Court : Supreme Court of India
Decided on : Apr-02-1970
Reported in : AIR1970SC989; 1970CriLJ895; (1970)3SCC92
..... the appellants and three other persons with contravention of clause 7 of the bihar food grains licensing order 1963 promulgated under section. 3 of the essential commodities act, 1955 and triable summarily under section 12-a of lie essential commodities act leaving out of account certain minor irregularities alleged to have been committed by them the gravamen of the charge was that the appellants had on the ..... is an appeal by special leave from an order of the high court of patna dismissing in limine the appellants application for challenging their conviction under section 7 of the essential commodities act and sentence of a fine of rs. 500/- on each or la default simple imprisonment of six months.2. the fads are as follows, on 9th august 1965, the district .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-05-1970
Reported in : AIR1970SC1275; (1970)1SCC386; 3SCR498
..... of hyderabad and secun-derabad. the state of andhra pradesh issued the andhra pradesh sugar dealers licensing order, 1963, in exercise of the power conferred by section 3 of the essential commodities act, 1955. under that order no person may carry on business as a dealer except under and in accordance with the terms and conditions of a licence issued by the specified authority ..... pursuance of the policy of the central government to distribute sugar through cooperative societies. but the order was still unauthorised. under the essential commodities act, 1955, the state government had issued an order for distribution of sugar through licensed dealers and the respondents had obtained licences in that behalf. their licences could only be cancelled after ..... the constitution guaranteed freedom in the abstract and not of the individuals. article 301 of the constitution is borrowed almost verbatim from section 92 of the commonwealth of australia constitution act 63 and 64 viet. c. 12 of 1900. in dealing with the contention that no individual right was guaranteed by section 92 of the commonwealth of australia constitution ..... act the judicial committee in commonwealth of australia v. bank of new south wales observed :the necessary implications of these decisions (james v. cowan--(1932) a.c. 542--and james v. .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-19-1970
Reported in : AIR1971Kant7; AIR1971Mys7; 1971CriLJ72; (1970)2MysLJ141
..... for our purpose). the preamble to the mysore foodgrains (wholesale) dealers licensing order, 1964 reads:'s. o. 1152.-- in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955) read with notification of the government of india in the ministry of food and agriculture (department of food) published under g. s. r. 888 - dated the 28th june, ..... other action under the law against him besides the cancellation of the licence.it was, however, contended by the learned counsel for the petitioner that section 7 of the essential commodities act does not expressly penalise the contravention of the conditions or terms of the licence. he submitted that the contravention alleged in this case being contravention of a condition of the ..... mysore foodgrains (wholesale) dealers licensing order that it is promulgated by the state of mysore in exercise of the powers conferred under section 3 of the essential commodities act. section 3(2)(h) of the act provides for the collection of any information or statistics with a view to regulating or prohibiting any of the aforesaid matters. it is also clear that the ..... . c. no. 450 of 1969. in that case, the petitioner was prosecuted on two counts, (1) for the offence punishable under section 7 of the essential commodities act which will hereinafter be referred to as the act, for the contravention of the provision of clause 3 of the mysore food grains (declaration of stocks) order 1967; (2) that he had committed an offence .....Tag this Judgment!
Court : Karnataka
Decided on : May-04-1970
Reported in : AIR1970Kant243; AIR1970Mys243; (1970)1MysLJ465
..... complete and for another year, partial.2. before considering the contentions of the petitioners, it is convenient to look at the relevant legislation.3. parliament enacted the essential commodities act, 1955, (hereinafter referred to as the act) to provide in the interest of the general public, for the control of production, supply and distribution of, and trade and commerce in certain ..... commodities.4. clause (a) of section 2 of the act defines 'essential commodities' to mean any of the classes of commodities set out in sub-clauses (i) to (xi) of that clause. food-stuffs are among the commodities included in that definition. clause (b) of section 2 defines 'food crops ..... ' as inclusive of sugar-cane.5. in exercise of the powers conferred by section 3 of the act, the central government promulgated on 27-8-1955 ..... the sugar (control) order, 1955, and the sugarcane (control) order, 1955, the former empowered the central .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-01-1970
Reported in : AIR1970Kant289; AIR1970Mys289; (1970)1MysLJ512
..... government of mysore in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (hereinafter referred to as the act), and delegated by the central government to the state government under section 5 of the act.3. before dealing with the contentions of the petitioners, it is useful to ..... 1968 and connected petitions, we had over-looked the amendment of section 6-a of the act by the essential commodities (second amendment) act, 1967 (hereinafter referred to as the second amendment act). section 6-a, as it stood before such amendment, provided that where any food grains, edible oil seeds ..... of the use thereof, they will be exposed to deterioration, decay or loss of value. such owner has no remedy under the act or the non-edible essential commodities control order. such was our view in the aforesaid petitions.49. when we rendered our decision in w. p. no. 3876 of ..... thereof.50. though clause 11 of the wholesale licensing order and the retail licensing order as well as clause 8 of the non-edible essential commodities control order, provide, for entry, search and seizure there is material difference in the language of said clause 11 and that of said clause ..... order confiscation of food grains, edible oil seeds or edible oils. by the second amendment act, the words 'food grains, edible oilseeds or edible oils', occurring in section 6-a, have been substituted by the words, 'essential commodity'. it is not necessary here to say what our decision in w. p. no .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-10-1970
Reported in : 1971CriLJ971
..... fruit products under a licence obtained from the government of india under the fruit products order, 1955. this order was issued by the central government in exercise of its powers under section 3 of the essential commodities act, 1955 (act no. 10 of 1955). petitioner no. 2 is an employee and agent of petitioner no. 1 food inspector, ..... guilty of violating the provisions of another law. such a situation is unthinkable. moreover, provisions of section 6 of the essential commodities act, 1955, which are in the following terms, make it abundantly clear that any order under section 3 of the said ..... and the only way to satisfactorily resolveit is to hold that the fruit products order must displace the provisions of the prevention of food adulteration act wherever they are conflict. no person can manufacture a fruit product unless he obtains a licence under the fruit products order and there can be ..... schedule of the order. it was conceded on behalf of the state that two of the specifications are similar to those given in the pure food act, while the third is different. this order lays down a special procedure for controlling the manufacture of the fruit products and, consequently, these special ..... to which it must conform and, therefore, the respondent could be proceeded against under the pure food act notwithstanding the fact that he was also, as a manufacturer, covered by the provisions of the fruit products order, 1955, as amended upto 1958. according to sub-clause (d) (vii) of rule 2 of the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-18-1970
Reported in : AIR1970P& H502; 1970CriLJ1565
..... chief judicial magistrate, hissar, on the 27th of december, 1965, acquitting each of the respondents of an offence under section 7 of the essential commodities act, 1955 (hereinafter referred to as to the act) read with the punjab gram (regulation of distribution) order, 1964. we are taking them up together as they not only arise from ..... while carrying the aforesaid quantity of grams on his camel. the only question, therefore, which requires determination is whether he was caught in the act of exporting the commodity to rajasthan. in this connection, the place of his arrest becomes all-important. if that place is johri nilgiri, which is admittedly situated ..... camels loaded with bags of gram, the quantity of the commodity being as follows in each case:rugha = 4 1/2 maundsgaphur = 5 maunds,indraj = 5 maunds,jumma = 5 maunds,all the camels along with ..... nilgiri situated on the punjab-rajasthan border at about midnight and held a nakabandi there. at about 5.00 a.m. (on the 11th august, 1955) the four respondents were seen coming from the side of village basra, each holding a camel, on their way to rajasthan. the police found the ..... basis of the proceedings in his court, was illegal.8. the observations made in air 1955, sc 196 (supra) are also a complete answer to the contention based on the provisions of section 11 of the act and raised on behalf of the respondents. it is not denied that a police officer .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-12-1970
Reported in : AIR1971SC1244; 1971CriLJ1072; (1970)3SCC694; 1971(III)LC26(SC)
..... state of haryana to howrah in west bengal during the month of october, 1967. their case is that the movements of maize had been controlled by the provisions of the essential commodities act, 1955 read with northern inter-zonal maize (movement control) order, 1967 promulgated by the state government on may 3, 1967. but the restrictions on export imposed by that order were removed .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-01-1970
Reported in : 2006(112)ECC49; 2006LC49(Bombay); 2008(222)ELT22(Bom)
..... contain a label on the container with the words 'physician's sample not to be sold'. under the drugs (price control) order, 1995 issued under the essential commodities act, 1955 the cost of physicians sample is added to the price fixed for the drugs which are to be sold. as per the accounting standards (as-2) ..... , the petitioners have filed the present petition to challenge the validity of circular no. 813 dated 25/4/2005. 6. under the central excise act, 1944 ('the act for short) as it stood prior to 1/7/2000 the concept of valuation of excisable goods was based on the deemed value. the deemed ..... be the transaction value at each removal and in respect of all other clearances, the valuation shall be determined under section 4(1)(b) of the act read with 2000 rules. 21. physicians free samples are admittedly not sold and delivered at the time and place of removal or at any time thereafter ..... to the transaction value. the submission is that in view of the concept of valuation based on 'deemed value' contained in section 4 of the old act, it was provided in rule 6 (b) of 1975 rules that the captively consumed goods could be valued by applying the method applicable to the comparable ..... including the case where the goods are not sold, be the value determined in such manner as may be prescribed. section 4 (3)(d) of the amended act defines the expression 'transaction value' as follows:-section 4(3)(d) 'transaction value' means the price actually paid or payable for the goods, when sold, .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-26-1970
Reported in : (1970)72BOMLR585; 1971MhLJ1022
..... , 1969 and order that charges should be framed against the accused in this case under section 120b of the indian penal code, as well as under section 7 of the essential commodities act, 1955, and the trial of the case proceeded with according to law. having regard to the very definite views expressed by the learned additional chief presidency magistrate mr. m. m. ..... 3 and 4 were not parties to the alleged contravention of the control order and could not be held guilty by reason of the provisions of section 10 of the essential commodities act, 1955.16. as far as the first two grounds on which the learned magistrate based his order of discharge are concerned, mr. daphtary stated, very frankly, that he was unable ..... have, therefore, not committed any offence.4. the three notifications in question not having been laid before both the houses of parliament, as required by section 3 (6) of the essential commodities act, 1955, the order issued under it had not legal force and had not become operative, and no offence was, therefore, committed, even if the same were contravened, and5. accused nos. ..... other hand, the prosecution case that by continuing to manufacture paramsukh dhotis which did not comply with those specifications, the accused have committed an offence under section 7 of the essential commodities act, 1955. it was only on february 11, 1965 that the first accused mills, by their letter signed by the second accused, applied to the textile commissioner for the necessary deviation .....Tag this Judgment!