Court : Allahabad
Decided on : Apr-16-1974
Reported in : AIR1975All239
..... payment of additional price of sugarcane purchased by them.3. in exercise of its power under section 3 of the essential commodities act. 1955, hereinafter called the '1955 act', the central government issued an order styled as the sugarcane (control) order, 1955, hereinafter referred to as the '1955 order', which by its clause 3 fixed the minimum price of sugarcane to be paid by the producers of sugar ..... orders before both the houses of parliament. then the explanation to section 2 of the said act is as follows:--'in this section 'sugarcane (control) order' means the sugarcane (control) order, 1955 made under section 3 of the essential commodities act, 1955 (10 of 1955) by notification of the government of india in the ministry of food and agriculture, s. r. o. no. ..... which provision has been made in clause 3-a and the schedule of 1955 order. this is clearly borne out by the object of the said act which says that 'the object of the act is to empower the central government to amend the sugarcane (control) order, 1955 issued under the essential commodities act, 1955 retrospectively in matters of detail and for the laying down of such ..... was the only operative provision, reads thus:--'2. notwithstanding that no provision has been made in section 3 of the essential commodities act, 1955, for making an order under that section with retrospective effect, the central government may, if satisfied that public interest so requires, by order notified in the official gazette, amend .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-19-1974
Reported in : AIR1975AP126
..... entitled to enforce through an application under article 226 of the constitution the representation made to them by the government, be it central or state, on the basis of the essential commodities act, 1955, the fertiliser (control) order 1957, g. o. ms. no. 1896 dated september, 10, 1970 and other connected circulars issued and agreements entered, provided that the representation does not suffer from ..... now examine the facts of this case.56. this is a case pertaining to the distribution of chemical fertilisers. that commodity was declared to be an essential commodity for the purpose of the essential commodities act, 1955 referred to hereinafter merely as 'the act'. the purpose of the act, as its preamble discloses, is to provide, in the interests of the general public for the control of the production ..... pradesh government and distribute them to the ryots, as per the terms of the licence granted to them under fertiliser (control) order, 1957 read with the provisions contained in the essential commodities act, 1955 and in accordance with the terms and conditions that may be laid down by the government from time to time.3. the government of andhra pradesh, as per their g .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-30-1974
Reported in : AIR1975SC460; (1974)2SCC630b; 1SCR956
..... established practice of providing protection for action taken by the govt. and its officers for actions of the nature sought to be quashed by the appellants, section 15 of the essential commodities act, 1955, lays down :15(1) no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in ..... is not shown to be so patently unreasonable as to be in excess of the power to fix price. this power is confined to fixation for the purposes mentioned in essential commodities act, 1955. in any case, the appellants' objections could form the subject matter of representations which could have been made to the government by each of the parties affected. if their case ..... which the price control is sought to be imposed,' and, it indicated that the decision in that case was based on a 'special agreement' involved there. the purposes of the essential commodities act were thus explained (at p. 490) :the question of fair price to the consumer with reference to the dominant object and purpose of the legislation claiming equitable distribution and availability ..... , in the writ. petitions filed in the high court for quashing the impugned notification and appropriate orders in the nature of mandamus, the validity of section 3 of the essential supplies act 10 of 1955, as well as of the sugar (control) order, 1966, issued under it were questioned. but, before us, the appellants have confined their arguments to contentions based on .....Tag this Judgment!
Court : Allahabad
Decided on : May-24-1974
Reported in : AIR1975All183
..... maintaining the supplies of liquid milk and for securing its equitable distribution and availability in certain areas: now, therefore, in exercise of the powers under section 3 of the essential commodities act, 1955 (act no. 10 of 1955) real with government of india, ministry of food, agriculture, community development and co-operation (department of food) order no. g.s.r. 1111, dated july 24, 1967, as .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Aug-27-1974
..... 227, wherein he has called in question the order of confiscation and sale made by the collector of una under section 6-a of the essential commodities act, 1955, in respect of 27 bags of maize and 19 bags of wheat said to be stored at the shop known as 'm/s. hem raj ..... the code of criminal procedure must be displaced by the special provision provided by section 6-a of the essential commodities act. 1955. in my opinion, the amended provisions of section 6-a of the act impliedly limit the powers of the criminal court in the matter of disposal of foodgrains etc. which are ..... of disposal of the confiscated property is very much inherent in the order of confiscation itself passed under section 6-a.6. the learned, counsel essentially argued that the provisions contained in section 516-a of the code of criminal procedure applied, and unless an enquiry or trial was pending before ..... with these allegations it was pleaded that the petition was misconceived and must be dismissed.5. the jurisdiction of high court under article 227 is essentially meant to keep a subordinate tribunal within the. bounds of its authority. if the order is, not manifestly incorrect and the only purpose behind ..... show cause against the order of confiscation. the decision regarding sale was an essential consequence that followed the order of confiscation. as such the order of sale is very much contemplated under section 6-a of the act. while showing cause, the petitioner never stated that the collector bad no jurisdiction .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Feb-13-1974
Reported in : AIR1975P& H364
..... orderm.r. sharma, j. 1. on 5th april, 1973, the governor of haryana in the exercise of the powers conferred upon him by section 3 of the essential commodities act, 1955, read with the powers conferred upon him under government of india, ministry of agriculture (department of food) notification dated 20th june, 1972, and all other powers enabling him in this ..... are not fair. in support of his submission he has placed reliance upon narendra kumar v. union of india, air 1960 sc 430. in this case, section 3 of the essential commodities act. 1955, has been interpreted and it has been observed that these provisions confer power to provide for regulation or prohibition of production, supply and distribution of any ..... the contention that no 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 production, supply and distribution ..... . prior to the issuance of the aforementioned orders by the state of haryana, the central government, in exercise of the powers conferred upon it by section 3 of the essential commodities act (no. x of 1955), promulgated an order known as the inter-zonal wheat and wheat products (movement control) order, 1973, on 31st march, 1973. this order shall hereinafter be referred to as .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-20-1974
Reported in : AIR1975SC726; 1975CriLJ605; (1975)1SCC314; 1975(7)LC104(SC)
..... grains prices and stocks (display and control) order, 1967. this is an order passed by the governor of bihar in the exercise of powers conferred by section 3 of the essential commodities act, 1955 read with the order of the government of india in the ministry of commerce published under notification no. s.o 1844 dated 18-6-1966, with the concurrence of the ..... kept by him for sale. clause 7 provides for powers of entry, inspection, search and seizure.6. the ground in effect stated that the petitioner had hoarded and concealed the essential commodities, namely, match boxes and soaps (which are specified in schedule i) in his business premises and also in his residential house which is separate from the business premises that he ..... -6-1974 states :on a surprise inspection by the district supply officer, chapra, on 10-6-1974, it was found that he had hoarded and concealed the following stock of essential commodities in his shop :(1) match boxes sankh brand-7 bundles-15 dozen (one bundle = 60 dozen)(2) match boxes tank brand-2 bundles 32 dozen.(3) match boxes sanpagam flower ..... his business premises was that he wanted to hoard and conceal them. this would create scarcity of the commodities in the market and vitally affect the maintenance of services and supplies essential to the community.8. it is, no doubt, true that clause 5 of the order only provides that a dealer shall not refuse to sell to any person any scheduled .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-29-1974
Reported in : AIR1975Kant67; ILR1975KAR415
..... void as contended for the petitioners.2. the said order was made by the state government in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (central act 10 of 1955) (hereinafter called 'the act'), read with s. o. no. 1844, dated the 18th of june, 1966 issued by the government of india. it was made on 13th december, 1971, and published ..... woollen textiles, etc. by section 2(a)(xi) authority was conferred upon the central government to declare by notification, any other commodity as an essential commodity for the purposes of the act; that is, in addition to the commodities already defined under the act. by section 3(1), authority was conferred upon the central government so far as it appeared to be necessary or expedient for ..... examine the contention, it is necessary to have a close look at the relevant provisions of the act. the act was intended to provide in the interest of the general public, power to control production, supply and distribution of, and trade and commerce in certain commodities. 'essential commodity' was defined under section 2(a), as inclusive of various articles, like cattle fodder, coal, component parts .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jul-29-1974
Reported in : AIR1975MP125; 1974MPLJ877
..... reproduce them in detail, but the controller had the power to give directions in that behalf.4. thereafter in exercise of the powers conferred by section 3 of the essential commodities act, 1955, (no. 10 of 1955) read with the notification of the government of india in the ministry of food, agriculture, community development and co-operation (department of food) no. g. s. r. 906 ..... an industrial undertaking, as per letter, dated 1-6-1957 (petitioner's annexure a). in exercise of the powers conferred by sub-section (1) of section 3 of the essential supplies (temporary powers) act, 1946 (xxiv of 1946) and in supersession of the vegetable oil products control order, 1946, the central government made an order, known as the vegetable oil products control ..... the rules of interpretation and would lead to an absurdity. the same principle was laid down by their lordships of the supreme court in tirath singh v. bachittar singh. air 1955 sc 830 wherein their lordships laid down that the rule of construction should be that anv language leading to manifest contradiction should be avoided. we have no quarrel with that ..... governing legislation is not wholly clear. as stated by the supreme court, 'it is the settled rule that the practical interpretation of an ambiguous or doubtful statute that has been acted upon by official charged with its administration will not be disturbed except for weighty reasons'. 'the above passage makes it clear that the interpretation placed on a statutory provision by .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-19-1974
Reported in : AIR1975Kant77; ILR1974KAR711; 1974(2)KarLJ305
..... inspected the rice mill belonging to the second respondent and seized 2307 bags of paddy in exercise of the powers vested under the essential commodities act, 1955, hereinafter called the act. the deputy commissioner, chitradurga, who is the authority empowered under the act to adjudicate confiscation, issued notice to the second respondent to show cause why the paddy seized should not be confiscated. in response to ..... writ petition no. 1264 of 1974 in this court, and, when the matter came up for preliminary hearing before jagannatha shetty, j., it was dismissed on the ground that the act provides an adequate alternate remedy by way of appeal and therefore the writ petition is not maintainable. aggrieved by the said order, the appellants have preferred the above appeal.4 .....Tag this Judgment!