Court : Andhra Pradesh
Decided on : Dec-24-1982
Reported in : AIR1983AP206
..... feed sale order was made by the government of andhra pradesh with the prior concurrence of the central government in exercise of the powers conferred by s. 3 of the essential commodities act, 1955 read with the government of india, ministry of industry and civil supplies (department of civil supplies and co-operation) orders no. g.s. r. 681 (e) and no. g.s ..... . manufacturing cost and reasonable return on the capital employed in the business was founded on the construction that sub-secs. (3) (3a) (3b), and (3c) of sec. 3 of the essential commodities act, 1955 constitute a single scheme and what is implicit in sub-section (3) is made explicit in sub-section (3c)'.the power to fix controlled price is in sec. 3 (2 ..... ) (c) read with sec 3 (1) and not in sec. 3 (3) of the 1955 act. in sub-sec. (2) (c) of sec. 3 it is stated that the order may provide for controlling the price at which any essential commodity may be bought or sold. the dominant words in sec. 3 (1) are that if the government is of ..... sum up our conclusions:(1) the andhra pradesh live stock feed (levy) and restriction on sale order, 1981 is not ultra vires the powers conferred by s. 3 of the essential commodities act: (2) the solvent extracted rice bran, solvent extracted groundnut oil cake, colvent extracted cotton-seed oil cake which are used in the preparation of dairy and poultry feed are .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-23-1982
Reported in : AIR1983Cal307,87CWN450
..... propriety and legality of five orders of the central government, all dated oct. 4. 1979 under the aluminium control order, 1970 passed under section 3 ef the essential commodities act, 1955. the legality and constitutional validity of the provisions of clauses 4a and 4b of the aluminium control order were also challenged in the writ application.2. at all ..... the growth, development and maintenance of the economy. the central government by virtue of its power under clause (xi) of section 2 of the essential commodities act, 1955 declared aluminium to be an essential commodity by a notification dated june 29, 1957.5. the demand for aluminium has been rising because of massive investment in generation, transmission and distribution of ..... relating to the fixation of the_price of an essentialcommodity. the price control order is to achieve the objectives of section 3 of the essential commodities act, namely, for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices. the court will consider whether such objectives have been achieved by the ..... sale price including the retention price belongs to the producer concerned, namely, hindalco. in elaboration of this contention, the learned counsel submits that section 3 of the essential commodities act contemplates the fixation of one price, that is, the sale price which the seller is legally entitled, without any statutory interference to retain the entirety of the .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-23-1982
Reported in : 1983CriLJ1268; (1983)1GLR594
..... mill company they cannot be held liable for the alleged offence of the contravention of the aforesaid control order. mr. thakore has pointed out that under section 10 of the essential commodities act, 1955 the prosecution must prove that the contravention was committed by a person who is in charge of and was responsible to the company for the conduct of business of the ..... the quarter 1-1-77 to 31-3-77 and thus contravened the provisions of rule 21-a of the cotton textile control order 1948 and under the provisions of essential commodities act, 1955.3. the prosecution case was that at the relevant time the accused no. 1 was the managing director and accused no. 2 was the president of the mill-company which ..... learned magistrate was not justified in acquitting the said two accused.6. before the criminal liability can be fastened on an accused person it is essential for the prosecution to prove that the accused has committed the act alleged. in the very nature of things the offence alleged here is of a nature where the accused nos. 1 and 2 would be ..... vicariously liable for the alleged offence. in the circumstances it is essential for the prosecution to prove that the accused were, in fact, holding the positions of .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-17-1982
Reported in : AIR1983Bom219; 1983(1)BomCR411
..... facts and circumstance of the case. the facts set out hereinafter would make it clear that the relief sought by the petitioner was totally misconceived.2. the essential commodities act, 1955 was passed by the central government for the control of the production, supply and distribution of, and trade and commerce in, certain ..... this position state that the licensing authority would not insist on compliance with this condition. the other condition set out in this letter are:(1) affidavit regarding non-conviction under essential commodities act,. (2) original bank certificate indicating financial soundness and bank balance. (3) latest rent receipt of the office and godown premises, and (4) the copy of the income ..... the principle contention urged in support of the reliefs sought in the petitioner. the submission cannot be entertained. s. 3(2)(d) of the essential commodities act, enable the government to regular by licences, the storage of any essential commodity. the expression 'stockiest' under section 2 (g) of the order defines 'stockiest' as a person who deals in cement involving the purchase, ..... confers power upon the central government to provided for regulating by licences, permits or otherwise the storage, transport, distribution. disposal, acquisition, use or consumption of any essential commodity. s. 5 of the act enable the central government to delegate its powers to any state government or officer or authority subordinate to the state government . in exercise of the powers, the .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-30-1982
Reported in : 1983CriLJ1511; 1982()WLN785
..... any offence'. but it is well settled rule of law that when a specific provision is made under the special act as we have section 7(1)(b) in the essential commodities act, 1955, that would prevail over the general provisions contained in the cr. p.c. they cannot be used to supplement ..... interpretation of the term 'property' in clause (b) of section 7(1) of the essential commodities act, 1955. the question was whether the utensils containing the food-stuffs by which the provisions of gujarat guest control order, 1955 were contravened could be confiscated under-the provisions of section 517(1) of cr. p.c ..... or add something to the provision in the special act. in the special act, the second part as we find in section 517.(1 ..... high court for setting aside the order of the magistrate under revision. in view of the special provision of the special enactments namely, the essential commodities act and the defence of india rules, his lordship was pleased to propound the principle that the legislature intended to give power of forfeiture by an ..... . his lordship was pleased to draw a distinction between the law relating to confiscation enumerated in section 517 (1) of cr. p.c. and section 7(1)(b) of the essential commodities act and .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-22-1982
Reported in : (1983)1GLR325
..... , a case for passing of a statutory order where it was clearly mentioned that that order was being made in exercise of the powers conferred by section 3 of the essential commodities act, 1955. now in this particular case when one looks at government resolution dated 5-7-1982 it is clear that it is not a statutory order which is issued in exercise ..... navalnathji yogi v. collector of bulsar and ors. reported on : air1981guj87 . it was a case where the order made in exercise of the powers conferred by section 3 of the essential commodities act, 1955 was challenged. it was found that the order itself recited that the government of india issued a particular notification and after obtaining prior concurrence of the central government, the government ..... of gujarat made that order. it was clear in that case that reference to section 3 of the essential commodities act and further reference to the notification which the government of india issued clearly imply that the state government had formed a requisite opinion within the meaning of section 3(1 ..... to whether that resolution is adopted or passed in exercise of the powers conferred on the government under section 80(1) or 80(2) of the gujarat co-operative societies act, 1961. secondly there are clear imputations and the imputations are that in order that the petitioners who did not belong to congress (i) may be reduced to minority, three appointments .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-15-1982
Reported in : (1983)1GLR433
..... (licensing, control and stock declaration) order, 1981, and that thereby he had committed an offence punishable under section 3 read with section 7 of essential commodities act, 1955, in view of the role played by him in the clandestine disposal of the cement in black market.8. before we proceed to consider the challenge formulated under ..... 2) of section 3 of the prevention of black marketing and maintenance of supplies of essential commodities act, 1980 (hereinafter referred to as 'the act') upon being satisfied that the detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. the order of detention, annexure 'a', is dated september 10 ..... exercise the power of detention upon being satisfied that it is necessary to detain the person concerned, 'with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community'. it is settled law that the exercise of such power is dependent on the subjective satisfaction of the detaining authority and ..... , inter alia, on the basis of the alleged activities carried on by the petitioner since long time past with a view to prejudicially affecting the maintenance of supplies of commodities essential to the community, more particularly, cement; such satisfaction is vitiated because:(a) the relevant portion of the grounds ex facie discloses non-application of mind on the part .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-15-1982
Reported in : ILR1986KAR1787
..... high court. the government is not only committed to the welfare of labour but also to the control of inflation and rise in consumer prices of essential commodities and the regulation of proper distribution of such commodities. there are various enactments on the statute book for these purposes. the cost of living index is a variable concept depending on the ability of the ..... the proviso is a safeguard against any arbitrary action by the government in revising the minimum wages and this was noted by the supreme court in bijay cotton mills case : (1955)illj129sc and in state of rajasthan case : (1976)illj1sc . for these reasons, neither the contentions of messrs m.c. narasimhan and k. subba rao nor the cases and authorities ..... as chairman had robbed the official members of their independent status. this view is also supported by the observation of the supreme court in state of a.p. case : (1955)illj129sc of its judgment, the supreme court, while crediting the government officials with the responsibility of taking a detached and impartial view, qualified that observation by stating :'it may be ..... litigation between the parties in those cases51. on the other hand, in bijay cotton mills ltd. v. state of ajmer : (1955)illj129sc , a constitution bench of the supreme court, while repelling the challenge made to the constitutional validity of the act, held :'as regards the procedure for the fixing of minimum wages, the 'appropriate government' has undoubtedly been given very large powers .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-13-1982
Reported in : 1982WLN687
..... 226 of the constitution of india challenging the rajasthan rice procurement (levy; order, 1981.2. the state of rajasthan in exercise of the powers conferred by section 3 of the essential commodities act, 1955 read with the government of india, ministry of agriculture (department of food) order published under gsr 360, dated june 9, 1978, and with the prior concurrence of the central ..... liability on them to pay the contractual price to their principles.9. the object of the essential commodities act, 1955 is to provide for the control of the production, supply and distribution of, and trade and commerce in, certain commodities essential for human being in the interest of the general public it essentially deals as one of the subjects 'control of production, supply and distribution of ..... hand they will be liable to pay the sale-price to the real owners of the stock according to the contract between them. there is no provision in the essential commodities act or in the levy order making the petitioners immune from extra liability to the real owners of the stock.7. it has also been contended that the levy order ..... merely commission agents i.e. artiyas.5. the petitioners have thus challenged the levy order as unconstitutional and contrary to the provisions of section 3 of the essential commodities act (hereinafter referred to as 'the act'), and also violative of article 14 of the constitution of india.6. it is contended by learned counsel for the petitioners that (he case of the petitioners .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-01-1982
Reported in : (1983)1GLR145
..... a licence of 'wholesaler' under the provisions of the gujarat pulses edible oil seeds and edible oil dealers licensing order, 1977 (the order is issued under the provisions of the essential commodities act, 1955). a search was carried out at his premises in the month of january 1981 and it was found that the stock of groundnut was in excess of prescribed limit. therefore ..... quantity of groundnut found in excess of the permissible prescribed limit? in this connection it may be pertinent to point out that the essential commodities act has been enacted in the year 1955 with the preamble which reads as under:an act to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce ..... the petitioner calling upon him to show cause for the excess stock and to show cause why the groundnut in question should not be confiscated under the provisions of the essential commodities act. it was mentioned in the notice that 228 bags of groundnut were not credited and that the entire stock found was to the extent of 57,488 kgs. of ..... would mean that indulgence in hoarding and in contravention of the provisions of the essential commodity act and the orders passed thereunder would prove to be profitable to the dealer. on the other hand, if this commodity is disposed of as per the provisions of section 6a(2) of the act, the essential commodity will immediately enter into the stream of supply. the situation of artificial shortage .....Tag this Judgment!