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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: rajasthan Year: 1982 Page 1 of about 7 results (0.021 seconds)

Nov 30 1982 (HC)

Brijlal Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Nov-30-1982

Reported in : 1983CriLJ1511; 1982()WLN785

..... any offence'. but it is well settled rule of law that when a specific provision is made under the special act as we have section 7(1)(b) in the essential commodities act, 1955, that would prevail over the general provisions contained in the cr. p.c. they cannot be used to supplement ..... interpretation of the term 'property' in clause (b) of section 7(1) of the essential commodities act, 1955. the question was whether the utensils containing the food-stuffs by which the provisions of gujarat guest control order, 1955 were contravened could be confiscated under-the provisions of section 517(1) of cr. p.c ..... or add something to the provision in the special act. in the special act, the second part as we find in section 517.(1 ..... high court for setting aside the order of the magistrate under revision. in view of the special provision of the special enactments namely, the essential commodities act and the defence of india rules, his lordship was pleased to propound the principle that the legislature intended to give power of forfeiture by an ..... . his lordship was pleased to draw a distinction between the law relating to confiscation enumerated in section 517 (1) of cr. p.c. and section 7(1)(b) of the essential commodities act and .....

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Aug 25 1982 (HC)

Bhanwar Lal Brij Gopal and Etc. Etc. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-25-1982

Reported in : AIR1983Raj104; [1987(54)FLR216]; 1982()WLN497

order, 1980 - clause 18 and constitution of india--articles 14 & 16--notification dated 27-5-1981--validity of--notification held valid by supreme court--m/s pokarchand v. state of rajasthan is not a good lawi have no hesitation to hold that judgment of this court m/s pokar chand jeevraj and 11 ors. v. the rajasthan and ors. 1981 wln 561 cannot be treated as good law in view of authoritative pronouncement of the hon'ble supreme court in mohan lal lila dhar and anr. v. state of rajasthan and ors. air 1982 s.c. 29; surajmal kailash chand v. union india and anr. 1982 s.c. 130. in both the later decisions this notification has been declared valid.(c) essential commodities act, 1955 - section 3b and rajasthan trade articles (licensing & control)

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Oct 13 1982 (HC)

Baldev Traders Vs. State of Raj. and anr.

Court : Rajasthan

Decided on : Oct-13-1982

Reported in : 1982WLN687

..... 226 of the constitution of india challenging the rajasthan rice procurement (levy; order, 1981.2. the state of rajasthan in exercise of the powers conferred by section 3 of the essential commodities act, 1955 read with the government of india, ministry of agriculture (department of food) order published under gsr 360, dated june 9, 1978, and with the prior concurrence of the central ..... liability on them to pay the contractual price to their principles.9. the object of the essential commodities act, 1955 is to provide for the control of the production, supply and distribution of, and trade and commerce in, certain commodities essential for human being in the interest of the general public it essentially deals as one of the subjects 'control of production, supply and distribution of ..... hand they will be liable to pay the sale-price to the real owners of the stock according to the contract between them. there is no provision in the essential commodities act or in the levy order making the petitioners immune from extra liability to the real owners of the stock.7. it has also been contended that the levy order ..... merely commission agents i.e. artiyas.5. the petitioners have thus challenged the levy order as unconstitutional and contrary to the provisions of section 3 of the essential commodities act (hereinafter referred to as 'the act'), and also violative of article 14 of the constitution of india.6. it is contended by learned counsel for the petitioners that (he case of the petitioners .....

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Aug 11 1982 (HC)

Vichitra Banwarilal Meena Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Aug-11-1982

Reported in : AIR1982Raj297; 1982()WLN294

..... fifth amendment which is both, fair, just, reasonable and not only proper, but indispensable in the indian constitution;(4) that the forty-fifth amendment nowhere infringes any essential features of the basic structure of the indian constitution. contrary to it, retention of the safeguards and protection of special reservations in lok sabha and vidhan sabhas for ..... enacted by parliament under article 35(a)(ii) of the constitution whereby all actions involving untouchability were made cognizable offences. this act was substantially amended and was renamed as protection of civil rights act, 1955, which came into force from 19th november, 1976.38. the main constitutional safeguards for upliftment of the weaker sections and the scheduled castes and ..... the mandate to build a welfare state contained in part iv;3. secular character of the constitution;4. federal character of the constitution;5. democratic character of government:6. essential features of the individual freedom secured to the citizens;7. dignity of the individual;8. sovereign democratic republic;9. justice, social, economic, and political;10. equality of ..... 1981 sc 234) (supra) vichitra, petitioner, however, takes inspiration from stray deduction of a jurist (dr. s.r. bhansali, associate prof. (law), university of raj., jaipur : 'essential features of the basic structure of indian constitution', 1982) wherein he observed as under:--'a walnut tree planted by golaknath in the supreme court was threatened by a storm brought .....

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Jul 06 1982 (HC)

H.S. Chauhan and ors. Vs. Life Insurance Corporation of India and ors.

Court : Rajasthan

Decided on : Jul-06-1982

Reported in : 1982WLN321

..... of the property has been given at prime place. i, therefore, hold that the right to property as contained in article 31, fundamental right before 44th amendment was never an essential-basic -feature of the basic structure of the constitution and therefore the parliament was within its competence under article 368 to delete it by 44th amendment. i hold that 44th ..... 4) republican and democratic form of government;5) supremacy of the constitution;6) secular character of the constitution;7) democratic form of government;8) federal character of the constitution;9) essential features of the individual freedoms secured to the citizens;10) dignity of the individual;11) sovereign democratic republic;12) unity of the country;13) liberty of thought, expression, belief, faith ..... bhim singh v. union of india (supra) observed that section 2(f), 11(6) and 23 of the urban land (ceiling and regulation) act, 1976 flagrantly violates these aspects of articles 14 and 31 which constituted the essentials and basic features of our constitution and therefore, protection of article 31(b) was not available. in para 49, he opined that the impugned ..... act has been put in ninth schedule by 40th amendment of the constitution but as it destroyed the basic structure of the constitution, it .....

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Aug 24 1982 (HC)

Smt. Shanti Devi Vs. Govind Singh

Court : Rajasthan

Decided on : Aug-24-1982

Reported in : AIR1983Raj211

..... wife', against the decree and judgment passed by the additional district judge no. 2,jodhpur dated 29-8-1980 for dissolution of marriage under section 13 hindu marriage act, 1955 (hereinafter referred as 'the act'), on the ground of desertion. 2. the petitioner govind singh, who will hereinafter be referred to as 'the husband', filed a petition under section 13(1) of ..... of inference to he drawn from the facts and circumstances and from the conduct and expressions of the parties. where in fact there has been a separation, the essential question always is whether the act of separation could be attributed to an 'animus deserendi', because desertion would commence when the fact of sepa-ration and the 'animus deserendi' coexist, but while living ..... leave the matrimonial home is one of the essential elements which differentiates desertion from wilful separation. if there is a temporary separation without any intention of permanently leaving the marital home, then the conduct of the spouse in such ..... 11. the emphasis of the learned counsel for the appellant is that the mere fact that the wife left the matrimonial home could not amount to desertion unless both the essential conditions, namely, the factum of separation and the intention to bring cohabitation permanently to an end are established. there is no doubt that quality of permanence in the intention to .....

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May 26 1982 (HC)

Kalyan and ors. Vs. the State of Rajasthan

Court : Rajasthan

Decided on : May-26-1982

Reported in : 1982WLN533

..... of the decree, dated february 13, 1980.3. during the pendency of this appeal, gopal had filed another suit under section 183 of the rajasthan tenancy act, 1955, against badri lal, which had been decreed on february 23, 1982. the learned assistant collector had held that the sale made by the members of the ..... the purchasers were not entitled to keep possession of the land, as the sale had been as initio void.6. section 46 a of the rajasthan tenancy act, 1955, lays down that no person, who is a member of the scheduled caste or a scheduled tribe, shall let or sub-let his holding to any ..... sale-deed, dated may 8, 1972 for an amount of rs. 8000/-. later on, gopal had filed a suit under section 183 of the rajasthan tenancy act, 1955, which had been decided on february 13, 1980. as badri lal was a minor, the suit had been filed against his guardian, kalyan. the learned assistant ..... invadors.4. i have given a careful consideration to the arguments advanced by the learned counsel for the petitioners. section 42 of the rajasthan tenancy act, 1955 (hereinafter referred to as 'the act') reads as under:42. general restrictions on sale, gift & bequest:the sale, gift or bequest by a khatedar tenant of his interest ..... with the innocence of the accused. the above noted observations apply with all force to cases which are at the stage of investigation.9. it is essential that a person accused of a crime should have free access to the court of justice so that he may be duly acquitted, if not found guilty .....

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Jan 07 1982 (HC)

Shankar Birmiwal and anr. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Jan-07-1982

Reported in : AIR1982Raj187; 1982()WLN127

..... an oppotrunity of being heard.35. the next contention that was urged by the learned counsel for the petitioners was that a telephone connection is essential for !he growth of human personality inasmuch as it enables a person to keep in touch with various sections of the people and it ..... in this context it has been pointed out that the legal profession has played a very significant role in upholding the values which are very essential for the growth of a free and democratic society and that the constitution also recognises the important role that is played by the legal profession ..... matter of registration of the applications of the applicants placed the said applications before the telephone advisory committee and the district manager of telephones merely acted on the basis of; recommendations of the telephone advisory committee without applying his independent mind to the documents that were submitted by the petitioners ..... interest and duty and that in so far as they were not covered by the qualifications prescribed by section 16 (1) of the orissa municipal act, the provisions disqualifying the category to which the appellant before the supreme court belonged was discriminatory. it was particularly pointed out that a client ..... the decision of the supreme court in sakhawanl ali v. state of orissa, air 1955 sc 166. in the said case the validity of clause (ix) of sub-section (1) of section 16 of the orissa municipal act, 1950, which provided that a person who was emptoyed as a paid legal .....

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