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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Court: supreme court of india Year: 1982 Page 1 of about 14 results (0.109 seconds)

Feb 05 1982 (SC)

Sat Pal Gupta and anr. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Feb-05-1982

Reported in : AIR1982SC798; 1982(1)SCALE89; (1982)1SCC610; [1982]3SCR196; 1982(14)LC178(SC)

..... purpose of regulating its sale or supply. this contention has been negatived by the high court.3. it is true that the power conferred by section 3(1) of the essential commodities act, 1955, can be exercised by the central government or its delegate, only if it is of the opinion that it is necessary or expedient to provide for the regulation of any ..... rice bran. they also have an associate rice milling and husking plant which is run under the name and style of jagdamba rice mills, traori.2. section 3 of the essential commodities act, 10 of 1955, empowers the central government, under the circumstances stated in that section, to issue notified orders providing for the regulation of production, supply and distribution of any ..... order to sustain growth is food.7. we are therefore of the opinion that rice bran being a foodstuff within the meaning of section 2(a)(v) of the act, it is an essential commodity and therefore, the power conferred by section 3 can be used to regulate its production, sale or supply.8. the affidavits filed on behalf of the state of ..... which it was held that rice bran is 'cattle fodder' within the meaning of section 2(a)(i) of the act. we need not go into that question since we are of the view that rice bran, being a foodstuff, is an essential commodity.10. the decisions in the state of bombay v. virkumar gulabchand shah [1952] 2 s.c.r. 877 and .....

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Mar 16 1982 (SC)

P.P. Enterprises and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Mar-16-1982

Reported in : AIR1982SC1016; 1982(1)SCALE184; (1982)2SCC33; [1982]3SCR510; 1982(14)LC236(SC)

..... took up the first point and urged that the impugned order is not covered by any of the clauses of section 3 of the essential commodities act.5. section 3 of the essential commodities act, 1955, insofar as it is material for the purposes of this case, reads :3. (1) if the central government is of opinion ..... effect to the legislative intent of public welfare. so construed, the impugned order is fully protected and is not ultra vires section 3 of the essential commodities act, 1955.7. this leads us to the second contention, namely, the impugned order being violative of article 19(1)(g) of the constitution inasmuch as ..... 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 for securing any essential commodity ..... 1. in exercise of powers conferred by section 3 of the essential commodities act, 1955, sugar control order 1966 was issued by the government of india, ministry of agriculture. clause 5 of that order ..... to challenge the constitutional validity of the said order on three grounds ; (1) the impugned order is not covered by section 3 of the essential commodities act and is ultra vires; (2) the impugned order imposes unreasonable restrictions on the right of the petitioners to carry on their trade and so it .....

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Mar 03 1982 (SC)

Sukhnandan Saran Dinesh Kumar and ors. Vs. Union of India (Uoi) and or ...

Court : Supreme Court of India

Decided on : Mar-03-1982

Reported in : AIR1982SC902; 1982(1)SCALE165; (1982)2SCC150; [1982]3SCR371; 1982(14)LC503(SC)

..... protection to the farmers who have undertaken raising of sugarcane crop, the central government issued the control order in exercise of the power conferred by section 3 of the essential commodities act, 1955. by clause 3 of this order, power was conferred on the central government to fix minimum price of sugarcane to be paid by producers of sugar for sugarcane purchased ..... it was urged that the sugarcane control order was issued in exercise of power conferred by section 3 of the essential commodities act. one of the objects sought to be achieved by the essential commodites act, 1955, is to ensure availability at fair price the essential commodity to the consumers. it was further urged that one can visualise that the power to fix minimum price or ..... sugarcane as also the consumers of the essential commodity. number of regulations have been enacted almost since the dawn of independence to regulate this powerful combination of manufacturers of sugar and khandsari sugar all over the country for ..... growers. producers of sugar and khandsari sugar constitute a powerful trade lobby, the fact of which one can take judicial notice. sugar being an essential commodity occasionally kept in short supply and being a commodity needed for consumption by almost the entire population, the powerful industry magnates in this field are in a position to dominate both the growers of .....

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Sep 17 1982 (SC)

Yumnam Mangibabu Singh Vs. State of Manipur and ors.

Court : Supreme Court of India

Decided on : Sep-17-1982

Reported in : AIR1983SC300; 1983CriLJ445; 1983(1)Crimes11(SC); 1982(1)SCALE811; (1982)3SCC18; 1982(14)LC854(SC)

..... 'you have been extending financial help to the said organisation to enable it to carry on its illegal and violent activities.' but no particulars of any act or acts on the part of the appellant in that behalf have been given, though the detaining authority had before it the statement of the appellant recorded on 1 ..... his representation to the chief secretary of the government of manipur against his detention, denying having had any connection with the p.l.a. or having acted in any manner prejudicial to the security of the state or maintenance of public order. he also reserved his right to file further representation after getting certain ..... station on lodging a complaint (f.i.r.) against him for offences under sections 121/121-a i.p.c. and 13 of u.a.p. act. he was produced before chief judicial magistrate on 1.11.1981 and released on bail. however, at the instance of the police, when he visited the ..... public order. hence the under ' signed is compelled to order your detention under section 3(2) of the national security act, 1980. i am satisfied that with a view to prevent you from acting in any manner prejudicial to the maintenance of public order and security of the state, i have made this detention order. ..... order dated 20.11.1981 issued by the district magistrate, central manipur (respondent no. 2) under section 3(2) of the national security act, 1980 and on taking him into custody he was detained in manipur central jail. the detention was effected with a view to preventing him from .....

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Sep 16 1982 (SC)

Raj Kishore Prasad Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Sep-16-1982

Reported in : AIR1983SC320; 1983CriLJ629; 1983(1)Crimes15(SC); 1982(1)SCALE789; (1982)3SCC10; 1982(14)LC726(SC)

..... may be made under that act.6. sub-section (2) of section 3 thus confers power on the central government or ..... any manner prejudicial to the maintenace of supplies and services essential to the community' does not include 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' as defined in the explanation to sub-section (1) of section 3 of the prevention of blackmarketing and maintenance of supplies of essential commodities act, 1980 (7 of 1980), and accordingly, no ..... order of detention shall be made under this act on any ground on which an order of detention ..... respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the state or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an .....

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Dec 07 1982 (SC)

T. Barai Vs. Henry Ah Hoe and anr.

Court : Supreme Court of India

Decided on : Dec-07-1982

Reported in : AIR1983SC150; 1983CriLJ164; 1983(1)Crimes890(SC); 1982(2)SCALE1133; (1983)1SCC177; [1983]1SCR905

..... was thus a comprehensive code covering the entire field of punishment for offences under the act graded according to the commodity and character of the offence. it was held by this court that the bombay act was impliedly repealed by section 7 of the essential supplies (temporary powers) amendment act, 1950.19. it is strenuously argued on behalf of the appellant that section 16a ..... any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under this act.12. the act also introduced section 19a with regard to burden of proof and it read:19a. when any article intended for food is seized from any person fin the reasonable ..... contravention of orders made under section 3 of the act. the provision with regard to the penalties was that if any ..... later law made by parliament 'with respect to the same matter', the west bengal amendment act stood impliedly repealed,18. the case of zaverbai amaidas v. the state of bombay : [1955]1scr799 illustrates the application of the proviso to article 254(2). the essential supplies (temporary powers) act, 1946 was enacted by the central legislature, section 7 of which provided for penalties for .....

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Dec 17 1982 (SC)

D.S. Nakara and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Dec-17-1982

Reported in : AIR1983SC130; 1983(31)BLJR122; (1983)ILLJ104SC; 1982(2)SCALE1213; (1983)1SCC305; [1983]2SCR165; 1983(1)SLJ131(SC)

..... its retired employees including pre 1.1.1973 pensioners, whose actual value of pensions has been eroded by the phenomenal rise in the prices of essential commodities. in view of the present economic conditions in india and constant rise in the cost of living due to inflation, it is all the ..... it. to refer to the jaila singh's case (supra), when for the benefit of allotment of land the artificial division between pre-1955 and post-1955 tenant was struck down by this court, the class of beneficiaries was enlarged and the cake in the form of available land was a ..... recently decided in consultation with the ministry of law that the ministry of home affairs letter no. 2/32/51-ais, dated the 25th august, 1955 will not be applicable to those scs/sps officers, who were appointed to ias/ips prior to the promulgation of ias/ips (regulation of seniority) ..... to set up a sovereign socialist secular democratic republic. expression 'socialist' was intention ally introduced in the preamble by the constitution (forty-second amendment) act, 1976. in the objects and reasons for amendment amongst other things, ushering in of socio-economic revolution was promised. the clarion call may be ..... this court struck down as discriminatory the division of pre-1955 and post-1955 tenants for the purpose of allotment of land made by the rules under the rajasthan colonisation act, 1954 observing that the various provisions indicate that the pre-1955 and post-1955 tenants stand on the same footing and therefore do not .....

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Jan 27 1982 (SC)

Lingo-sulphite Corporation of India Limited and ors. Vs. U.P. State Su ...

Court : Supreme Court of India

Decided on : Jan-27-1982

Reported in : AIR1982SC786; 1982(1)SCALE34; (1982)1SCC539; [1982]3SCR66; 1982(14)LC157(SC)

..... over the years molasses has become a valuable commodity on account of its multi-use. the preservation, distribution and prices of the molasses were, therefore, controlled by a legislation, the uttar pradesh sheera niyantran ..... , who are the manufacturers of lingo-sulphite in india.3. molasses is the basic raw material for the manufacture of lingo-sulphite which is an essential raw material for all basic refractories, steel plants, cement factories, carbon-black plants and many other important industries. molasses is also used for distillation. ..... to be sold at the controlled rate or it can be sold at the market price as a free commodity.14. shri garg, senior counsel contends that from the scheme of the act and the rules it is evident that the entire production of molasses is to be controlled by the ..... controller appointed under the act, at every stage. he is to take into account the estimated supply and the estimated demand of the commodity; thereafter, he is to allot the commodity to a particular person for a particular purpose at the controlled statutory ..... price higher than the controlled one, than the contention of the appellant would be correct. on an analysis of the relevant provisions of the act we are quite clear that the controlled price was applicable only to the molasses for which an order had been passed by the controller in .....

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Mar 29 1982 (SC)

Madhya Pradesh Co-operative Bank Ltd. Vs. Additional Commissioner of I ...

Court : Supreme Court of India

Decided on : Mar-29-1982

Reported in : (1996)134CTR(SC)92

..... . the agricultural produce produced by the agriculturist can legitimately be called agricultural produce in his hands but in the hands of traders, it would be appropriate to call it agricultural commodities; it would not be his agricultural produce. accordingly, it must be held in this case that since the agricultural produce marketed by the assessee was not the agricultural produce produced ..... taxable. and as held above, the income derived from the investment in government securities placed with the state bank of india/reserve bank of india cannot be regarded as an essential part of its banking activity inasmuch as the same does not form part of its stock-in-trade or working/circulating capital. therefore, we see no force in mr. salves ..... interest earned on provident fund deposits. the assessee contended that it was entitled to the benefit of s. 81 of the it act as in force at all material times. the ito rejected this claim of exemption from tax put forward by the assessee. since the assessees contention did not find favour at ..... slp(c) nos. 5813-14 of 1982.2. the assessee in all these cases is a co-operative society registered under the madhya pradesh co-operative societies (amalgamation) act, 1957, hereinafter called the act. while framing assessment for the relevant assessment years in question, the ito included in the taxable income of the assessee interest earned on securities earmarked against reserves and .....

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Dec 16 1982 (SC)

Sheonandan Paswan Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Dec-16-1982

Reported in : AIR1983SC1125; AIR1983SC194; 1983(0)BLJR645; 1983CriLJ348; 1984(1)Crimes147(SC); 1982(2)SCALE1241; 1983(2)SCALE126; (1983)1SCC438; (1983)4SCC104; [1983]2SCR61

..... report and recommended that the home ministry of the government of india should be informed of the proposed course of action and suggested that before ordering detailed inquiry, it was essential to take concurrence of the union home minister. the chief minister, however, on 23.8.1977, discussed the matter with the chief secretary 'at 20.08 p.m.' and ..... prosecution or other proceedings on behalf of the government concerned. so there is the relationship of counsel and client between the public prosecutor and the government. a public prosecutor cannot act without instructions of the government a public prosecutor cannot conduct a case absolutely on his own, or contrary to the instruction of his client, namely, the government. take an ..... the public prosecutor to receive any instruction from the government before he files an application under that section. if the public prosecutor receives such instructions, he cannot be said to act under extraneous influence. on the contrary, the public prosecutor cannot file an application for withdrawal of a case on his own without instruction from the government.now in the ..... chairman of the socialist party of india, and chairman railwaymen's federation, sought to arouse resistence against the said emergency and to overthrow the government and that he committed various acts in pursuance of that object. the investigating agency submitted a charge sheet against shri fernandes and twenty-four others for offences under section 121-a, 120-b of the penal .....

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