Court : Allahabad
Decided on : May-02-1962
Reported in : AIR1963All29; 1963CriLJ35
..... constitution, the provisions of clause 3 of the order are ultra vires. this order was framed by the central government purporting to exercise powers conferred by section 3 of the essential commodities act, 1955 and was published in the u.p. gazette extraordinary, part ii, dated the 24th of december, 1958. clause 3 of the order reads as follows :'no person shall move or ..... constitution is subject to any law framed by the parliament under article 302. the impugned order has been framed under section 3 of the essential commodities act, 1955. that act was passed by parliament. the preamble of that act runs as follows:'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 ..... jagdish sahai, j.1. on being convicted under section 7 of the essential commodities act, 1955 for contravening rule 3 of the u.p. paddy (restriction on movement) order, 1958 (hereinafter referred to as the order) by a magistrate, the petitioners appealed before the learned sessions ..... the present case, clause 3 ofthe impugned order would be protected by clause (2)of article 303 inasmuch as the impugned order hasbeen framed under section 3 of the essential commodities act. that act was passed because the parliament was dealing with the situation arisingfrom scarcity of goods in some parts of this country and was thus meeting an emergency createdby the scarcity of .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-19-1962
Reported in : AIR1963AP339
..... pradesh) and dealt with by the state government.7. we will now take up the first question. in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (act x of 1955), the central government promulgated on 8-5-1956, an order designated as 'iron and steel (control) order, 1956'. the said order regulates inter alia, the sale of ..... state to get themselves appointed as registered stock-holders, that the action taken by the respondents in respect of the applications is outside the purview of the provisions of the essential commodities act, 1955, and the iron and steel (control) order, 1956, and that there is no legal obligation on their part to obtain applications and merely forward them to the ..... of the supreme court, in harisankar bagla . state of madhya pradosh, : 1954crilj1322 that the iron and steel (control) order, 1956 promulgated under section 3 of the essential commodities act (act x of 1955) providing for the registration of stockists for the sale of iron and steel, is a reasonable restriction on the fundamental right, and the right of the petitioner to get ..... -holders of iron and steel at khammameth. it is alleged in the present petition that, though the collector of the district and the second respondent (the director of controlled commodities, andhra pradesh) had recommended the case of the petitioner-firm for appointment, the state government (first respondent) had recommended sri venkateswara iron and steel syndicate, khammameth (3rd respondent .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-05-1962
Reported in : AIR1963Cal61,1963CriLJ49,67CWN159
..... , therefore, is only in respect of law which was current immediately before the essential commodities act commenced. but this west bengal soft coke distribution order, 1955, commenced not before the essential commodities act, 1955, but after the essential commodities act came into force on the 1st april, 1955. the west bengal soft coke distribution order, 1955, came into force in october, 1955. therefore, the soft coke order here was passed after and indeed by ..... division bench of the mysore high court in nagareddy thimappa v. state of mysore, reported in air 1960 mys 192, also upholds at page 193 the constitutional validity of the essential commodities act, 1955, and the particular mysore rice procurement (levy) order, 1959 which it considered. the decision of a single judge of this court in ramrichpal agarwalla v. state of west bengal, reported ..... for the same reason to be a reasonable restriction'. these observations are also in support of the view that i am taking here. in that case the relevant section of essential commodities act, 1955 was discussed in the light of article 19 of the constitution although it dealt with a different order, namely, non-ferrous metal control order, 1958 and specially clauses 3 and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-11-1962
Reported in : AIR1963SC274; (1963)65BOMLR378; 1SCR721
..... . the new bye-law reads as follows : "(1) whether or not prices at which cotton may be bought or sold are at any time controlled under the provisions of the essential commodities act, 1955, if the forward markets commission is of the opinion that continuation of trading in hedge contract for any delivery or deliveries is detrimental to the interest of the trading or ..... -law 52 aa ran as follows : "(i) whether or not the prices at which cotton may be bought or sold are at any time controlled under the provisions of the essential commodities act, 1955, if the textile commissioner with the concurrence of the forward markets commission and after consultation with the chairman, be of opinion that the continuation of hedge trading is likely to ..... . the new bye- law ran. "152 aa (1) whether or not prices at which cotton may be bought or sold are at any time controlled under the provisions of the essential commodities act, 1955, if the forward markets commission is of the opinion that continuation of trading in hedge contrac- ts for any delivery or deliveries is detrimental to the. interest of the trading ..... as follows:- "52-a.a. (1) whether or not the prices at which the cotton may be bought or sold are at any time controlled under the provisions of the essential commodities act, 1055, if the textile commissioner with the concurrence of the forward markets commission and after consultation with the chairman (of the board), be of opinion that the continuation of hedge .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-1962
Reported in : AIR1963Cal355,67CWN120
..... delegated by the central government and it is not correct to say that the instrumentalities have not been selected by the legislature itself.'12. sections 4 and 5 of the essential commodities act, 1955 are to the following effect:'4. an order made under section 3 may confer powers and impose duties upon the central government or the state government or officers and ..... the central government, or (b) such state government or such officer or authority subordinate to a state government.' 13. under section 5 of the essential commodities act, the power to make orders (under section 3 of the act) may be exercised, inter alia, by an officer or authority subordinate to the central or the state governments as may be specified by the notified ..... , supply and distribution of essential commodities and trade and commerce therein, if in its opinion it is necessary to do so for increasing supplies or securing ..... validity is examined in the light of the provisions of sections 3 and 4 of the act, it would be difficult to sustain the plea that it confers on the delegate uncanalised or unbridled power'. 15. la the instant case section 3 of the essential commodities act leaves it to the central government by order to provide for regulation and prohibition of production .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-19-1962
Reported in : AIR1965Bom64; (1964)66BOMLR556
..... authority to make all subsidiary legislation to the state government in connection with foodstuffs, milk and milk products. mr. parpia has also relied upon the bombay essential commodities and cattle (control) act, 1946, the bombay essential commodities act, 1955, the bombay foodgrains dealers licensing order, 1958, and several other notifications in support of his contention that the shops were always under requisition for the purposes ..... the public purpose of occupation or the shops came to an end, (6) on january 26, 1965, when the essential supplies (temporary powers) act, 1946, came to an end and (7) on october 1, 1957, when the bombay essential commodities and cattle (control) act, 1946, ceased to have effect.(9) in connection with the allotment order dated may 22, 1958, in favour of ..... allotment order it is contended on behalf of the defendants that the allotment is in fact made for the public purpose of running a fair price shop for supplying essential commodities to citizens and that the allotment order is not made with intent to defeat the notices that were tended on behalf of the plaintiffs under section 80 prior to ..... respect of the shops in suit up to october 14, 1947, (sic) mr. joshi has submitted that both the conditions precedent as essential for giving directions under section 7 of the bombay act are satisfied in connection with the impugned requisition order dated february 20, 1957.(16) the above would have been true position, but it is in this connection .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-11-1962
Reported in : 46ITR1214(All)
..... . we have no difficulty in holding that it is business though controlled in the sense that it cannot be carried on except under a licence. under the provisions of the essential commodities act, 1955, a large number of orders were framed as, for example, rice movement (control) order, wheat movement (control) order, cotton cloth (control) order, and cloth and yarn (control) order, requiring ..... that only the persons holding a licence should carry on the business in the controlled commodities. it has never been urged or held that the licensee under those orders do not carry on business. examples of trades carrying on their business in conformity with the statutory ..... of local authorities except income from a trade or a business carried on by the authority so far as that income is not income arising from the supply of a commodity or service within its own jurisdictional area'.mr. misras contention is that even though the extended areas are not within the territorial limits of the city board of mussoorie they ..... jurisdictional area of the municipality. we are unable to accept that contention, because the mere owning of property does not extend the jurisdiction of the bombay municipality. that jurisdiction is essentially confined to the limits of the city of bombay. it has also been contended by the advocate-general that in doing what is has done, the bombay municipality has discharged .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-04-1962
Reported in : AIR1965P& H200; 1965CriLJ593
..... order1. a case under s. 7 of the essential commodities act 1955 was registered against one s. kartar singh and the sate orphanage advisory board on 18th august 1959, at police station sadar karnal. its ..... cases registered against him and conduction the investigation in 'highly defamatory and demonstrative' manner lowering him in public esteem. thus it is obvious that the defamatory acts attributed to the accuses were committed by them while they were investigation and prosecuting the cases against him. they are intimately connected with the discharge of ..... 44. after noticing the previous decisions, including amrik singh's case, (s) air 1955 sc 309 and shreekantiah ramayya munipalli v. state of bombay, (s) air 1955 sc 287 their lordships observed;'what we must find out is whether the act and the official duty are so inter-related that one can postulate reasonably that it was ..... an official act can be performed in the discharge of official duty as well as in direction of it. the section has content and its language must be given meaning.'(18) in amrik singh's case 1955 (1) scr 1302: ((s) air 1955 sc 309) a similar argument was raised that misappropriation of funds by ..... of was official act appeared to unduly narrow down the scope of the protection afforded by section 197 of the criminal procedure code.(17) a warning against such narrow construction had been earlier held out by the supreme court in shreekantiab ramayya munipalli's case (s) sir 1955 sc 287 where in dealing with he contention .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-22-1962
Reported in : AIR1963SC890; Supp2SCR417
..... ,774/1/- and in other ways. the plaintiffs first approached the court of the additional district judge, raipur with a petition under s. 3 of the chartiable and religious trusts act for directions on kamal narayan as provided in that section. directions were accordingly issued by the additional district judge; but with this the respondent did not comply. it was then ..... that the present suit was brought by the plaintiffs without the previous consent of the advocate-general as is permitted by s. 6 of the charitable and religious trusts act. the plaintiffs have prayed for a declaration that telibandha village was held by the defendant in the trust for shri ramchandra of the dudhadhari math and that he had committed ..... the award were correctly stated there. that is, these provisions were made 'with the consent of and at the instance of all the co-sharers.' the act of the panchas was thus really the act of the owners of the property and as owners had full right to make a valid dedication to the deity the dedication as made in para. 2 .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-04-1962
Reported in : AIR1963Mys64; ILR1962KAR567
..... security life and general assurance company limited, bangalore city. with effect from 1-9-1956 this company was taken over by the life insurance corporation under the life insurance corporation act, 1956. the plaintiff was a debtor to the asiatic government security life and general assurance company limited under a compromise decree dated 8th june 1953 in o. s. 256/51 ..... debtor and creditor of the plaintiff. the two debts were ascertained amounts and there is no dispute as to their correctness.7. sections 59 to 61 of the indian contract act deal with the appropriation of payments. section 59 deals with the application of payment where debt to be discharged is indicated by the debtor, whereas section 60 deals with the ..... looked into is section 60 to determine whether the appropriation or adjustment made by defendant 1 is legal and valid. in this case, the appropriation is made by the very act of setting off the two items against each other and communicating it to the plaintiff, the debtor.9. the word 'payment' appears in all the three sections and the learned .....Tag this Judgment!