Court : Kerala
Decided on : Jul-10-1972
Reported in : AIR1977Ker88
..... notification section order 2615, dated 22nd july, 1968 issued by the central government in purported exercise of the powers under section 2(a)(xi) of the essential commodities act, 1955, declaring coconut husk as an essential commodity, and the coir retting (licensing) order 1968, and all notifications issued thereunder and other proceedings taken pursuant thereto, are without jurisdiction and illegal. this appeal ..... has been preferred by the state of kerala against the decision in order p. no. 336 of 1970. 12. the essential commodities act, 1955 (referred to as the 1955 act) has been passed by parliament under entry 33 of list iii of the seventh schedule of the constitution of india. it is entitled; 'an ..... with his reasoning on the main question in the case. 2. the central government has, by notification under section 2(a)(xi) of the essential commodities act of 1955, declaredcoconut husk, raw and retted, as an essential commodity. the said notification was declared to be beyond the powers of the central government by a single judge, and the correctness of that decision ..... passed, was repugnant to the provisions of the central legislation and the control orders, viz., the essential commodities act iv of 1955, and the industries development and regulation act 65 of 1951, and the sugar control order and sugar-cane control order, both of 1955. in discussing the questions, the supreme court referred to entry 52 of list i, entries 24 .....Tag this Judgment!
Court : Delhi
Decided on : Jan-10-1972
Reported in : AIR1972Delhi159
..... on the free sugar by the sugar producers inasmuch as the scheme of partial control comprises both the levy sugar as well as the free sugar under the same act, namely, the essential commodities act, 1955.34. it was argued for the petitioners that the gains made by them on the sale of free sugar should not be taken into account merely because free ..... welfare of the people by securing and protecting a social order in which justice, social, economic and political, shall inform the institutions of national life. 9. the objects of the essential commodities act, 1955, according to its preamble, is to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce in, ..... interest of the general public on the exercise of these rights. sugar is a necessary article of consumption and is an essential commodity. parliament has, thereforee empowered the central government under sub-section (1) of section 3 of the essential commodities act, 1955 (hereinafter called the act) to promulgate orders to provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce' ..... at a loss. but the rest of the sugar production was allowed to be sold at a price fixed by an order issued under the essential commodities act, 1955, which would compensate the loss incurred in the export. even though the two statutes were separate, their lordships considered the scheme of the statutes as a whole and arrived .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-03-1972
Reported in : AIR1972All401
..... -section (1) of section 3 of the said act to make orders to provide for the matters specified in clauses (a), (b), (c), (d ..... the following facts :--under sub-section (1) of section 3 of the essential commodities act, 1955 hereinafter referred to as the act), if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, it may ..... also by such state government as may be specified in the direction. the central government acted under section 5(b) and on november 15, 1958, issued the following notification :--'in exercise of the powers conferred by section 5 of the essential commodities act. 1955 (10 of 1955) the central government hereby directs- (a) that the powers conferred on it by sub ..... section (1) an order made thereunder may provide:(a) .....; (b) .....; (c) .....; (d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption, of any essential commodity; (e) .....; (f) .....; (g) .....; (h) .....; (i) .....; (ii) .....; (i) .....; under clause (b) of section 5, the central government may, by notified order, direct that the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-21-1972
Reported in : AIR1972SC1610; 1972CriLJ1039; (1972)3SCC428; 1972(4)LC841(SC)
..... knowledge as he was posted to police station barharwa.7. the bihar foodgrains (movement control order 1957 was promulgated in exercise of the power conferred by section 3 of the essential commodities act 1955. clause 3 of the order provides that 'no person shall export or attempt to export or abet the export of foodgrains except under and in accordance with a permit issue ..... a.n. grover, j.1. this is an appeal by special leave from a judgment of the patna high court.2. the appellants were convicted under section 7 of the essential commodities act, 1955 read with the relevant provisions of the bihar foodgrains (control movement) order 1957. they were sentenced to undergo rigorous imprisonment for 18 months and to pay a fine of rs. ..... of this court in malkiat singh and anr. v. state of punjab. in that case also the question was whether an offence had been committed under section 7 of the essential commodities act read with paragraph 3 of the punjab paddy (export control) order 1959. it was held that as the paddy was seized while inside the punjab boundary there was no export .....Tag this Judgment!
Court : Kerala
Decided on : Oct-05-1972
Reported in : AIR1973Ker114
..... action under the 1971 rules government could have taken action under the land utilisation order, 1967, issued under the essential commodities act, 1955. the provisions of that order are not so stringent as those in the 1971 rules. in fact section 38 of the defence of india ..... foreign powers, (the maintenance of peaceful conditions in any part of india, the efficient conduct of military operations or the maintenance of supplies and services essential to the life of the community) it is necessary so to do, may make an order- xxxxx (b) directing that he be detained; xxxxx ..... increas-ing the supply of articles which can be us-ed in connection with the conduct of military operations or for maintaining supplies and services essential to the life of the community, may by notified order provide for- xxxxx (b) bringing under cultivation anywaste or arable land whether appurtenantto ..... in the schedule below will be left fallow during the ensuing cultivation season; and whereas for maintaining supplies of paddy and rice which are essential to the life of the community, it is necessary to provide for bringing under cultivation such paddy lands and for the growing therein of paddy ..... state has mainly transferred its judicial functions and observance of rules of natural justice also is essential for administration of justice by courts. as regards pure executive or administrative orders if the act under which they are passed expressly or by implication excludes the application of rules of natural justice .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-06-1972
Reported in : AIR1973SC734; (1973)3SCC435; 2SCR882
..... called compendiously the 'sugar producers') challenging the validity and legality of the levy sugar supply control order 1972 made under section 3 of the essential commodities act, 1955, hereinafter called the 'act' fixing the price of levy sugar in the different zones in the country and praying for various reliefs. writ petitions nos. 279 to ..... account.36. coming to question no. 4 a good deal of attack has been made on the depreciation allowed by the commission. depreciation is essentially a part of the conversion costs. under the terms of reference the tariff commission' 1969 was asked to indicate the basis on which the ..... adequately reflect competition or is based upon a concept of cost which is not solely relevant for pricing decision in all cases. what is essential is not so much of current or past costs but forecast of future cost with accuracy.... generally pricing should be such as to increase ..... was published in the government of india gazette dated september 23, 1972. section 3 of the ordinance provides:section 3 'section 10 of the principal act shall be re-numbered as sub-section (1) thereof, and(i) ...(ii) ...(2) notwithstanding anything contained in sub-section (1), but subject ..... based on proper principles and have the prices been determined by following the correct methods and in accordance with section 3(3c) of the act?(4) what is the correct position about depreciation and rehabilitation allowance and the extent to which these have been taken into consideration in price .....Tag this Judgment!
Court : Orissa
Decided on : Mar-13-1972
Reported in : 38(1972)CLT422
..... and on the basis of the report, the learned magistrate should not have taken cognizance at all. in exercise of powers under section 3 of the essential commodities act, 1955 (10 of 1955), the central government made the sugar (control) order, 1966, and the sugar (packing and marking) order, 1970, has been made in exercise of ..... company and the sugar factory violated the above clause as mentioned in column 3 of the prosecution report and liable for punishment under section 7 of the essential commodities act, 1955, as they have not produced the i.s s. grade of sugar.'3. under clause 4 of the order of 1970 the quality of sugar ..... rea is an ingredient of the offence. as was indicated in sweet v. parsley,  a.c. 132 (h.l.) :' mens rea is an essential ingredient of every offence unless some reason can be found for holding that it is not necessary, and the court ought not to hold that an offence is ..... knowledge or that he exercised all due diligence to prevent such contravention. (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to ..... quality the offence is said to have been committed.4. in the instant case the contravention is said to be by a company. section 10 of the act, therefore, applies. it provides: '(1) if the person contravening an order made under section 3 is a company, every person who, at the time .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-21-1972
Reported in : AIR1973Cal28,77CWN84
..... these reasons the preliminary objection against the maintainability of the application is overruled.9. mr. dutt has contended that the powers to issue orders tinder section 3 of the essential commodities act, 1955 ere exercisable by the central government and can be delegated by it to the state government under section 5. the state government as delegatee cannot in law further redelegate its ..... and also if such order is justifiable. the west bengal rationing order, 1964 was framed by the state government in exercise of the powers conferred by section 3 of the essential commodities act, 1950. there was further amendment of the said order in 1969 (vide government of west bengal order no. 2282-f s./fs/14r-52/68 dated april 11, 1969 ..... obvious that if there is a temporary suspension of the appointment of the ration dealer, some arrangements must be made for enabling the ration card holders to obtain the rationed commodities which would not be otherwise available. such arrangement would obviously be temporary pending final orders in the proceeding against the petitioner.16. another point raised by the petitioners is ..... was stated no fundamental rights of the petitioner were involved in the matter. on receipt of the complaint over telephone that the petitioner was realising excess price for rationed commodities from card holders an enquiry on spot was made when the petitioner was not present. it was found that excess charges were in fact realised and thereafter the disciplinary proceedings .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-30-1972
Reported in : AIR1973SC106; (1972)2SCC788; 2SCR757
..... ).3. the newsprint control order 1962 (referred to as the 1962 newsprint order) is made in exercise of powers conferred by section 3 of the essential commodities act 1955 (referred to as the 1955 act). section 3 of the 1955 act enacts that if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supply of ..... distribution of newsprint within the exclusive jurisdiction of parliament for a period of five years from the commencement of the constitution. newsprint is an 'essential commodity' under the essential commodities act, 1955 (see section 2(a)(vii) of the act).93. the bulk of newsprint has to be imported from foreign countries and the central government has a restricted system of import from the ..... and utilise newsprint was not a common law right. it was said to be a special right covered by several statutes. the imports and exports act 1947, the imports control order, 1955, the essential commodities act 1955 and the newsprint control order 1962 were referred to in support of the proposition that if the petitioners asked for a quota of newsprint they had ..... in accordance with the import trade control policy promulgated from time to time.'95. on january 17, 1962, in the exercise of the powers under clause 3 of the essential commodities act, 1955, the central government promulgated the newsprint control order, 1962. clause 3 and schedule i of the order are as follows :3. restrictions on acquisition, sale and consumption of .....Tag this Judgment!
Court : Delhi
Decided on : May-12-1972
Reported in : 1973CriLJ1511
..... to the contention of the petitioners. in this case also, the supreme court was considering the effect of the fruit products order as well as section 6 of the essential commodities act, 1955 on the provisions of the act and the rules framed there under. the contention was urged before the supreme court also that in view of the provisions of section 6 of the ..... be deemed to have been impliedly repealed. this contention was rejected by the supreme court and after considering the scheme and the objects of the essential commodities act, 1955 and the fruit products order on the one hand and the act on the other, it was held that both sets of statutes could exist side by side.the following observations of the supreme court may ..... use of coal tar dye in the manufacture of sauce. it was, further, contended that by virtue of section 6 of the essential commodities act, 1955 the provisions of the fruit products order have an overriding effect over the provisions of the act and the rules framed there under and that, thereforee, he could not be prosecuted for an offence under sections 7/16 of ..... that the petitioners cannot be prosecuted for an offence under sections 7/16 of the act.4. the fact that petitioner sham lai kapur holds a valid license under the fruit products order, 1955 is not in dispute. the said order was passed under section 3 of the essential commodities act, 1955. part xiii (a) of the second schedule of the said order prescribes the following .....Tag this Judgment!