Court : Supreme Court of India
Decided on : Feb-25-1977
Reported in : 1977CriLJ833; (1977)2SCC216; 3SCR78
..... , section 7 provides for punishment for contravention of an order made under section 3.3. in exercise of the powers conferred by section 3 r/w section 5 of the essential commodities act. 1955 the govt. of maharashtra issued the maharashtra scheduled articles (display and marking of prices) order, 1966'. clause 3(a) of that order provide that every dealer shall, in respect of ..... the reasoning of the high court that a mere contravention of clause 3 without the contravention of clause 4 is not contravention within the meaning of section 7 of the essential commodities act, 1955 and cannot therefore be punished. as stated earlier, clause 3 (a) of the order of 1960 imposes an obligation on every dealer to display a list of prices of the ..... of articles specified in schedule i; if he fails to do that, he is guilty of contravention of clause 3 (a) which is punishable under section 7(1) of the essential commodities act, 1955. the additional obligation winch the denier has to discharge is to be ready and willing to sell the articles at the prices displayed; failure to do so is a different ..... which involves a punishment of as long a term as seven years and normally of not less than three months, as provided in section 7(1)(a)(ii) of the essential commodities act, 1955.10. the prosecution did not make any attempt to establish as to what is the true meaning and connotation of the expression 'vanaspati' and what kind of articles or goods .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-14-1977
Reported in : AIR1978SC1; 1978CriLJ1; 1978(1)KarLJ1; 1978MhLJ35(SC); (1978)1SCC27; 1SCR732
..... foodgrains dealers licensing order, 1965 (for short 'the order') issued under section 3 of the essential commodities act, 1955 ('act' for short). the licence enabled him to store for sale and sell foodgrains set out in schedule i to the order. by the terms of the licence the licensee was ..... by the collector of mandsaur confiscating the foodgrains in the quantity of 484 quintals 74 kg. of wheat and 135 quintals 36 kg. of rice under section 6a of the essential commodities act, 1955.2. the petitioner thakur das son of lila ram sindhi who died pending the petition, was a licenced dealer in foodgrains having obtained a licence under the madhya pradesh ..... authority who had exercised its discretion one way merely because the high court took a different view of the matter.5. section, 6a of the act confers power on the collector to confiscate any essential commodity which is seized in pursuance of an order made under section 3 in relation thereto. clause 11 of the order enables the licensing authority to seize ..... the confiscation of the seized foodgrains. section 6a confers a discretionary power on the collector to confiscate seized essential commodity if the seizure is on account of contravention or violation of an order made under section 3 in relation to the commodity. the act envisages two independent proceedings against a person charged with contravention or violation of an order made under section 3 .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-28-1977
Reported in : AIR1977Kant100; ILR1977KAR485; 1977(1)KarLJ187
..... judge continued:'under these circumstances, it is inherent in the object for which the cotton textile (control) order was promulgated in the first place and continued under the essential commodities act, 1955 and the object for which the power was conferred on the textile commissioner to issue directions under clause 20 was to secure cotton textile at fair price for the ..... or yarn and also authorised him to issue directions prohibiting such production. the life of act no. xxiv of 1946 was continued from time to time, until the essential commodities ordinance i of 1955 was promulgated which was later replaced by the essential commodities act, 1955 (act no. 10 of 1955) the act was thus put on the statute book, as a permanent measure. sections 3 and 4 ..... of act no. xxiv of 1916 are similar to ss. 3 and 5 of act no. 10 of 1955. the cotton textiles (control) order, ..... is apparent if one looks at the preamble and the material words used in s. 3 of the essential commodities act, 1955. by s. 3, the central government may, by order provide for regulating or prohibiting the production, supply and distribution of any essential commodity. but the central government has delegated its power to make orders under s. 3, to the textile commissioner .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Dec-02-1977
Reported in : AIR1978MP150
..... show cause notice under section 6b of the act and proposed to confiscate the wheat and trucks. after enquiry, the collector found the applicants to have contravened the provisions of the ..... section 6c of the essential commodities act acts as a persona designate while hearing appeals under section 6a of the act and. secondly, whether a revision would lie against the order of the judicial authority before the high court?'2. it appears that the collector proceeded against the petitioner and 11 others under section 6a of the essential commodities act, 1955 (hereinafter called the 'act'). he served a ..... andh pra) (fb) (supra).10. our answer to the question is that a judicial authority under section 6c of the essential commodities act does not act as a persona designate while hearing appeals from orders under section 6a of the act, but acts as a criminal court inferior to the high court. from the order of the judicial authority, a revision would lie under the ..... outset, for decision by a larger bench.5. having regard to the scheme of sections 6a, 6b and 6c of the act, the policy of the law, becomes abundantly clear. section 6a confers power on the collector of the district, in which the essential commodity is seized in pursuance of an order made under section 3, to order confiscation of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-1977
Reported in : AIR1978SC449; (1978)1SCC520; 2SCR433; 42STC31(SC)
..... in accordance with the directions of the collector. a breach of these provisions is liable to be punished under section 7 of the essential commodities act, 1955 and the goods are liable to be forfeited under section 6a of that act. the a.p. sales tax authorities levied purchase tax on the purchase of paddy made by the procuring agents from the agriculturists and ..... to the extent foreseeable, the controversy whether what is conveniently, though somewhat loosely, called a 'compulsory sale' is exigible to sales tax. when essential goods are in short supply, various types of orders are issued under the essential commodities act, 1955 with a view to making the goods available to the consumer at a fair price. such orders sometimes provide that a person in need ..... of an essential commodity like cement, cotton, coal or iron and steel must apply to the prescribed authority for a permit for obtaining the commodity. those wanting to engage in the ..... cement nor on any one to acquire it. the primary fact, therefore, is that the decision of the trader to deal in an essential commodity is volitional. such volition carries with it the willingness to trade in the commodity strictly on the terms of control orders. the consumer too, who is under no legal compulsion to acquire or possess cement, decides as .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-15-1977
Reported in : (1978)80BOMLR321; 1978MhLJ219
..... below, it would be necessary for us to lay down the correct law and to draw proper conclusions from the facts appearing on the record.13. the history of the essential commodities act, 1955 shows that originally the only penal section was section 7. section 7 itself came to be modified from time to time and the present form of that section is due ..... deshmukh, j.1. this application raises a question of some interest under the provisions of the essential commodities act, 1955 (hereinafter referred to as 'the act') read with the maharashtra scheduled food grains (trade, monopoly) order 1971 (hereinafter called 'the order').2. the facts are not in dispute. the petitioner is a proprietor of an eating ..... stock the petitioner held could always be traced on the basis of documentary evidence.21. what is the object of passing the essential commodities act as also the object of issuing orders under he same act from time to time. the list of essential commodities is not a fixed one or a stable list. the items change from time to time. the government keeps a watch ..... the purpose of adjudication and confiscation by the collector. when a breach is caused of any provisions of the act or order issued under section 3 of the act in relation to any essential commodity, a seizure can be effected by the appropriate officers. the commodity is then required to be produced forthwith without delay before the collector who has been given the right to .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-24-1977
Reported in : 1977WLN88
..... of the accused and four empty bags of fertilizer were also found. all these facts considered in conjunction with presumption allowed to be raised under section 14 of the essential commodities act, 1955 are sufficient to hold that the petitioner was a dealer in fertilizer.4. the next contention of the learned counsel for the petitioner is that in the first information ..... appreciation (sic) evidence. i, therefore, hold that the learned sessions judge, bhilwara was correct in upholding the conviction of the accused petitioner under section 3/7 of the essential commodities act.11. now remains the question of the sentence. the learned counsel for the petitioner urged that the accused petitioner is an old and respectable man and he should not be ..... the fertilizer control order. 1957. on the basis of the above findings the learned magistrate held the accused guilty of the offence punishable under section 3/7 of the essential commodities act and sentenced him to three months' simple imprisonment and a. fine of rs. 1000/-, in default of the payment of which to suffer further simple imprisonment for one ..... marked currency note was also recovered from the possession of the accused petitioner. after usual investigation the police submitted a challan against the accused under section 3/7 of the essential commodities act in court of the chief judicial magistrate, bhilwara. the accused pleaded not guilty to the charge. the statements of balu and magna corroborated by the first information report, .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-02-1977
Reported in : AIR1977Kant213; ILR1977KAR1217
..... -clause would evidently cover subordinate legislation made by the state government or its officers in exercise of the powers conferred on them by the parliamentary enactments, like the essential commodities act, 1955 or the motor vehicles act, 1939. that appears to -be the frame and tenor of sub-cls. (e) and (f).11. the learned counsel for the state, however, strongly relied on the absence ..... power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away, as observed by the supreme court in ram jawaya v. state of punjab, : 2scr225 . but the supreme court has made it quite clear in g. j. fernandez v. state of mysore, : 3scr636 that art. 162 does not confer any power on ..... judges.' 4. with these preliminary observations, we may now proceed to peruse the definition of ',state law'. it is defined under art. 366(26a) to mean:'(a) a state act or an act of the legislature of a union territory;(b) an ordinance promulgated by the governor of a state under art. 213 or by the administrator of a union territory under ..... ), in our view. refer only to statutory instruments. which are another specie of delegated legislation. the following passage from bindra's interpretation of statutes* lends support to our view:'the act of parliament which delegates the power may in so many words lay down that 'regulations', 'rules, 'orders', 'warrants', 'minutes?, 'schemes', 'bye-laws', or other instruments - for delegated legislation appears .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-06-1977
Reported in : (1979)81BOMLR87; 1978MhLJ260
..... of the licence issued to him as an authorised dealer under clause 3 of the maharashtra foodgrain dealers' licensing order, 1963. this is issued under section 3 of the essential commodities act, 1955. every dealer under these provisions has to notify the place of business and get it entered upon his licence. if he wants to change the place of business or ..... are purely provisional and meant for the speedy disposal of essential commodities pending the usual long drawn trials in courts.28. examining the scheme of the essential commodities act, 1955 as a whole, we think that the liability created under this act is two-fold. when any orders or rules are breached in relation to certain essential commodities they are liable* to be seized and produced before ..... place for business, which is not so notified, is an offence. it means that the breach of rule is made punishable under section 7 of the essential commodities act. the essential commodities act will be hereinafter referred to as 'the act' and the maharashtra foodgrain dealers' licensing order, 1963, will be referred to as the 'order'.3. raids were conducted on august 12, 1972, at ..... the facts were slightly different. in state v. c.k. asscdnar : air1969ker151 , the accused was being prosecuted under the provisions of sections 7 and 8 of the essential commodities act. the goods seized were produced before the collector though a challan was filed in the magistrate's court. the accused applied for a direction to transfer the goods from the .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-21-1977
Reported in : (1977)6CTR(Bom)424; 41STC184(Bom)
..... consider a similar question under the mysore sugarcane (regulation and supply) order, 1963, and the mysore sugarcane (regulation and supply) (munirabad) order, 1965. sugarcane was declared to be an essential commodity under the essential commodities act, 1955. under the said orders a minimum price of sugarcane was fixed, areas where sugarcane was grown were reserved to the factories of the appellants, and the annual quantity of ..... is popularly known as the 'red book' by reason of the provisions of the non-ferrous metals control order, 1958, made by the central government under s. 3 of the essential commodities act, 1955. under the said order copper unwrought in the form of ingots, blooms, clabs, cakes, tiles, bricks, blocks, billets, cathodes, blister bars, electrolytic wire bars and ingot bars is non-ferrous ..... . what the non-ferrous metals control order, therefore, envisages is a contract between two parties in respect of a commodity declared to be an essential commodity under the essential commodities act, 1955, subject to the regulatory provisions necessitated by the requirements of the supply and distribution of an essential commodity. in a modern state where economic factors have to be taken into account in view of the complexities of .....Tag this Judgment!