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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Page 8 of about 11,457 results (0.150 seconds)

Aug 29 2008 (HC)

A. Siva Reddy S/O A. Chinna Nagi Reddy and ors. Vs. the District Colle ...

Court : Andhra Pradesh

Reported in : 2008(6)ALD1; 2008(6)ALT145

..... conclusion arrived at by the collector that 'and thereby the unknown traders and benami farmers have violated the a.p. pulses (l.s. & r) order, 2007 and hence violated the essential commodities act, 1955' is bad. such a conclusion could have been drawn only after giving hearing to the persons whose names had been found in the record of the warehouseman at the time ..... found that by storing red gram in such a manner, the provisions of the andhra pradesh pulses (licensing, storage & regulation) order, 2007 and the provisions of the essential commodities act, 1955 (hereinafter referred to as 'the act') had been violated. the collector directed by virtue of the impugned order that the red gram which had been seized should be taken possession of and should be ..... it is otherwise expedient in the public interest so to do, he may(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this act or under any other law for the time being in force; or(ii) where no such price is fixed, order the same to be sold by public auction.provided ..... the collector had not complied with the conditions incorporated in section 6-a(2) of the act.8. it has been submitted by him that as per the provisions of section 6-a(2) of the act, the seized essential commodity can be sold only if the essential commodity seized is subject to speedy and natural decay or it is otherwise expedient in the public interest .....

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Apr 03 1972 (HC)

The State of Uttar Pradesh and ors. Vs. Suraj Bhan Pande

Court : Allahabad

Reported in : AIR1972All401

..... -section (1) of section 3 of the said act to make orders to provide for the matters specified in clauses (a), (b), (c), (d ..... the following facts :--under sub-section (1) of section 3 of the essential commodities act, 1955 hereinafter referred to as the act), 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 ..... also by such state government as may be specified in the direction. the central government acted under section 5(b) and on november 15, 1958, issued the following notification :--'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) an order made thereunder may provide:(a) .....; (b) .....; (c) .....; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption, of any essential commodity; (e) .....; (f) .....; (g) .....; (h) .....; (i) .....; (ii) .....; (i) .....; under clause (b) of section 5, the central government may, by notified order, direct that the .....

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Feb 27 1984 (HC)

State of U.P. Vs. Sia Ram

Court : Allahabad

Reported in : AIR1984All286

..... of confiscation of the aforesaid goods under section 6a of essential commodities act, 1955. so i find this contention weighty. the state legislature made this act empowering any assistant collector of the first class to exercise the powers of collector under the essential commodities act, 1955. such delegation of powers with respect to an essential commodity is valid as the essential commodities act is an act made under entry 33 of list 3 of schedule ..... heard learned counsel for the parties and carefully perused the impugned orders and the aforesaid ground.6. learned a. g. a. invited my attention to section 2(aa) of essential commodities act, 1955 introduced by act 36 of 1967 which reads as below: --'(aa) 'collector' includes such officer not, below the rank of an assistant collector of the first class as may be authorized by ..... vii of the constitution. thus, it is a law within the meaning of the said delegation act. so the state government had powers under the delegation .....

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Feb 05 1982 (SC)

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

Court : Supreme Court of India

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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Jul 25 1969 (SC)

A.K. JaIn and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1970SC267; 1970(0)BLJR179; 1970CriLJ367; (1969)2SCC340; [1970]1SCR673

..... investigation which is being carried on against the appellants under sub-rule (3) of rule 3 of sugarcane (control) order, 1955 (to be hereinafter referred to as the order) read with section 7 of the essential commodities act, 1955 (to be hereinafter referred to as the act) is in accordance with law.2. the appellants are office bearers of m/s. s.k.g. sugar, ltd ..... . (lauriya). a complaint has been registered against them under sub-rule (3) of rule 3 of the order read with section 7 of the act on the ground that they ..... as well as sugarcane. this act was enacted by parliament in exercise of the concurrent legislative power under entry 33 of list iii as amended by ..... of sugarcane can be regulated under section 3 of the act came up for the consideration of this court in ch. tika ramji and ors. etc. v. the state of u.p. and ors. [1956] s.c.r. 432 of the report it is observed :act x of 1955 included within the definition of essential commodity foodstuffs which we have seen above would include sugar .....

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Oct 04 1978 (SC)

Atlas Cycle Industries Ltd. and ors. Vs. the State of Haryana

Court : Supreme Court of India

Reported in : AIR1979SC1149a; 1979CriLJ927a; (1979)2SCC196a; [1979]1SCR1070

..... special magistrate, ambala cantt. for an offence under section 120b of the indian penal code read with section 7 of the essential commodities act, 1955 (act no. 10 of 1955) (hereinafter referred to as 'the act') as also for an offence under section 7 of the act read with clause 15(3) of the control order. after the special magistrate had framed the charges and examined sixteen prosecution ..... anr. v. state of punjab a.i.r. 1958 pun 32 said that sub-section (6) of section 3 of the essential commodities act, 1955 was merely of a directory nature and its non-compliance did not render the punjab coal control order, 1955 invalid or void.29. metcalfe and ors. v. cox and ors. [1895] a.c. 328 where the commissioners (charged with the ..... period within which it must be placed before the parliament has not been specified. it is, therefore, not possible to hold that sub-section (6) of section 3 of the essential commodities act is mandatory. if the legislature intended that in order to provide an adequate safeguard it was necessary to make the said provision mandatory it could have done so in express ..... houses of parliament is not a condition precedent for bringing into force the order. all that sub-section (6) provides is that every order made under section 3 of the essential commodities act by the central government or by any officer or authority of the central government shall be laid before both the houses of parliament as soon as after it is made .....

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Feb 25 1977 (SC)

State of Maharashtra Vs. Hansraj Depar Parle Oil Center and ors.

Court : Supreme Court of India

Reported in : 1977CriLJ833; (1977)2SCC216; [1977]3SCR78

..... , section 7 provides for punishment for contravention of an order made under section 3.3. in exercise of the powers conferred by section 3 r/w section 5 of the essential commodities act. 1955 the govt. of maharashtra issued the maharashtra scheduled articles (display and marking of prices) order, 1966'. clause 3(a) of that order provide that every dealer shall, in respect of ..... the reasoning of the high court that a mere contravention of clause 3 without the contravention of clause 4 is not contravention within the meaning of section 7 of the essential commodities act, 1955 and cannot therefore be punished. as stated earlier, clause 3 (a) of the order of 1960 imposes an obligation on every dealer to display a list of prices of the ..... of articles specified in schedule i; if he fails to do that, he is guilty of contravention of clause 3 (a) which is punishable under section 7(1) of the essential commodities act, 1955. the additional obligation winch the denier has to discharge is to be ready and willing to sell the articles at the prices displayed; failure to do so is a different ..... which involves a punishment of as long a term as seven years and normally of not less than three months, as provided in section 7(1)(a)(ii) of the essential commodities act, 1955.10. the prosecution did not make any attempt to establish as to what is the true meaning and connotation of the expression 'vanaspati' and what kind of articles or goods .....

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Sep 22 1993 (SC)

Shri Malaprabha Co-op. Sugar Factory Ltd. Vs. Union of India and Anoth ...

Court : Supreme Court of India

Reported in : AIR1994SC1311; JT1993(3)SC561; 1993(3)SCALE927; (1994)1SCC648; [1993]Supp2SCR415

..... justified, it had be such as would take into account the change in law by reason of the introduction clause 5a in the sugarcane (control) order 1966 issued under the essential commodities act, 1955 and the statutory provision that the industry was entitled to retain 50 per cent of the excess realisation on sale of free sugar, 'which give them a reasonable margin for ..... to be taken into account.37. mr. altaf ahmed, learned additional solicitor general on behalf of the union of india after drawing the attention to the various provisions of the essential commodities act, 1955 submits that sub-section (3c) of section 3 is a link in a statutory chain consisting of sub-section 2(1), sub-section (1) of section 3 and the preamble ..... dealt with under a common judgment since what is under attack is the fixation of price of levy sugar under orders issued under section 3(3c) of the essential commodities act, 1955 (hereinafter referred to as the act).2. to highlight the points in issue we will refer to the facts of the case relating to the state of karnataka.3. c.a. nos. 122 ..... been considered at all.55. in order to appreciate these points we will first refer to the relevant provisions of the essential commodities act.56. the object and the intendment of the essential commodities act is to secure equitable distribution and availability of fair prices of essential commodities. in order to fulfil that object section 3 authorises the central government to pass orders which may provide for regulating .....

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Oct 24 1978 (SC)

Maharaja Book Depot Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR1979SC180; 1978CriLJ1859; (1979)0GLR99; (1979)1SCC295; [1979]2SCR138; 1979(11)LC196(SC)

..... of the exercise-books and (c) did not keep a register showing the stock of controlled and non-controlled exercise-books. a notice under section 6b of the essential commodities act, 1955 (hereinafter referred to as 'the act') was served by the collector, broach, calling upon the appellant to show cause why the seized stock of exercise-books should not be confiscated and after taking ..... order in regard to the question as to whether the entire seized stock of exercise-books of the appellant or part thereof should be confiscated under section 6a of the essential commodities act, 1955. the question raised in the appeal is whether exercise books are covered by the item 'paper' occurring in section 2(a)(vii) of that ..... question was whether motor tyres and motor tubes were covered by the item 'component parts and accessories of automobiles' occuring in item no. 1 in schedule i to the bihar essential commodities act-other than foodgrains-prices and stocks (display and control) order 1947 and this court undoubtedly took the view that though the said item i was widely worded it did not ..... trade and it is with this object that the item 'paper' has been enlisted as an essential commodity or essential article in the act and the regulation order. further, though section 2(a) of the act and clause 2(v) of the regulation order purport to define 'essential commodity' or 'essential article' that expression has no meaning of its own and in substance both under section 2(a .....

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Nov 09 2006 (HC)

Gangeshwar Limited and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 135(2006)DLT13

..... dated 28.3.1985 issued by the respondent no.1 union of india, in the ministry of food and civil supplies (department of food) under section 3(3c) of the essential commodities act, 1955 (ec act) by which the sugar (price determination for 1984-85 production) second amendment order, 1985 ('the impugned order') was made and brought into effect from 1.4.1985. 2. the ..... that while determining the minimum cane price of levy sugar 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, and that also there has been no mopping ..... simply referring to the affidavit(s) filed by the respondents in various matters confirming that the price has been determined strictly in accordance with the section 3(3c) of the essential commodities act, 1955.'16. it may be noticed that the learned senior counsel for the petitioner mahalakshmi sugar mills made a submission which is recorded in the order dated 18.12.2001 as ..... there has been no mopping up of excess realization. as such, the fixation of levy sugar price for 1984-85 sugar season is in accordance with the provisions of the essential commodities act, 1955.thus the respondents have made a specific averment that 'there has been no mopping up of excess realization' and further that 'the additional cane price payable under clause 5-a .....

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