Court : Supreme Court of India
Decided on : Sep-29-1961
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
Decided on : Jul-26-1961
Reported in : AIR1962SC191; 2SCR924; 12STC622(SC)
..... used in a very wide and broad sense. similarly, he has referred to the provisions of s. 2(a)(vii) of act xxiv of 1946 [the essential supplies (temporary powers) act, 1946] and s. 2(a)(vi) of act 10 of 1955 (the essential commodities act, 1955). his contention is that it would be legitimate for the court to consider the legislative history in the matter of the use ..... that if a law had been passed prior to the commencement of the act and it authorised the imposition of a tax on the sale or purchase of certain commodities its validity cannot be challenged on the ground that the said commodities have been subsequently declared by the act to be essential for the life of the community. the impugned notification with which we are ..... concerned and the act under which it has been issued are thus outside the purview of ..... s. 3 of the act. that in substance is the finding made by the high .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-22-1961
Reported in : AIR1962P& H32
..... made, cancelling the authorisation issued to the petitioner's depot has been challenged. the order of the governor of the punjab was promulgated under section 3 of the essential commodities act, 1955. section 5 of that act provides that the central government can, by notified order, direct that the power to make orders under section 3, shall, in relation to such matters and subject to ..... petitioner was that sant singh is the cousin of kartar singh qaumi, who is congress leader of jullundur. the petitioner opposed kartar singh qaumi in the jullundur municipal election of 1955 and kartar singh lost the election and it was for that reason that since then he had been trying to harm the petitioner in several ways. it is asserted that ..... had been taken away by him to his own depot without obtaining any permission from the district industrial officer and disposed of in contravention of the punjab coal control order, 1955. he was, therefore, being afforded an opportunity to explain his conduct and forward his explanation. finally, by means of annexure 'n', dated the 6th august 1957 the district food and ..... to him by the district food and supplies officer. jullundur, and this was done under clause 10(1)(a) read with clause 2(c) of the punjab coal control order, 1955 (hereinafter to be referred to as the order), and the suspension was to continue till the depot functioned in the new name and style of messrs sant singh maharaj krishan .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-27-1961
Reported in : 1962CriLJ623
..... officer is concerned.we are, however, of opinion that the invalidity of the investigation does not make the final report one not envisaged under section 11 of the essential commodities act, 1955. that act does not require that the report should have been made by a public servant after investigation. whether or not the investigation was justified or even improper makes no difference ..... been made as a result of a, proper or even legal investigation. this invalidity of the investigation preceding the report will not affect its validity under section 11 of the essential commodities act, 1955. the learned counsel for the respondent has referred us to premchand khetry v. the state : air1958cal213 . that case did not consider the question that is before us. ..... learned sessions judge, rae bareli.the learned sessions judge was of opinion that there was no proper complaint before the trial magistrate as is required by section 11 of the essential commodities act, 1955 and, therefore, following the decision of the calcutta high court in a.p. misra v. the state : air1958cal612 , he acquitted asha nand. against that order of acquittal, ..... ka-s and then submitted a police report. after examination of the evidence, the learned sub-divisional magistrate found asha nand guilty and convicted him under section 7 of the essential commodities act, 1955, read with section 3 of the paddy (restriction on movement) order, 1958, and sentenced him to a fine of rs. 120/- with two months' rigorous imprisonment in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-12-1961
Reported in : AIR1962SC263; 3SCR547
..... we might usefully refer to the provisions of the essential commodities act, 1955, under which government is vested with power to determine the prices which essential commodities may be bought or sold. under section 3(2) of the essential commodities act 1955, the central government is empowered by order made under the act to provide for controlling the price at which any essential commodity be bought and sold. the control under that enactment ..... consider is implicit in the provision in section 16 of the act as much as in section 3 of the essential commodities act. 37. no doubt, learned counsel pointed out the provisions contained in the west bengal raw jute act (act xxv of 1948), the jute goods act v of 1950 and the bombay forward markets contracts act (act lxiv of 1945), in which in respect of closing out ..... be adequately safeguarded against any abuse of such facilities by others. the essential supplies (temporary powers) act, 1946, does not empower the central government to regulate forward trading in any commodity other than an 'essential commodity' within the meaning of that act. action may be needed not only for prohibiting forward trading in commodities in which it is still taking place, but also for reopening forward trading .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-03-1961
Reported in : AIR1962Bom243; (1962)64BOMLR16; ILR1962Bom371
..... on section 10 of that act, it is necessary, first of all, to refer to section 8 of the same act section 8 runs thus:'any person who attempts to contravene or ..... peerbhoy was that, there is no specific provision in the act of 1947, under which the office holders of the association or the managing members thereof, have been made specifically liable in that connection, he referred us to section 10 of the essential commodities act, 1955. in order to appreciate mr. peerbhoy's argument based ..... against and punished accordingly.'we are unable to understand how these provisions assist mr. peerbhoy in the argument he is advancing. section 10 of the essential commodities act, is a special provision and applied to those who ere in charge of and were responsible for the conduct of the business of the company ..... not liable. they may not be liable merely because they happen to be officer-bearers, as would be the case under section 10 of the act of 1955. if it is, however, found as a fact that they were guilty of abetment, they would obviously be liable for the offence of contravention. ..... magistrate has ignored the provisions of rule 5 (4) of the order issued by the central government under the provisions of section 3 of the act in 1955. he also contended that there is no satisfactory evidence to show that, as a matter of fact, the goods that were sent by the .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-25-1961
Reported in : 1962CriLJ830
..... further that the indications were that the petitioner was transporting 04 bags of rice to the state of bombay without a licence and had thereby infringed section 7 of the essential commodities act, 1955. the learned magistrate convicted the petitioner and sentenced him to pay a fine of rs. 600/- and in default of the payment of fine to suffer simple imprisonment for ..... found '64 bags of rice in it. after necessary formalities the bags of rice were seized and. a charge-sheet for an offence punishable under section 7 of the essential commodities act, 1955 was placed against the petitioner in the court of the judicial magistrate first class, hukeri.the defence of the petitioner was that he was transporting these 64 bags of rice ..... learned counsel for the petitioner that even assuming for the sake of arguments the petitioner was actually transporting these bags of rice in contravention of section 7 of the essential commodities act, the act of the petitioner cannot amount to an offence inasmuch as he has not actually transported the bags of rice out of mysore state. in other words his contention that ..... judgment of the sessions judge, belgaum in criminal appeal no. 94 of 11959 confirming the conviction and sentence passed against the petitioner for an offence under section 7 of the essential commodities act, by the judicial magistrate first class, hukeri in criminal case no. 543 of 1958. the learned sessions judge also confirmed the order passed by the learned magistrate confiscating to .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-28-1961
Reported in : AIR1961Cal578
..... more recent decisions of the supreme court on this point in diwan sugar and general mills (private) ltd, v. union of india, : air1959sc626 , wanchoo, j. dealing with the essential commodities act, 1955 and sugar control order, 1955' and with similar argument there advanced that the factories were being compelled to sell below the cost of production and the price fixed by the central government was ..... textiles (control of movement) order, 1948 which was an order framed in exercise of power granted by the essential supplies (temporary powers) act, 1946 was to regulate the transport of cotton textiles in a manner that would ensure an even distribution of the commodity in the country and make it available at a fair price to all. this did not deprive a citizen ..... price at which sugar might be sold it was held that as long as the central government exercised this power in the manner provided by the act and the order, namely the sugar (control) order 1955 it could not be said that an appeal from the decision of the central government should have been provided. (per wanchoo j., in : air1959sc626 ). 12. when ..... the same under assessment either upon such report or by proceedings taken under the ordinary income-tax law.'8. thereafter on the 27th january, 1955, notices were issued under section 34 (1) (a) of the indian income-tax act on messrs. soorajmull na-garmull and its partners. these proceedings are pending relating to the assessment of soorajmull nagarmull and its partners under .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-29-1961
Reported in : AIR1963Cal508,1963CriLJ258
..... constitution alone, there is no reason why specific provisions for delegation of authority should have been made by section 12 of the foreigners act, 1946 or section 5 of the essential commodities act, 1955. but under section 12 of the foreigners act, a wider provision is made for delegation of the power to make or give any direction, consent, or permission, by any authority ..... on which such power is conferred by the act; e.g. under section 6(2) of the act, any district magistrate or any commissioner of ..... e.g. the additional district magistrate or the deputy commissioner of police. under section 5 of the essential commodities act, provision is made for delegation of the dower under section 3 of the act to make order to control production, supply, distribution etc. of essential commodities; i e. the section provides for the delegation of the power of enacting delegated legislation and not ..... previous notifications on the subject, the president hereby entrusts to all state governments, with their consent, the functions of the central government under section 7 of the explosive substances act, 1908'.clause (1) of article 258 of the constitution runs as follows :'notwithstanding anything in this constitution, the president may with the consent of the government of a .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-26-1961
Reported in : AIR1962All359
..... norms for regulating the grant of permit have been laid down in the order. the order has been promulgated under the powers given by the essential commodities act (act no. 10 of 1955) the object of which, as mentioned in the preamble, was to provide, in the interest of the general public, for the control of the ..... the mixture of grain containing more than 18 per cent of wheat contravened the provisions of the order and committed am offence under section 7 of the essential commodities act.4. the trial court found the respondent ram charan guilty and sentenced him to six months' r. i. and rs. 100/- fine. the 72 ..... against an, order dated the 6th may, 1960 of the learned sessions judge, oral, acquitting the respondent ram charan of an offence under section 7 of the essential commodities act read with clause 3 of u.p. wheat (restriction on movement) order, 1940, (hereinafter referred to as the order).2. at about 5-30 p. ..... the respondent to a fine of rs. 250/- and in default to six months' r. i. under section 7 of the essential commodities act read with clause 3 of the order. the 72 bags of gujai, and if they have been sold their sale proceeds, are forfeited to the state. ..... the matter did not go beyond preparation for transporting the grain and therefore no offence under section 7 of the essential commodities act was committed.6. the contention on behalf of the state is that the act of the respondent amounted to ah 'attempt' to transport the grain from one block to another in contravention .....Tag this Judgment!