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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: madhya pradesh Page 1 of about 190 results (0.273 seconds)

Jul 06 2006 (HC)

Gwalior Sugar Co. Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2006(3)MPLJ433; (2008)16VST591(MP)

..... anna and brothers and ors. v. state of karnataka (supra), cited by mr. s. nagu, the supreme court found that the karnataka rice procurement (levy) order, 1984 framed under the essential commodities act, 1955 dealt with compulsory acquisition of 1/3rd of the rice of each variety produced by miller at a purchase price fixed by the government and also required the miller to ..... cane covered by the agreement under the said para (c) of sub- clause (1) of clause 6. the control order made by the central government under section 3 of the essential commodities act, 1955, therefore, has made elaborate provisions for fixation of the minimum price by the central government payable by a producer of sugar to sugar cane growers and the sugar cane growers ..... and interest from the occupiers of factories as arrears of land revenue.11. we may now examine the relevant provisions of the control order made under section 3 of the essential commodities act, 1955 by the central government. clause 2(g) of the control order defines 'price' to mean the price or the minimum price fixed by the central government from time to time ..... ) and (6) of the control order made by the central government under section 3 of the essential commodities act, 1955, discussed above. similarly these provisions of the market act are in direct conflict with the provisions of sections 12, 15,16,19,20,21 and 22 of the sugar cane act made by the state legislature of madhya pradesh, discussed above. in view of such conflict .....

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Feb 08 2002 (HC)

Dharamchand JaIn Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2002(5)MPHT371; 2002(2)MPLJ225

..... ,000/- and all the stock of grains which was found in excess was confiscated in favour of the state government under the provisions of section 6a of the essential commodities act, 1955 (hereinafter referred to as the 'act' for short), against which the appeal was filed and the same has also been dismissed by the lower appellate court. hence, this revision.2. learned counsel ..... case of munilal bhagwat sharan and ors. v. the chief commercial superintendent eastern railway and ors. (air 1972 calcutta 405) the calcutta high court has held :--'section 6b of the essential commodities act makes it clear that no confiscation can be made unless the competent authority hears a representation from the person affected. if the authorities do not have an open mind before ..... ), order, 1991, clause 8 (1) and condition nos. 3 (a), (b), (c), 4, 6, 8 and 11 of the licence which is punishable under section 3/7 of the essential commodities act, and thereafter, he has given notice to show cause for confiscation of seized grains. if the collector, ujjain had already made up his mind that there was breach of the ..... /- security amount is nowhere indicating that the applicant has committed the breach of any order made under section 3 of essential commodities act. section 6a of the act reads as under:--'6-a. (1) confiscation of foodgrains, edible oilseeds and edible oils.--where any (essential commodities is seized) in pursuance of an order made under section 3 in relation thereto, (a report of such seizure .....

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Mar 05 2001 (HC)

Balwant Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2002CriLJ335; 2001(3)MPHT375; 2001(3)MPLJ414

..... ') for anticipatory bail. it relates to crime no. 23/2001 of police station multai, district betul.2. the case has been registered under section 7 of the essential commodities act, 1955 (hereinafter to be referred to as 'the act') for contravention of clause 4 (c) of the kerosene (restriction on use and fixation of ceiling price) order, 1993 hereinafter to be referred to as 'the ..... order with imprisonment which may extend to seven years. the contravention of clause 4 (c) of the control order issued under section 3 of the act is punishable with imprisonment which may extend to seven years.5. then came the essential commodities (special provisions) act, 1981 (act no. 18 of 1981) by which the words 'and non-bailable' were added in section 10a of the ..... act. this amendment was not a permanent feature of the act. it was for a specified period and it was extended from time to time. the said amendment ..... ultimately lapsed after the expiry of the period of the essential commodities (amendment) ordinance, 1998 which was promulgated on 25-4-1998. as the .....

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Apr 19 1963 (HC)

The State of Madhya Pradesh Vs. Jogilal Keshrimal and anr.

Court : Madhya Pradesh

Reported in : AIR1965MP27; 1965CriLJ43

..... the learned judges constituting the division bench as regards the sentence of fine to be imposedupon the accused who was found guilty of the offencepunishable under section 7 of the essential commodities act,1955, for the contravention of the madhya pradesh food-grain dealers licensing order issued in pursuance of thepower vested in the state government under section 3 ofthe ..... license before the stock arrived; but the delay in the office made the difference. 27. therefore, though i uphold the conviction of the applicant punishable under section 7 of the essential commodities act of 1955, i sentence him to pay a nominal fine of rs. 50/- or in default to suffer simple imprisonment for 15 days only. (order by the division bench) 28. ..... be convenient to treat him as the only person in charge of the business. 4. the madhya, pradesh foodgrain dealers licensing order was made under section 3 of the essential commodities act (10 of 1955) for the purpose of centrolling business in foodgrain anywhere in the madhya pradesh. every person who wants to do business in foodgrain should, from the date of the ..... acquitted by the first class magistrate, sendhwa, of the offence of contravening one of the provisions of the madhya pradesh foodgrain dealers licensing order, punishable under section 7 of the essential commodities act of 1955. the contravention was their storing, in course of their business, 155 maunds of rice ore 16-2-1959 without a valid license. while finding the facts, as alleged by .....

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Feb 06 1990 (HC)

Rameshchandra S/O Ramchandra Mittal and anr. Vs. State of Madhya Prade ...

Court : Madhya Pradesh

Reported in : 1990MPLJ586

..... , further one month rigorous imprisonment awarded by sessions judge, indore. though the sessions judge does not say so it appears that he acted as special court under section 12a of the essential commodities act, 1955 as amended by essential commodities (special provisions) act, 1981 read with government of madhya pradesh notification no. a-1105-iii-6-7-64-i, bhopal dated 10th february, 1983 by ..... madhya pradesh pulses and edible oil dealers licensing order, 1977 or any other order relating to foodstuffs, edible oils, hydrogenated vegetable oil and oilseeds issued under the essential commodities act, 1955 (no. 10 of 1955). breach if any, committed by the appellants of the order would be related to this clause 4.7. before dealing with the arguments it would be useful ..... for rs. 64,876.03 which works out to 6.98% profit. the appellants have thus contravened the provision rendering themselves liable to punishment under section 3/7 of the essential commodities act, 1955.10. shri s. l. ulkas learned counsel has claimed that the following items of reasonable expenses were excluded in computing the profit chargeable by the accused: - (i) ..... and ors. v. state of haryana, 1989 (4) scc 630. in judging the liability of partners of firm with reference to sections 10, 7 and 3 of the essential commodities act, 1955 for alleged contravention of the provisions of haryana rice procurement (levy) order, 1979 the supreme court held as under: -'but we are concerned with a criminal liability under penal .....

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Feb 06 1990 (HC)

Rameshchandra and anr. Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 1991CriLJ50

..... , further one month rigorous imprisonment awarded by sessions judge, indore. though the sessions judge does not say so it appears that he acted as special court under section 12a of the essential commodities act, 1955 as amended by essential commodities (special provisions) act, 1981 read with govt. of madhya pradesh notification no. a-1105-iii-6-7-64-i, bhopal dated 10th february, 1983 by ..... madhya pradesh pulses and edible oil dealers licensing order, 1972 or any other order relating to foodstuffs, edible oils, hydrogenated vegetable oil and oilseeds issued under the essential commodities act, 1955 (no. 10 of 1955). breach if any, committed by the appellants of the order would be related to this clause 4.7. before dealing with the arguments it would be useful ..... rs. 64,876.03 which works out to 6.98% profit. the appellants have thus contravened the provision rendering themselves liable to punishment under section 3/7 of the essential commodities act, 1955.10. shri s. l. ukas learned counsel had claimed that following items of reasonable expenses were excluded in computing the profit chargeable by the accused.(i) salary for ..... the state government to avoid any confusion.18. taking up the next whether appellant maheshkumar is also responsible for breach and therefore, punishable under section 3/7 of the essential commodities act, 1955, shri s. l. ukas has submitted that he was only a sleeping partner of the firm and in no way connected with running its business. the learned sessions .....

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Jun 19 1985 (HC)

Dugdh Utpadak Evam Vikreta Sangh, Jabalpur and ors. Vs. the State of M ...

Court : Madhya Pradesh

Reported in : AIR1986MP9; 1985MPLJ606

..... clauses (a) to (j) of sub-section (2) of section 3. the said order reads as under :'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. 315(e) dated the 20th ..... producers in jabalpur are concerned, they have fixed the selling price of milk at rs. 6.00 per litre.7. according to the petitioners, the essential commodities act, 1955, is enacted by the parliament section 2(1) defines 'essential commodity' to include cattle-fodder including oil-cakes and other concentrates, food stuffs including edible oils and oils. the word 'foodstuff' has not been defined under ..... appearing for thepetitioners, apart from other contentions, frankly conceded that the matter could be decided solely on the question as to whether the state government had the authority under the essential commodities act to include milk by amendment of the exhibition of prices and price control order, 1977 by insertion of item no. 13 'milk' in the schedule without having prior ..... these powers were conferred subject to prior concurrence of the central government in respect of clauses (a), (c) and (f) of sub-section (2) of section 3 of the essential commodities act and in pursuance thereof the state government sought concurrence of the central government when they proposed the amendment of exhibition of prices and price control order, 1977 by inclusion of .....

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Mar 10 1971 (HC)

Panjumal Khan Chand Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1971MP225

..... the purposes of levy.2. initially by gsr no. 1405 dated november 24, 1960, the government of india in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (act no. 10 of 1955) made the madhya pradesh rice procurement (levy) order, 1960. in clause 3 of that order a licensed miller was to sell to the purchase officer at the price ..... ), part ii, section 3(1), dated september 30, 1967) it was said as follows:--'g.s.r. 1508--in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (10 of 1955), the central government hereby makes the following amendment to the order of the government of india in the ministry of food, agriculture, community development and co-operation (department of ..... ) part ii, section 3(1) no. 137, dated july 24, 1967 directing as follows:--'g.s.r. 1111--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 ministry of food, agriculture, community development and co-operation (department of food) no. g.s.r ..... allowed on the short ground that the impugned memorandum dated february 28, 1968, having been issued without prior concurrence of the central government as required under section 5 of the essential commodities act, 1955, read with g.s.r. 1111, dated july 24, 1967, and g.s.r. 1508, dated september 30, 1967, of the central government is without authority of law. a mandamus .....

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Mar 31 1978 (HC)

Satyapal Anand Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1979MP6; 1978MPLJ727

..... produce wheat which is for human consumption and in order to regulate its fair distribution this order was enacted exercising powers under section 3 of the essential commodities act, 1955. under section 3 of the essential commodities act no order could be passed for levy of wheat-seed which is not for public distribution and not a food crop and therefore not ..... the purpose for which this order was passed, and it is also clear that this order was passed in exercise of powers conferred under section 3 of the essential commodities act, 1955 and that this order was passed after getting concurrence of the central government. the purpose indicated in the preamble of this order is the purpose of procuring adequate ..... to issue an order for securing the equitable distribution of an essential commodity and the essential commodity has been enumerated in section 2 and sub-clause (b) of section 2 of the essential commodities act, 1955 speaks of food crop including sugar-cane. it is, therefore, clear that under section 3 of the essential commodities act, 1955 the government could only pass an order for fair and equitable ..... the purpose of this order an agriculturist means a person who raises wheat crop alone or with other crops. section 3 of the essential commodities act, 1955 provides :-- '3. powers to control production, supply distribution etc. of essential commodities.-- (1) if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies .....

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Apr 04 1973 (HC)

Punjab Dal Besan and Oil Mills and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1974MP85; 1973MPLJ929

..... amounts ed to a total prohibition. 12. the order issued by the central government under section 5 of the essential commodities act, 1955, dated the 18th june, 1966. rung thus:-- 'in exercise of the powers conferred by section 5 of the essential commodities act, 1955, (10 of 1955), the central government hereby directs- (a) that the powers conferred on it by sub-section (1) of ..... of protein preparations. 3. the government of india, exercising powers under sections 3 and 5 of the essential commodities act, 1955 issued order no. 1844 dated the 18th june 1966 whereby power to issue regulations or orders under section 3 of the essential commodities act, 1955, was conferred on the state government subject to the limitation provided in that order. while exercising powers under ..... was in excess of the authority delegated under the order of the central government under section 5 of the essential commodities act, 1955, as although that order empowered the state government to issue orders in connection with section 3 (1) and (2) of the essential commodities act, still it provided that the delegation of powers under clause (d) of sub-section (2) will ..... section 3 of the said act to make orders to provide for the matters specified in clauses (d), (e), (f), (g), (h), .....

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