Court : Gujarat
Decided on : Nov-08-1960
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 : Kolkata
Decided on : Sep-13-1960
Reported in : AIR1962Cal410
..... police station, the learned chief presidency magistrate purported to take cognizance of the case under sections 7 and 10 of the essential commodities act 1955 (act x of 1955).2. this rule involves the question whether in view of the provisions of section 11 of the essential commodities act 1955, the learned chief presidency magistrate could on the basis of the said police report, take cognizance of the offences concerned ..... the court to take cognizance of offences under the essential commodities act, 1955.7. we have been referred to the case of a. p. misra v. the state, 1958 cr lj 1386 : (air 1938 cal 612), in which n. k. sen, j., ..... us to harmonise the two provisions respectively contained in clause (b) of sub-section (1) of section 190 and section 11 of the essential commodities act, 1955. we also take the view that the language of section 11 of the essential commodities act must be given effect to and that in that view of the matters a report by a police officer qua a public servant entitles ..... the report was regarded both by the police and by the learned chief presidency magistrate as a report under section 11 of the essential commodities act. indeed, the report by the police officer is entitled 'report under section 11 of the essential commodities act, 1955 and section 173 of the criminal procedure code'.6. now, there can be no doubt that a police officer is a public servant .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-01-1960
Reported in : AIR1960All650
..... but they purchase it from sugar-cane growers of the surrounding area.2. the central government has by virtue of its power under section 3 of the essential commodities act 1955, act x of 1955, promulgated the sugar (control) order, 1955. in this order, which hereinafter will be referred to as 'the central order', sugar is defined thus:'sugar means:-- (i) any form of sugar ..... 3 of the state order is beyond the power exercisable under clause 3 of the central order.6. the central order was promulgated under section 3 of the essential commodities act 1955 which conferred power on the central government, should it be of the opinion that it was necessary or expedient so to do for maintaining or increasing supplies of any ..... essential commodity or for securing its equitable distribution etc., to regulate by licencd or otherwise the production or manufacture of the commodity. sugar is undoubtedly an essential commodity.section 5 of the essential commodities act also authorises the central government by notified order to direct that the power to make ..... by providing licensing of power-crushers and bels in the manufacture of khandsari the state government has not regulated the manufacture of khandsari sugar but not unlikely of other commodities also which would satisfy the description of khandsari. there is no criterion in the state order to separate the provision so far it will relate to khandsari sugar from .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jul-13-1960
Reported in : 1961CriLJ674
..... and 15 (3) of the iron and' steel control order and notifications issued under it, in exercise of the powers conferred on the central government under section 3 of the essential commodities act, 1955. the learned sessions judge was probably influenced by a ruling of this high court which it has since been set aside by the supreme court. he has also not looked ..... into the implications of paragraph 5 of the said. order.2. iron and steel being essential commodities as defined in the essential commodities act! of 1955, the central government has promulgated the iron and steel control order, 1956. under para 4 of the order, iron and steel can be acquired on permits, subject ..... held in the judgment delivered on 16-12-1959 that the controller was legally competent to fix the price. the order in that case had been made under the essential supplies temporary powers act, 1946 but it is analogous to paragraph 15 of the iron and steel control order of 1956.any way it is clear now that para 15 of the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-26-1960
Reported in : AIR1961Cal258,65CWN1142
..... events which occurred in 1957. at that time, the iron and steel (control) order, 1956, promulgated in exercise of powers conferred by the central government by section 3 of the essential commodities act, 1955 was in operation. this order superseded the iron and steel (control of production and distribution) order, 1941 and the iron and steel (scrap control) order, 1943. before i proceed ..... without any permit. it was urged that sections 3 and 4 of the essential supplies (temporary powers) act, 1946 and the cloth control order, were ultra vires as contravening the fundamental rights of the petitioner to carry on business. this was negatived. in that case, the ..... the cotton textile (control of movement) order, 1948 passed by the state of madhya pradesh was considered. the petitioner there was prosecuted for contravention of section 7 of the essential supplies (temporary powers) act, 1946 read with clause 3 of the cotton textile (control of movement) order, 1948, having been found in possession of 'new cotton cloth' weighing over 6 mds. ..... uttar pradesh coal control order was also promulgated in exercise or the power conferred by section 3(2) of the essential supplies act, 1946 read with the notified order of the government of india issued under section 4 of the act empowering the state of uttar pradesh to promulgate such an order. the learned judge said as follows:'the more formidable objection .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-29-1960
Reported in : AIR1961Cal240,1961CriLJ488
..... moisture content exceeding order 25 per cent.13. on receipt of the chemical examiner's report the police submitted a chalan under section 7 of the essential commodities act on the 22nd of august 1955. on the same date the investigating police officer complained to the magistrate that investigation had disclosed the commission of other offences namely, offences under sections ..... vanaspati' mfg. co., ltd. before the magistrate. what happened was that during the pendency of investigation into the charge of offence under section 7 of the essential commodities act, the trade mark inspector acting on behalf of his employers, hindusthan vanaspati . addressed a note to the investigating police officer requesting action to be taken for infringement of trade mark rights. ..... 171a, harrison road was not in conformity with the specification and the appellant having manufactured or stored the stuff, contravened an order made under section 3 of the essential commodities act.22. it was attempted to be argued that in any event it was nearly impossible to fix the liability on the appellant for contravention of the vegetable oil ..... conform to the specifications prescribed in government notification no. s. r. o. 780 dated 21st october, 1950.17. in order that a charge under section 7 of the essential commodities act might be brought home, the prosecution adduced evidence to prove the appellant's connection with surendra vegetable stores, (after reviewing the evidence his lordship continued).18. from the .....Tag this Judgment!
Court : Orissa
Decided on : Aug-11-1960
Reported in : AIR1961Ori44; 26(1960)CLT549; 1961CriLJ299
..... orderr.l. narasimham, c.j.1. the petitioner has been convicted under section 7 of the essential commodities act read with clause 3 of the orissa food grains licensing and storage (regulation) order, 1958, for being in unlawful possession of 263 maunds and 20 seers of paddy and rice ..... produce of his own lands. in this state of the evidence, i must hold that the petitioner has discharged the burden cast on him by section 14 of the aforesaid act. the trial court should not have committed the serious mistake of overlooking the answers elicited by the petitioner from the prosecution witnesses in the course of their cross-examination and ..... take out a license for the same, and that they are also free to sell their own produce without any permit from the authorities. under section 14 of the aforesaid act the burden is undoubtedly heavy on the petitioner to explain that his possession of the rice and paddy was lawful.this burden can be discharged either by examining independent witnesses ..... anti smuggling guard attempted to stop the vehicle but the driver did not stop it. the driver was subsequently sent up for trial under section 113 of the motor vehicles act but was acquitted and it is unnecessary to consider whether his failure to stop the vehicle was intentional or not. on the next day the house of the petitioner was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-08-1960
Reported in : AIR1960SC1203; 1SCR128
..... 19(1)(f) of the constitution is equally futile in view of the decisions of this court in state of bombay v. bhanji munji and another : 1scr777 and lilavati bai v. state of bombay : 1scr721 . nothing was said with reference to the provisions of art. 14 of the constitution, ..... vii, as already indicated. see in this connection the state of bombay v. bhanji munji and another : 1scr777 . in that case the question was whether the bombay land acquisition act (bombay act xxxiii of 1948) was invalid inasmuch as the purpose for the requisition was not in express terms stated to be ..... in respect of companies. it has been recognised by this court in the case of the state of bombay v. bhanji munji and another : 1scr777 , that providing housing accommodation to the homeless is a public purpose. in an industrial concern employing a large number of workmen away from their ..... mala fide.8. in order to determine the present controversy, it will be convenient, at this stage, to examine the relevant provisions of the act. the act has the following preamble :-'whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and ..... question was based upon the notification under s. 4, which is in these terms :-'ex. 'a',notificationrevenue department.sachivalaya, bombay, 3rd april, 1959.land acquisition act, 1894 (i of 1894). district thana. no. lth. 15-59/42051-h - whereas it appears to the government of bombay that the lands specified .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-29-1960
Reported in : AIR1961SC65; 1SCR379; 11STC655(SC)
..... iron & steel (control) order, 1956, issued under the essential supplies act, 1955, the directions in which permit the petitioner was bound to carry out. it appears that iron and steel being controlled commodities, they could not under the provisions of the act and order aforesaid, be sold without the permission of the iron ..... the view taken by the commercial tax officer. 29. it was urged by counsel for the state of bihar that iron and steel are commodities of which the storage, sale and purchase are controlled by the iron and steel (control) order, 1956, and all the sales which ..... so as to enable the latter state also to tax the sale or purchase in question. in the bengal immunity co.'s case : 2scr603 , das acting chief justice, in delivering the judgment of the majority observed that the several parts of art. 286, viz., cls. 1(a), 1(b ..... for ascertainment of the place of business within the meaning of the explanation raises difficult problems. as observed by das, acting chief justice, in bengal immunity company's case : 2scr603 , at p. 649 : 'the situs of an intangible concept like a sale can only be fixed notionally ..... & steel controller. it was contended that when on a contract made pursuant to such permission, the petitioner loaded the goods into the railway wagons at jamshedpur, the property in them passed under s. 23(1) of the sale of goods act .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-30-1960
Reported in : AIR1961SC823; 2SCR780
..... notified order provide for regulating or prohibiting the production, supply and distribution thereof, and trade and commerce therein.' 8. section 2 of the act provides that foodstuffs would be an essential commodity within the meaning of the act and would include edible oilseeds. we have earlier stated that the oilseeds order was originally passed under the defence of india rules, which ..... 1952. by another amendment made by act lxv of 1952, the life of the central act was extended till january 26, 1955. 7. section 3(1) of the central act is in these terms : 'the central government, so far as it appears to it to be necessary or expedient for maintaining or increasing supplies of any essential commodity, or for securing their equitable distribution ..... many contracts to which the central act would not apply and such contracts may be rendered illegal by the bombay act if they come within its scope and are made in disregard to the conditions ..... illegal, there is no scope for applying the bombay act. furthermore, the bombay act deals with all kinds of goods. sub-section (4) of section 2 of this act defines goods as any kind of movable property including securities but not including money or actionable claims. now the central act only applies to essential commodities as defined in it. therefore, there would be .....Tag this Judgment!