7 essential commodities act has been made.3. before appreciating the respective submissions urged by learned counsel for the parties, brief fact s need to be noticed which are to ..... the offence on that evidence and proceed further with the trial. if it reaches a conclusion that no cognizable offence is made out, no further act could be done except to quash the charge-sheet. but only in exceptional cases, i.e., in rarest of rare cases of mala fide ..... proceeding against the accused.6. where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provisions in .....

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Apr 22 1983 (HC)

Kashmir Motor Drivers Association and anr. Vs. Union of India (Uoi) an ...

Court : Jammu and Kashmir

Reported in : AIR1983J& K100

..... . v. union of india, air 1975 sc 460, and prag ice and oil mills v. union of india, air 1978 sc 1296, where the act of the central government in fixing the price of an essential commodity in exercise of its powers under section 3 of the essential commodities act, was held to be legislative in character. i am, therefore, clearly of the opinion that the ..... act of the t. a. c. in revising the rates of premia, or determining other advantages, terms and conditions of insurance in exercise of its power ..... any rates, advantages, terms or conditions, relating to any risk, the advisory committee shall try to ensure, as far as possible, that there is no unfair discrimination between risks of essentially the same hazard, and also that consideration is given to past and prospective loss experience :provided that the advisory committee may, at its discretion, make suitable allowances for the degree ..... the statement of the law are decisions under article 14 of the constitution. mr. setalvad has fairly conceded that in view of the decision in the case of saghir ahmed, (1955) 1 scr 707 : (air 1954 sc 728). it would not be open to him to contend that even after the invasion of the fundamental right of a citizen is proved .....

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Jul 04 2007 (HC)

Sr. Superintendent of Police Vigilance Organization Vs. Gh. Rasool Mag ...

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ450

..... 12 hereinbefore. this provision appears to have been borrowed by many other enactment's like 'conversion of foreign exchange and prevention of smuggling act 1974' and 'prevention of black marketing and maintenance of supplies of essential commodities act 1980'.(b) under third proviso to sub section 4 of section 145 of the same code a magistrate while dealing with any immovable property ..... not an offence it is the owners/holders failure to satisfactorily account for its acquisition that is. that being so the pretrial power of seizure etc under forest act and ndps act commodities dealt with thereunder possession whereof by any person is perse an offence and automatically renders him liable to explain the same without which he would certainly be guilty ..... of dealing with the prohibited commodity. the power of pretrial seizure/confiscation under these statutes, therefore, cannot perhaps be seriously questioned because in no case the possessor or holder thereof ..... therein. that is why under both the statutes the culpable mental state of the accused is almost presumed and the onus to explain the possession etc of the prohibited commodity lies upon him. on the contrary that is not so under the corruption law. no presumption of guilt is attached with acquisition of any property dealt with thereunder. .....

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