Skip to content


Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: kolkata Page 1 of about 366 results (0.025 seconds)

Sep 05 1962 (HC)

Sudhanshu Bhusan Pal and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1963Cal61,1963CriLJ49,67CWN159

..... , therefore, is only in respect of law which was current immediately before the essential commodities act commenced. but this west bengal soft coke distribution order, 1955, commenced not before the essential commodities act, 1955, but after the essential commodities act came into force on the 1st april, 1955. the west bengal soft coke distribution order, 1955, came into force in october, 1955. therefore, the soft coke order here was passed after and indeed by ..... division bench of the mysore high court in nagareddy thimappa v. state of mysore, reported in air 1960 mys 192, also upholds at page 193 the constitutional validity of the essential commodities act, 1955, and the particular mysore rice procurement (levy) order, 1959 which it considered. the decision of a single judge of this court in ramrichpal agarwalla v. state of west bengal, reported ..... for the same reason to be a reasonable restriction'. these observations are also in support of the view that i am taking here. in that case the relevant section of essential commodities act, 1955 was discussed in the light of article 19 of the constitution although it dealt with a different order, namely, non-ferrous metal control order, 1958 and specially clauses 3 and .....

Tag this Judgment!

Nov 08 1990 (HC)

State of West Bengal Vs. the Raymond Woolen Mills Ltd. and ors.

Court : Kolkata

Reported in : (1991)1CALLT63(HC),95CWN248

..... is not at all affected by the central order seeking to operate on the same field and that the state control order having been promulgated under section 3 of the essential commodities act, 1955 read with section 6 thereof, must prevail over the cement control order, 1967 as amended in 1982.32. on an interpretation of clause (i) of s.o. 681(e ..... prejudicially affected by any control order passed by the state government although the state government, by virtue of delegated authority, under section 5 of the essential commodities act, 1955, is empowered, otherwise to make any control order relating to any essential commodity.31. this clause (i) of the s.o. 681 (e) takes the wind out of the sail of the arguments of the state ..... does not expressly provide that the said order is in derogation of the state control order of 1982. on a reading of section 6 of the essential commodities act, 1955 and section 31 of industries (development & regulation) act, 1951 it may safely be said that the west bengal government does not cease to have the power to enforce the state control order in ..... as a result of which non-levy cement became a non-essential commodity within the meaning of the central control order.6. under section 3 of the essential commodities act, 1955 the central government is empowered to provide for regulating or prohibiting production, supply and distribution of any essential commodity. under section 5 of the said 1955 act the power to make orders or issue notifications under section .....

Tag this Judgment!

Sep 13 1960 (HC)

Kedar Nath Saharia Vs. the State

Court : Kolkata

Reported in : AIR1962Cal410

..... police station, the learned chief presidency magistrate purported to take cognizance of the case under sections 7 and 10 of the essential commodities act 1955 (act x of 1955).2. this rule involves the question whether in view of the provisions of section 11 of the essential commodities act 1955, the learned chief presidency magistrate could on the basis of the said police report, take cognizance of the offences concerned ..... the court to take cognizance of offences under the essential commodities act, 1955.7. we have been referred to the case of a. p. misra v. the state, 1958 cr lj 1386 : (air 1938 cal 612), in which n. k. sen, j., ..... us to harmonise the two provisions respectively contained in clause (b) of sub-section (1) of section 190 and section 11 of the essential commodities act, 1955. we also take the view that the language of section 11 of the essential commodities act must be given effect to and that in that view of the matters a report by a police officer qua a public servant entitles ..... the report was regarded both by the police and by the learned chief presidency magistrate as a report under section 11 of the essential commodities act. indeed, the report by the police officer is entitled 'report under section 11 of the essential commodities act, 1955 and section 173 of the criminal procedure code'.6. now, there can be no doubt that a police officer is a public servant .....

Tag this Judgment!

Mar 18 2002 (HC)

G.L. Gayen Vs. State of West Bengal

Court : Kolkata

Reported in : (2002)3CALLT333(HC)

..... seized coal be retained by the investigating officer for verification of the same.6. subsequently the opposite party ramjanam singh surrendered before the learned judge, special court, essential commodities act, 1955 hooghly on 8.01.96 and submitted an application for bail with a copy of order dated 29.9.95 passed by the present petitioner in connection with the ..... s. case no. 95 and special case no. 30/95 under section 7(1)(a)(ii) of essential commodities act, 1955.3. the short fact leading to this revisional application is as under: the petitioner has been working as collector under essential commodities act, 1955 having his office at hooghly sadar at chinsura within the district hooghly.4. on the basis of a ..... the jurisdiction of the other.15. here, upon perusal of the impugned order, i find that the learned trial judge under the essential commodities act, 1955 has clearly exceeded his jurisdiction by asking for an explanation from the collector under essential commodities act, 1955 in connection with the confiscation order passed by him which is plainly not permissible within the framework of the ..... reliefs.10. i have heard the learned counsel appearing on behalf of the parties.11. section 6a of the essential commodities act, 1955 (hereinafter referred to as act, 55) expressly provides that the collector may make order of confiscation of the essential commodities seized in pursuance of the order made under section 3, whether or not prosecution is instituted for the contravention .....

Tag this Judgment!

Jul 28 1992 (HC)

Basistha Narayan Misra Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 1993CriLJ10

..... on the basis of the fir dated dec. 21, 1990, complaint case were filed by the police authorities, under section 7(1)(a)(i) of the essential commodities act, 1955, being case numbers 5/90, 323, 324, 325 and 326 of 1990 for alleged violation of the control order of 1965 describing 'breeze coke' as ..... and by such action the petitioner is alleged to have violated paragraph 4 of the said control order and section 7(1)(a)(ii) of the essential commodities act, 1955.15. according to the petitioner he is not at all a licence holder, in respect of sale of soft coke and as such, no ..... the stock to the licensed premises of the consignee, in violation of para 4 of the said control order and section 7(1)(a)(ii) of the essential commodities act, 1955.11. further, according to the petitioner, the enforcement branch of the state police again impleaded the petitioner, in g.r.p. case no. 5/91 ..... 17(12)90, 18(12)90, 19(12)90 and 20(12)90 for alleged violation of provisions of section 7(1)(a)(ii) of the essential commodities act, 1955 and para 4 of the west bengal soft coke licensing order, 1965, before the special court, alipore, on the charge that the petitioner brought or ..... legal position and had merely forwarded the f.i.r. without being satisfied whether 'breeze coke' is an essential commodity and the petitioner had violated the provisions of section 7(1)(a)(ii) of the essential commodities act, 1955.66. in the circumstances stated above, this court is of the view that the petitioner being 'a financier .....

Tag this Judgment!

Mar 28 1991 (HC)

Achinta Kumar Saha Vs. State and anr.

Court : Kolkata

Reported in : 1992CriLJ3

..... leave the matter at that.10. the decision of the supreme court in thakur das v. state of madhya pradesh : 1978crilj1 even though rendered under the provisions of the essential commodities act, 1955 before the ammendment of 1974, goes a long way to support the view we take. it has been pointed out therein (at 607), that a confiscation proceeding under ..... the view we propose to take. we have no manner of doubt that out constitutional jursidiction under article 227 is far beyond the reach of section 6e of the essential commodities act, 1955, notwithstanding the purported broad sweep and apparent amplitude of its provisions and would accordingly survive with all its magnitude all such legislative ona-slaughts.4. but as we have ..... collector being otherwise amenable to our superintending jurisdiction under article 227 while discharging his functions under section 6 a of the essential commodities act, 1955 in ordering confiscation of the essential commodities seized in pursuance of an order made under section 3 of the act. but the cleavage of opinion appears to centre round the question as to whether section 6e, in providing that ..... provisions of the code would cease to apply to the extent provisions are made in such other special law.8. the essential commoties act, 1955 in section 7(i)(b) provides that on conviction of the accused, the essential commodities 'in respect of' which the offence has been committed shall be forfeited and therefore to that extent the general provisions of section .....

Tag this Judgment!

Jan 20 1986 (HC)

Lakhindar Samaddar Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1987Cal237,90CWN670

..... in the impugned notification, the respondents have violated the right under article 19(1)(g) of the constitution of india. we are unable to accept this contention. the essential commodities act, 1955 cannot be challenged as ultra vires an. 14 or 19 of the constitution. the appellants have not urged that the delegation under section 3 read with section 5 ..... the west bengal rationing order to any particular area, the two licensing orders would no longer be applicable in the said areas brought under statutory rationing.12. the essential commodities act, 1955 contains sufficient guidelines for making orders for bringing into force the west bengal rationing order in an area. during the hearing of the appeal, the respondents relied upon ..... by section 3 read with orders of the government of india under section 5 of the easential commodities act, 1955. the appellants did not contend that the west bengal rationing order and the two licensing orders were beyond the said delegated powers. the essential commodities act, 1955 itself has been included in the ninth schedule of the constitution. the fact that the west ..... rationing order, 1964 would be in force. the learned advocates appearing on behalf of the appellants themselves have not disputed that the expression 'restriction' in section 3 of the essential commodities act was wide enough to include prohibition provided it was reasonable and in the interest of public (see madhya bharat cotton association ltd. v. union of india : air1954sc634 , .....

Tag this Judgment!

Dec 19 1963 (HC)

Nathuni Lal Gupta and ors. Vs. the State and ors.

Court : Kolkata

Reported in : AIR1964Cal279

..... of the defence of india rules.12. the next point argued was that the definition of essential commodity in the defence of india rules was m conflict with that given in section 2(a) of the essential commodities act, 1955. under section 2(a), clause (v) of the essential commodities act, essential commodity means 'toon stuffs including edible oil-seeds and oils'. it was argued that food stuff ..... was different from food and on the strength of the cases cited above it was contended that the definition of essential commodity in the essential commidities act, 1955 differed from that in the ..... has no nexus with prejudicial act as stated in rule 35(6) of the defence of india rules, that the prejudicial ..... of the 7th schedule to the constitution, that the definition of essential commodity in sub-rule (5) of rule 35 of the defence of india rules, 1962, is repugnant to the said entry and is also inconsistent with the provisions of essential commodities act, 1955, section 2(a)(xi), that the prejudicial act as defined in rule 41 (1) (a) of the constitution .....

Tag this Judgment!

Aug 25 2008 (HC)

Pramod Chandra Ghose and anr. Vs. State of West Bengal and ors.

Court : Kolkata

..... set of dealers operate through a regulatory mechanism provided under the west bengal kerosene control order, 1968 which is an order promulgated under the provisions of section 3 of the essential commodities act, 1955 (the 'act' in short). the other set of dealers, whose interest the petitioners are espousing, are dealers appointed under the 2003 control order, who deal with various other public distribution ..... . mr. bandopadhyay, appearing on behalf of the private respondents also argued that an order made under the essential commodities act, 1955 also becomes part of the statute and on this basis the 1968 control order also ought to be deemed to be a part of the essential commodities act, 1955. he relied on a decision of the hon'ble supreme court in the case of national insurance company ..... through the fair price shops. such as rice, wheat, sugar, edible oils, kerosene and such other commodities as are notified by the central government under clause (a) of section 2 of the act.7. subsequently in exercise of power conferred under section 3 of the essential commodities act 1955, read with the 2001 control order, the state government promulgated the west bengal public distribution system (maintenance .....

Tag this Judgment!

Mar 17 2006 (HC)

Lakshmi Kanta Ghosh Vs. State of West Bengal

Court : Kolkata

Reported in : (2006)2CALLT179(HC)

..... ruthless hoarders and black marketers are holding the entire nation to ransom. it is to obviate and curb these mal practices on the part of the ruthless dealers that the essential commodities act. 1955 has been enacted along with the various order thereunder and the violation of the provisions of this type of offence in a welfare state should not be viewed with any ..... , in special court case no.70/ 1989 arising out of dadpur p.s. case no.44 dated 23.09.1989 under section 7(1)(a)(ii) of the essential commodities act, 1955, as amended.2. shortly put, the prosecution case is that on 23.09.89 s.i. m. rahaman (p.w. 1) under the supervision of inspector a.k. bhowmick and ..... of the west bengal kerosene oil control order. 1968 and paragraph 3(2) of the west bengal declaration of stocks and prices of essential commodities order, 1977. accused/appellant, was accordingly, charged under sections 7(1)(a)(ii) of act x. 1955.3. the defence case, as suggested to p.ws. 1 to 3 and as contended by the accused during his examination under ..... , circumstances and materials on record, the learned court below found the accused guilty under sections 7(1)(a)(ii) of act x, 1955 for violation of the provisions of paragraph 3(2) of the west bengal declaration of stocks and prices of essential commodities order, 1977, and paragraph 12 of the west bengal kerosene oil control order, 1968, convicted him thereunder and sentenced him .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //