Court : Kolkata
Reported in : AIR1969Cal594,1969CriLJ1480
..... . case no. 680/64 decided by mr. justice r.n. dutt and mr. justice a. p. das on the 30th april. 1969 (cal). the said decision is also under the essential commodities act, 1955 and in course of the same, their lordships referred to the observations of the supreme court in the case of pravin chandra mody. : 1965crilj250 and ultimately came to the conclusion ..... . mrs, moitra in this context further contended that in act 29 of 1966 there is no provision like section 11 of act 10 of 1955 relating to the cognizance of offences and that unlike section 5 of act 29 of 1966, there is no specific provision in the essential commodities act, 1955 enjoining that offences under the said act are not to be cognizable. for a proper determination of ..... that a prosecution report submitted under section 11 of the essential commodities act 10 of 1955 is in law a police report under section 173 (1) of the code and as such the procedure laid down in section 251a of the code of criminal procedure ..... the position because of the quantum of sentence provided for by way of penalty under section 3 of the said act. mr. ghosh next contended that in act 29 of 1966, there is no provision for cognizance as contained in the essential commodities act, x of 1955 or in 'he official secretsact but on a proper interpretation of sections 5 and 8(2) along with provisos .....Tag this Judgment!
Court : Chennai
..... cid, chennai unit has registered a case in crime no.721/2010 for offences under sections 6(4) of tnsc (rdcs) order 1982 r/w 7(i)(a)(ii) of essential commodities act, 1955 and sections 307 and 353 of ipc. after observing all the formalities, the inspector of police produced the detenue before the court of judicial magistrate-i, thiruvallur and remanded her ..... offence under sections 6(4) of tnsc (rdcs) order 1982 r/w 7(i)(a)(ii) of essential commodities act, 1955. the offence said to have taken place on 14.09.2010 at 16.00 hours.3. it is further stated in the grounds of detention that the detenue was also ..... offence under sections 6(4) of tnsc (rdcs) order 1982 r/w 7(i)(a)(ii) of essential commodities act, 1955. the offence said to have taken place on 25.08.2010 at 12.00 hours.3. civil supplies cid, chennai unit crime no.684/2010, for the commission of the ..... supplies cid, thiruvallur unit crime no.486/2009, for the commission of the offence under sections 6(4) of tnsc (rdcs) order 1982 r/w 7(i)(a)(ii) of essential commodities act, 1955. the offence said to have taken place on 16.07.2007 at 5.45 hours.2. civil supplies cid, chennai unit crime no.631/2010, for the commission of the .....Tag this Judgment!
Court : Mumbai Nagpur
..... common man at a fair price. in this situation, it is difficult to accept that a person for whose benefit provision like essential commodities act, 1955 or then above mentioned licensing order or regulation order have been made, has got more to say when it comes to malpractice or defects in ..... of powers conferred by clauses (c), (d), (i) (ii) and (j) of sub-clause (2) of section 3 of the essential commodities act, 1955 and all other enabling powers of state government. in exercise of same powers the state government has also formulated the maharashtra scheduled ..... who can make application to invoke that jurisdiction. thus, anybody can invite attention of state government to a malpractice in distribution of such essential commodity or scheduled commodity. only limitation therein, is such application or suo moto cognizance can be taken within a period of two years from the date of any ..... ble supreme court has considered the business competition in normal trade or business activity like cinema. here the activity is controlled and kerosene is an essential commodity. a person willing to deal in said business has to fulfill various formalities and after getting licence, he is supposed to carry on the ..... (sitaram sugar .vrs. union of india), has recognized right of a citizen to obtain essential articles at fair price and duty of state government to provide them. this judgment is under provisions of schedule commodities act and deals with fixation of price of sugar. but, then said concept can also be .....Tag this Judgment!
Court : Punjab and Haryana
..... of a notification issued by the state government under the defence of india rules in view of the notification issued by the central government under the provisions of the essential commodities act, 1955, inter alia, on the ground of inconsistency between the two notifications. the court found that the state s notification is on a refinement of the subject about ..... of the present appeal. before we advert to the arguments addressed by the parties, relevant statutory provisions from the code of criminal procedure (for short the code ), the essential commodities act, 1955 (for short the act ) and the liquefied petroleum gas (regulation of supply & distribution) order, 1988 (for short the order ) are required to be extracted. the same are as under: ..... of food adulteration act. it was held that it needs to be examined as to whether the cumulative effect of the provisions of the two statutes can stand ..... sections 19 & 19a of the foreign exchange regulation act, 1947, therefore, the police officials are not debarred from search and seizure of the premises under the order. in municipal corporation of delhi vs. shiv shankeer 1971 (1) scc 422.the supreme court was examining fruit products order issued under the essential commodities act, 1955 vis- -vis the provisions of the prevention .....Tag this Judgment!
Court : Supreme Court of India
..... in the latest notification published in 2015. the nlem is published under the 1st schedule to the drugs (prices) control order, 2013 ( dpco ) under section 3 of the essential commodities act, 1955 ( ec act ). the nlem specifies the recommended dosage and strength of oxytocin injection as 5iu per 1 ml and 10iu per 3 1 ml. oxytocin injection in the form of 5 iu ..... the said provision since it runs counter to the dpco and the section 6 of the essential commodities act, 1955.12. after having heard the senior counsel appearing for parties on both sides, we are of the view that the present group of appeals raise serious issues having far ..... schedule to the dpco notified by the central government in exercise of its powers under section 3 of the essential commodities act, 1955. it was submitted that power under section 26a cannot be exercised in respect of nlem drugs. section 6 of the ec act gives the dpco an overriding effect over other statutes. the impugned notification issued under section 26a is ultra vires ..... published under schedule 1 of the drugs (prices control) order, 2013 notified under section 3 of the essential commodities act, 1955 would be subject to the provisions of section 26a of the drugs and cosmetics act, 1940?. (ii) whether the impugned notification has resulted in creating a monopoly in favour of public sector companies, to the complete exclusion of private sector companies, and .....Tag this Judgment!
Court : Delhi
..... court order does not limit the various food stuffs. he also relied upon section 2 (a) of the essential commodities act, 1955 by virtue of which the essential commodity has been defined to mean commodities included in schedule to the act. the schedule to the act stipulates essential commodity to be food stuffs including edible oil seeds and oils . that apart, it is his submission that on ..... had also sent a letter to the secretary (environment), govt. of nct of delhi pointing out that under the essential commodities act, 1955, food stuffs including edible oil seeds w.p.(c) no.10534/2016 page 4 of 9 and oils were essential commodities and vide notification dated march 16, 2003, notification dated may 15, 2002 was amended and the word and edible ..... (4 axle trucks and above) rs.1300/- however, this charge shall not be me imposed on the following: (iii) passenger vehicles and ambulances. (iv) on vehicles carrying essential commodities, that is, food stuffs and oil tankers thereafter, government of nct of delhi has issued a notification 9. dated october 30, 2015 which reads as under:"department of environment notification ..... c) no.10534/2016 page 1 of 9 of delhi / respondent no.2 to levy environment compensation charge (ecc) on commercial vehicles entering delhi and exempt vehicles carrying essential commodities from ecc. in compliance of the order of the supreme court, the department of environment, government of nct of delhi issued notification dated october 20, 2015 exempting vehicles .....Tag this Judgment!
Court : Chennai
..... be allowed for the following reasons: (a) the fertiliser (control) order, 1985, was passed by the central government in exercise of the powers conferred under section 3 of the essential commodities act, 1955 (10 of 1955) and therefore, it is having a statutory force. (b) as per clause 29 (1) of the fertiliser (control) order, 1985, a fertiliser sample, drawn by an inspector, shall be ..... commission of the offences under clauses 13 (1), 13(2) and 19(b) of the fertiliser (control) order, 1985, which is punishable under section 7(1)(a)(ii) of the essential commodities act, 1955.3. the first respondent/complainant, in order to sustain their case, examined p.w.1 - chemist and himself as p.w.2 and also marked exs.p.1 to p ..... appellants for the violation of clauses 13 (1), 13(2) and 19(b) of the fertiliser (control) order, 1985, which is punishable under section 7(1)(a)(ii) of the essential commodities act, 1955.2. the appellants are arrayed as a.1 to a.3. the respondent/complainant is the agricultural officer (quality control), tirunelveli and he has also been appointed as fertiliser inspector ..... the code of criminal procedure, against the judgment dated 20.01.2004, passed in s.t.c.no.55 of 2000, by the learned special district and sessions judge for essential commodities act and ndps act cases, madurai. !for appellants : mr.a.velan for m/s.ajmal associates ^for respondent : mr.p.kandasamy government advocate (crl.side) :judgment this criminal appeal arises out the prosecution .....Tag this Judgment!
Court : Mumbai
Reported in : (1977)6CTR(Bom)424; 41STC184(Bom)
..... consider a similar question under the mysore sugarcane (regulation and supply) order, 1963, and the mysore sugarcane (regulation and supply) (munirabad) order, 1965. sugarcane was declared to be an essential commodity under the essential commodities act, 1955. under the said orders a minimum price of sugarcane was fixed, areas where sugarcane was grown were reserved to the factories of the appellants, and the annual quantity of ..... is popularly known as the 'red book' by reason of the provisions of the non-ferrous metals control order, 1958, made by the central government under s. 3 of the essential commodities act, 1955. under the said order copper unwrought in the form of ingots, blooms, clabs, cakes, tiles, bricks, blocks, billets, cathodes, blister bars, electrolytic wire bars and ingot bars is non-ferrous ..... . what the non-ferrous metals control order, therefore, envisages is a contract between two parties in respect of a commodity declared to be an essential commodity under the essential commodities act, 1955, subject to the regulatory provisions necessitated by the requirements of the supply and distribution of an essential commodity. in a modern state where economic factors have to be taken into account in view of the complexities of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1977SC2041; (1977)4SCC130; 1977(9)LC431(SC)
..... filed by the petitioners in this court challenging the validity of the levy sugar supply control order, 1972 made under section 3 of the essential commodities act, 1955 fixing the price of levy sugar in different zones in the country, on the principal ground that the price so fixed was not in ..... accordance with the principles laid down in section 3, sub-section (3c) of the essential commodities act, 1955. when the writ petitions were admitted, an application was made by the petitioners in each writ petition for stay of the operation of the ..... price' means the price of the relevant grade of levy sugar, determined from time to time under sub-section (3c) of section 3 of the essential commodities act, 1955, or under the defence and internal security of india rules, 1971, in relation to any year of production; (b) 'excess realisation', in relation ..... amounts representing all excess realisations made by the producers, irrespective of whether such excess realisations were made before or after the commencement of the act. sub-section (3) of section 3 is material and since considerable reliance was placed upon it on behalf of the respondents it would ..... as otherwise provided in sub-section (4), every producer shall,(a)in the case of an excess realisation made before the commencement of this act, within thirty days from such commencement,(b)in the case of an excess realisation made after such commencement, within thirty days from the date .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC710; 1982CriLJ340; 1981(4)SCALE1904; (1982)1SCC271; 2SCR272
..... , supply or distribution of, or trade and commerce in, any commodity essential to the community. clause (b) of the explanation to section 3 of the act of 1980 relates to dealing in any commodity which is an essential commodity as defined in the essential commodities act, 1955, or with respect to which provisions have been made in any such other law as ..... is referred to in clause (a). we find it quite difficult to understand as to which are the remaining commodities outside the scope of the act of 1980, in respect of ..... which it can be said that the maintenance of their supplies is essential ..... 1980 clauses (a) and (b) of the explanation to section 3 of the act of 1980 exhaust almost the entire range of essential commodities. clause (a) relates to committing or instigating any person to commit any offence punishable under the essential commodities act, 10 of 1955, or under any other law for the time being in force relating to the control of the production .....Tag this Judgment!