Court : Supreme Court of India
Reported in : AIR1960SC47; 1960CriLJ150; 1SCR726
..... basudev prasad, cloth merchants of balia, from patna ghat without obtaining a permit from the textile controller, bihar. they were prosecuted under s. 7 of the essential commodities act, 1955 (x of 1955), hereinafter called the act, read with s. 3 of the cotton textiles (control of movement) order, 1948, hereinafter called the order, in the court of the munsif-magistrate, patna ..... made, licence or permit granted or direction issued under this ordinance. 6. this ordinance was published in the gazette of india on january 21, 1955, and came into force on january 26, 1955. the essential commodities act, 1955. s. 3(1) : if the central government is of opinion 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, it may, by order provide for regulating or prohibiting the ..... i) a general permit notified in the gazette of india by the textile commissioner; or (ii) a special transport permit issued by the textile commissioner. the essential commodities ordinance, 1955. preamble : 'whereas the essential supplies (temporary powers) act, 1946 (xxiv of 1946), which confers powers to control the production, supply and distribution of, and trade and commerce in, certain .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC386; 3SCR936
..... of state action in entrusting wholesale distribution of sugar which is an essential commodity under the essential commodities act, 1955, to co-operative societies only and excluding other dealers holding similar licenses like the co-operative societies from such distribution, was challenged and arose for consideration. it was held ..... the state government has resorted to an indirect method. instead of making an order authorising such monopoly (if the state was competent to make such an order under the essential commodities act, 1955, as to which we express no opinion), it has chosen to adopt the indirect method of issuing instructions to the licensing authorities in all the districts to grant ..... for the petitioner that sub-clause (e) of clause 5 of the control order, 1961, can have no relation whatsoever to the two objects mentioned in section 3 of the essential commodities act, 1955. on behalf of the petitioner reliance was placed on the decision in ramanlal nagardas v. m. s. palnitkar : air1961guj38 . that was a case in which the validity ..... (e) of clause 5 of the control order, 1961, is within the authority and power granted to the state government under section 3 read with section 5 of the essential commodities act, 1955. secondly, it is contended that no monopoly has been granted to the assam co-operative apex marketing society ltd., and the order of the licensing authority dated april 11 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; Supp1SCR146
..... edible oilseeds and edible oils (storage control) order, 1977, the vegetable oil product producers (regulation of refined oil manufacture) order, 1973, all framed under section 3 of the essential commodities act, 1955, also cannot be of any avail of the appellant industries for the simple reason that none of these orders deals with the topic of regulation of prices and sale and ..... maida, suzi, bran etc. would remain outside the domain of the state legislature.114. shri ranjit kumar then placed reliance on the statutory orders framed under section 3 of the essential commodities act, 1955. so far as the wheat rolling flour mills (licensing and control) order, 1957 is concerned, reliance was placed by him on clauses 2 and 10 of the definition clause ..... of 1980 in so far it provides for regulation of marketing of sugarcane is unconstitutional as its marketing is regulated by the provisions of the central act, viz., the essential commodities act, 1955, and the sugarcane (control) order made thereunder? while answering point no. 3 in affirmative, the learned judge at para 39 of the report, made the following pertinent ..... therefore, now proceed to consider this submission.47. sugarcane (control) order, 1966 is issued by the central government in exercise of powers conferred by section 3 of the essential commodities act, 1955. clause 2 sub-clause (c) defines factory and reads as under:'factory' means any premises including the precincts thereto in any part of which sugar is manufactured by .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2007CriLJ1678; JT2007(3)SC466; 2007(3)SCALE49; (2007)4SCC171
..... march, 2005, bombay high court allowed the writ petitions filed by lalit nagpal and anil nagpal upon holding that having regard to the provisions of the essential commodities act, 1955 and the essential commodities (special provisions) act, 1981, the provisions of mcoca would have no application to the cases against the petitioners. the state of maharashtra has filed s.l.p.(crl.) nos ..... special leave petitions filed by the state of maharashtra relates to the applicability of mcoca to offences under the essential commodities act, 1955, having particular regard to the enactment of the essential commodities (special provisions) act, 1981.36. as noticed hereinbefore, the essential commodities (special provisions) act, 1981 came into force on 1stseptember, 1982 and was to remain in force for a period of 15 years ..... alleged to have been committed by lalit nagpal and others in connection with cr 39 of 2004 under sections 3 and 7 of the essential commodities act, 1955 and section 3 of the petroleum storage and distribution act, 2000 and in respect of cr no. ii-b of 2005 of rasayani p.s., raigad.9. mr. lalit drew our attention ..... , a case was registered at karveer police station, kolhapur, being c.r. no. 39/2004, under sections 3 and 7 of the essential commodities act, 1955 and under section 3 of the petroleum storage and distribution act, 2000 against 11 accused persons. out of the 11 accused persons 10 were arrested and produced before the chief judicial magistrate, kolhapur, and remanded .....Tag this Judgment!
Court : Delhi
Reported in : 1985CriLJ1230; ILR1984Delhi588
..... in glass beetles and sealed. 80 bags of khandsari and khandsari sulphur were placed under the safe custody of a 'superdar'. proceedings were initiated under the essential commodities act, 1955 (hereinafter referred to as 'e.c. act') read with delhi sugar dealers licensing older, 1963 (hereinafter referred to as the order) issued in exercise of the powers conferred under section 3 of the ..... chadha, j.(1) this petition under article 227 of the constitution of india raises an interesting question as to the scope, effect and purpose of the essential commodities act, 1955 and the delhi agricultural produce marketing (regulation) act, 1976.(2) m/s. munshi ram ram niwas through its sole proprietor shri ram niwas, respondent no. 1 was carrying on his business in the ..... other law. in view of the language of the two laws and their object and purpose, the act cannot over ride the e.c. act. the special and specific purpose of the e.c. act for the maintenance of the supplies of essential commodities to the community would be wholly frustrated if the licenses under the marketing legislation were to prevail over ..... the words 'foodgrains, edible oil-seeds and edible oils', in both places where they occurred, the words 'essential commodities seized' and certain other consequential amendments that the collector may order confiscation of the essential commodities so seized were substituted by e.c. (second amendment) act 26 of 1967. some amendments were made in the year 1974 and 1976. section 6-a(1) at .....Tag this Judgment!
Court : Kerala
Reported in : AIR1977Ker88
..... notification section order 2615, dated 22nd july, 1968 issued by the central government in purported exercise of the powers under section 2(a)(xi) of the essential commodities act, 1955, declaring coconut husk as an essential commodity, and the coir retting (licensing) order 1968, and all notifications issued thereunder and other proceedings taken pursuant thereto, are without jurisdiction and illegal. this appeal ..... has been preferred by the state of kerala against the decision in order p. no. 336 of 1970. 12. the essential commodities act, 1955 (referred to as the 1955 act) has been passed by parliament under entry 33 of list iii of the seventh schedule of the constitution of india. it is entitled; 'an ..... with his reasoning on the main question in the case. 2. the central government has, by notification under section 2(a)(xi) of the essential commodities act of 1955, declaredcoconut husk, raw and retted, as an essential commodity. the said notification was declared to be beyond the powers of the central government by a single judge, and the correctness of that decision ..... passed, was repugnant to the provisions of the central legislation and the control orders, viz., the essential commodities act iv of 1955, and the industries development and regulation act 65 of 1951, and the sugar control order and sugar-cane control order, both of 1955. in discussing the questions, the supreme court referred to entry 52 of list i, entries 24 .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1961Guj38; (1961)2GLR38
..... district and sell the same to retail sugar dealers in the mehsana district. the said business has been the main source of income of the petitioners. 3. an act called the 'essential commodities act, 1955' was passed by the parliament to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade ..... bhagwati, j.1. this petition raises an interesting question regarding the validity of state action in entrusting wholesale distribution of sugar which is an essential commodity under the essential commodities act, 1955, only to co-operative societies and excluding other dealers holding licences like the co-operative societies from such distribution. this action of the state has been ..... and commerce in, certain commodities which were considered essential commodities. the said act came into force on 1-4-1955. in exercise of the powers conferred on it by section 3 of the said act, ..... the central government made an order called 'the sugar (control) order, 1955' and the said order was notified in the official gazette .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)3GLR2331; (2003)4GLR950
..... specific reference in the 'kerosene (restriction on use and fixation of ceiling price) order, 1993 issued by the central government in exercise of its powers under sec. 3 of the essential commodities act, 1955, is thus a well-known concept. the amendment in part ii of schedule i of the licensing order, 1981 by the amendment order dated 22-2-1994, by which 'kerosene ..... either from domestic production or by imports and it is sold at subsidised prices.14.1 the central government, in exercise of its powers under sec. 3(1) of the essential commodities act, 1955, made public distribution system (control) order, 2001 on 31st august, 2001, after forming an opinion that it was necessary and expedient so to do for maintaining supplies and securing availability ..... the decision of the learned single judge in the petitions which have been rejected and opposing it in the petitions which have been allowed, contended that the provisions of the essential commodities act, 1955 were placed at item 126 in the ninth schedule read with art. 31b of the constitution of india and this fact should be kept in mind while dealing with any ..... a decision which is not in a larger public interest. such a decision wasnot ultra vires the object of the licensing order of 1981 or against any provisions of the essential commodities act, 1955. the learned judge held that the state had made the law by way of subordinate legislation for a laudable purpose with a view to ensure that consumer gets better supply .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1989Bom53; 1988(4)BomCR303; (1988)90BOMLR485
..... the sugarcane (control) order of 1966 issued by the central government under section 3 of the essential commodities act , 1955 (hereinafter referred to as the central order).the relevant provisions of the essential commodities act , 1955 (hereinafter referred to as the act ) may briefly be summarised as follows;the act has been placed on the statute book for the control of the production, supply and distribution ..... of, and trade and commerce in, certain commodities in the interests of the general public. the commodities of which the production, supply, distribution, ..... the maximum price of the sugarcane., the central government has not taken it under government to fix the prices of the central commodities to fix the prices of the essential commodities is contained is s,3 of the act . under sub-section (1) of the said section, if the central government is of opinion that it is necessary or ..... wanting where one factory sells its surplus sugarcane to another factory or factories.30. indeed the object the section 3 of the act and of the state order is to ensure equitable distribution of the essential commodities, in the public interest. the preamble of the state order in terms states that-'whereas the government of maharashtra had in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1985AP268
..... g.s.r.800 dt. 9-6-1978 conferred powers on the state government by way of delegation to make orders under s. 3 of the essential commodities act, 1955. we see from g.s.r.800 dt. 9-6-1978, the central government directed that the powers conferred on it by sub-sec. ..... establishments with immediate effect and that any violations of the directions will entail action against the owners of catering establishments under the provisions of the essential commodities act. 1955. they further questioned the fixation of 12 apis for extra plate for cetni in g.o.ms.no.51 dt 8-2-1984 on ..... &a;) dated 16-2-1984 is beyond the powers delegated to the state government by the central government as per s. 3(2) of the essential commodities act, 1955? 5. points nos 1 and 2 the petitioners attack cl.6 of the a.p.catering establishments (fixation of foodstuffs)order, 1978 as unconstitutional. therefore ..... the constitution and arbitrary.further the government issued the impugned order without jurisdiction and the same is ultra vires of s. 3(2) of the essential commodities act, 1955. the state government has no authorisation to issue the said notification from the central governemnt. the impugned order is also violative of art 21 ..... ultra vires of arts. 14,16,19(1)(c) and (g) and art. 21 of constitution of india; and s. 3(2) of the essential commodities act, 1955 and direct the respondents not to implement and not to take any proceedings or make any prosecutions in pursuance of the said orders. the respondents in all .....Tag this Judgment!