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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Page 6 of about 11,444 results (0.089 seconds)

Jul 23 1999 (HC)

Mishra Brothers and Another Vs. State of U. P. and Another

Court : Allahabad

Reported in : 1999(4)AWC2775

..... framedthereunder and a contrary direction could not be legally issued by the state government. on the other hand, respondents claim that they have authority under the provisions of the essential commodities act, 1955, and the impugned orders and clause 3b inserted in the control order do not suffer from any legal infirmity or want of authority on the part of the state government ..... petroleum rules, 1976, the state government had no authority in law to enact and insert clause 3 in the control order in exercise of delegated power under section 5 of essential commodities act. 1955. petitioner's claim is that the impugned government orders and the impugned clause 3b are unconstitutional, ultra vires, void and illegal. the petitioners have further pleaded that construction of ..... 1999 are legal and valid. amendment in control order has been made in exercise of the power delegated to the state government under section 5 of the essential commodities act. 1955 (hereinafter referred to as the act), and clause 3b does not suffer from any illegality or want of authority on the part of state government. it has been stated that the petitioners have ..... .o. 681 (e) dated 30th november, 1974,--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 section 3 of the said act to make orders to provide for the matters specified in clauses(d), (e), (f), (g), (h) (i), .....

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Dec 05 2001 (HC)

Usha Sinha Vs. State of Orissa

Court : Orissa

Reported in : 93(2002)CLT278; 2002(I)OLR262

..... brought to our notice that a learned single judge of this court in sadhu charan meher v. state of orissa, 2001(21) ocr 353 has held that offences under the essential commodities act, 1955 are bailable. as the aforesaid view was doubted, we have examined the entire matter and would deal with the same hereinafter.2. a. clarification of the judgment dated 14.8 ..... an application made under section 482, cr.p.c. by which cognizance taken by the special judge, bolangir under sections 7, 8, 9 and 10 of the essential commodities act, 1955 (hereinafter referred to as the principal act) was challenged by the petitioner usha sinha on the ground that he (special judge) had no jurisdiction. after hearing both sides, by judgment dated 14.8.2001 ..... the prosecution and direct transfer of all such casespending before the special courts to such courts having jurisdiction to try offences under the principal act to deal with them according to law.b. whether offences under the essential commodities act. 1955 are bailable.8. as stated in the introductory part of this order, in sadhu charan meher (supra) a learned single judge of this court ..... has held that the offences under the aforesaid act are bailable basing on a decision of the madhya pradesh high court in dinesh kumar dubey v .....

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Aug 22 1983 (SC)

Welcom Hotel and ors. Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1983SC1015; 1983(2)SCALE131; (1983)4SCC575; [1983]3SCR674

..... andhra pradesh raised a hue and cry when the government of andhra pradesh the first respondent enacted and proclaimed in exercise of the powers conferred by section 3 of the essential commodities act, 1955(1955 act for short) read with the notification of the ministry of agriculture and irrigation dated june 9, 1978, the andhra pradesh catering establishments (fixation and display of prices of foodstuffs) order ..... government is not competent to issue any price control measure in respect of cooked food because the essential commodities act, 1955 which confers power to issue orders in respect of essential commodities does not confer any power to issue any order in respect of cooked food. section 3 of essential commodities act, 1955 confers power on the central government by an order to provide for regulating or prohibiting the production ..... the expression 'foodstuffs' has been used in a wider sense in 1946 act. it may be recalled that the essential commodities act, 1955 was enacted for the control of the production, supply and distribution of and trade and commerce in essential commodities. it has the same object as the 1946 act and therefore, the expression 'foodstuffs' in 1955 act must receive the same construction. if that be so, the expression .....

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Feb 06 2009 (SC)

Collector of Ganjam and anr. Vs. Ramesh Chander Padhi

Court : Supreme Court of India

Reported in : 2009AIRSCW1469; AIR2009SC1850; JT2009(3)SC511; 2009(II)OLR(SC)143; 2009(2)SCALE267; 2009(2)LC614(SC); 2009(2)LHSC1241

..... -alia observed as follows:4. the short question involved in these appeals is -- whether fine in lieu of confiscation contemplated under the second proviso to section 6a(1) of the essential commodities act, 1955 (hereinafter referred to as 'the act') provides for levy of fine on the basis of market value of the confiscated vehicle or on the basis of the market price of the ..... court setting aside part of the order imposing fine in lieu of confiscation and directing the collector, ganjam to pass orders under second proviso to section 6a(1) of the essential commodities act, 1955 (in short the 'act'). the writ petition was filed against the order dated 29.5.2006 of collector, ganjam in a proceeding under section 6a of the ..... essential commodity sought to be carried by such vehicle. section 6a of the act is as under:6-a confiscation of essential commodity.--(1) where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report of such seizure ..... carried by such animal, vehicle, vessel or other conveyance.(emphasis supplied)5. at the outset it is to be stated that the object of the act is to deter a person from illegally dealing in an essential commodity and consequently, impose a deterrent penalty against a person dealing in them illegally. while doing so, the law takes care to prevent the owner of .....

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Jan 28 1997 (SC)

Food Corporation of India, Etc. Etc. Vs. State of Kerala

Court : Supreme Court of India

Reported in : AIR1997SC1252; JT1997(2)SC243; 1997(1)SCALE720; (1997)3SCC410; [1997]1SCR24; [1997]105STC4(SC)

..... (hereinafter called 'the fci') is liable to pay sales/ purchase tax to the states while purchasing foodgrains or in distributing fertilizers pursuant to orders issued under section 3 of the essential commodities act, 1955?3. there is a difference of opinion among the high courts on this question. a division bench of the allahabad high court (lucknow bench) has taken the view that the ..... ii reads as follows:explanation ii:for the purpose of this sub-section, in relation -to purchases of foodgrains in pursuance of any orders made under section 3 of the essential commodities act, 1955 including any purchase in excess of the levy share, the purchase first made by a dealer from the state government or its purchasing agent shall be the first purchase of ..... of list ii of 7th schedule to the constitution of india. consequently, the levy procurement is not at all taxable under the u.p. sales tax act. after referring to relevant provisions in the essential commodities act, 1955 and the levy control orders, it was pointed out that the persons holding stocks of foodgrains are required compulsorily by force of the statutory orders to part ..... in the cement and in the other property in the paddy and rice was transferred for case consideration by the appellants. when the essential goods are in short supply, various types of orders are issued under the essential commodities act, 1955 with a view to making the goods available to the consumer at a fair price. such orders sometimes provide that a person in .....

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Feb 27 1990 (SC)

Vijay Kumar Sharma and Others Vs. State of Karnataka and Others

Court : Supreme Court of India

Reported in : AIR1990SC2072; JT1990(2)SC448; 1990(1)SCALE342; (1990)2SCC562; [1990]1SCR614

..... under section 18(g) being issued by the central government would not be enough. the existence of such an order would be the essential pre-requisite before any repugnancy could ever arise.12. as far as the essential commodities act, 1955 was concerned, the court pointed out that the parliament was well within its powers in legislating in regard to sugar cane, and the ..... and two notifications issued by the state government under it on september 27, 1954 and november 9, 1955 on the one hand, and industries (development & regulation) act 1951 and the essential commodities act 1955 and the sugar cane control order 1955 issued under it on the other. the court has stated there that no question of repugnancy under article 254 of the constitution can arise where ..... central government was also well within its powers in issuing the sugar cane control order, 1955 because all that was in exercise of the concurrent powers of ..... provisions of article 254(2) of the constitution did not come into play. the court then considered whether the repealing section 16 of the essential commodities act and clause 7 of the sugar cane control order 1955 had repealed the state act to the extent mentioned therein. section 16(1)(b) provides as follows:16(1) the following laws are hereby repealed-(a) x .....

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Nov 25 1997 (SC)

Bejgam Veeranna Venkata Narasimloo and ors. Vs. State of A.P. and ors.

Court : Supreme Court of India

Reported in : AIR1998SC542; JT1997(9)SC274; 1997(7)SCALE146; (1998)1SCC563; 1998(1)LC192(SC)

..... andhra pradesh government, issued a gazette notification to the following effect:'in exercise of the powers conferred by clause (c) of sub-section (2) of section 3 of the essential commodities act, 1955 (central act 10 of 1955) read with the order of the government of india, ministry of agriculture (department of food), new delhi in gsr no. 316(e) dated the 20-6-1972 and ..... imposed as if the said order has not been rescinded.* * *11. in exercise of the powers conferred by clause (c) of sub-section (2) of section 3 of essential commodities act, 1955 (central act 10 of 1955) read with the order of the government of india, ministry of agriculture (department of food), new delhi gsr no. 316 (e), dated 20-6-1972 and of all other ..... of andhra pradesh on 8-10-1975, which is as under:'notificationin exercise of the power conferred by clause (c) of sub-section (2) of section 3 of the essential commodities act, 1955 (general act 10 of 1955) read with the order of the government of india, ministry of agriculture (department of food), new delhi, gsr no. 316 (e) dated the 20-6-1972 and all ..... sen, j.1. section 3 of the essential commodities act, 1955 confers upon the central government power, inter alia, to regulate production, supply and distribution of essential commodities for securing their equitable distribution and availability at fair prices. the power given to the central government by sub-section (1) of section 3 is in very broad terms. subsection ( .....

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Mar 31 2008 (SC)

Mahalakshmi Sugar Mills Co. Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Reported in : 2008AIRSCW8078; AIR2009SC792; JT2008(6)SC177; 2008(6)SCALE275; 2008(1)LC611(SC)

..... price of levy sugar in regard has been had only to the minimum cane price as spoken to in section 3(3c)(a) of the essential commodities act, 1955 and the additional cane price payable under clause 5-a of the sugar (control) order, 1966, has not been taken into account, ..... consideration by the central government for determining the price of levy sugar in exercise of its power under section 3(3c) of the essential commodities act, 1955 (the act) is the question involved herein.3. before us, there are various owners of sugar mills who purchased sugarcane from the farmers. 4. ..... having regard to the fact that fixation of price is a legislative function.43. the parliament enacted the essential commodities act, 1955 to provide in the interest of general public, the control of production, supply and distribution of, and trade and commerce, in certain ..... to determine the price, it was also necessary to take into consideration the manufacturing cost and reasonable return on the capital employed. the essential commodities act does not contemplate that manufacturers of sugar must continue their activities although the units were running at a loss. purported object for which clause ..... purported policy of the state of uttar pradesh which had been prevailing from 1973 was ultra vires, the legislative field being covered under the essential commodities act. the up cooperative cane union federations came up before this court questioning the correctness of the said judgment. the matter was referred to a .....

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Dec 01 2006 (SC)

Ashoka Smokeless Coal Ind. P. Ltd. and ors. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91

..... than once in a period of one year. the court while considering such a question cannot also lose sight of the fact that apart from the essential commodities act, 1955, the entire control and regulation of coal has been taken over by the central government in terms of entry 54 of list i as also entry ..... price of coal were controlled and regulated under the colliery control order, 1945 (1945 order) framed under the said rules. the said order was continued under the essential commodities act, 1955. under the colliery control order, the coal controller was even authorised to allot quotas of coal to the central government as well as the state governments; although ..... imperative in the economic and industrial development of the country.control over coal:4. coal indisputably is an essential commodity. its importance is widely accepted. the essential commodities act, 1955 was enacted inter alia for securing equitable distribution and availability of essential commodities at fair price. coal despite partial deregulation having regard to colliery control order, 2000 (2000 order) is ..... still a regulated commodity. 1945 order made provisions for regulating production, supply and distribution of coal. it dealt with class of .....

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Jan 10 1972 (HC)

The Saraswati Industrial Syndicate Ltd. Vs. Union of India

Court : Delhi

Reported in : AIR1972Delhi159

..... on the free sugar by the sugar producers inasmuch as the scheme of partial control comprises both the levy sugar as well as the free sugar under the same act, namely, the essential commodities act, 1955.34. it was argued for the petitioners that the gains made by them on the sale of free sugar should not be taken into account merely because free ..... welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform the institutions of national life. 9. the objects of the essential commodities act, 1955, according to its preamble, is to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce in, ..... interest of the general public on the exercise of these rights. sugar is a necessary article of consumption and is an essential commodity. parliament has, thereforee empowered the central government under sub-section (1) of section 3 of the essential commodities act, 1955 (hereinafter called the act) to promulgate orders to provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce' ..... at a loss. but the rest of the sugar production was allowed to be sold at a price fixed by an order issued under the essential commodities act, 1955, which would compensate the loss incurred in the export. even though the two statutes were separate, their lordships considered the scheme of the statutes as a whole and arrived .....

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