Court : Supreme Court of India
Decided on : Feb-05-1982
Reported in : AIR1982SC798; 1982(1)SCALE89; (1982)1SCC610; 3SCR196; 1982(14)LC178(SC)
..... purpose of regulating its sale or supply. this contention has been negatived by the high court.3. it is true that the power conferred by section 3(1) of the essential commodities act, 1955, can be exercised by the central government or its delegate, only if it is of the opinion that it is necessary or expedient to provide for the regulation of any ..... rice bran. they also have an associate rice milling and husking plant which is run under the name and style of jagdamba rice mills, traori.2. section 3 of the essential commodities act, 10 of 1955, empowers the central government, under the circumstances stated in that section, to issue notified orders providing for the regulation of production, supply and distribution of any ..... order to sustain growth is food.7. we are therefore of the opinion that rice bran being a foodstuff within the meaning of section 2(a)(v) of the act, it is an essential commodity and therefore, the power conferred by section 3 can be used to regulate its production, sale or supply.8. the affidavits filed on behalf of the state of ..... which it was held that rice bran is 'cattle fodder' within the meaning of section 2(a)(i) of the act. we need not go into that question since we are of the view that rice bran, being a foodstuff, is an essential commodity.10. the decisions in the state of bombay v. virkumar gulabchand shah  2 s.c.r. 877 and .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-16-1982
Reported in : 1982CriLJ2024
..... the production, supply or distribution of, of trade and commerce in, any commodity essential to the community; (b) dealing in any commodity (i) which is an essential commodity ad defined in the essential commodities act, 1955, or (ii) with respect to which provisions have been made in any such other law as is referred to in clause ..... directing that such person be detained. for the purpose of this sub-section, the expression 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' means (a) committing or instigating any person to commit any offence punishable under the essential commodities act, 1955, or under any other law for the time being in force relating to the control of ..... (a), with a view to making gain in any manner which may directly or indirectly defeat or tend to defeat the provisions of that act or other ..... community and therefore, you are ordered to be detained under section 3(1)(b)(i) of the prevention of blackmarketing and maintenance of supplies of essential commodities act 1980 to prevent you from indulging on such acts in the public interest'. 3. the learned counsel for the petitioner submitted that the petitioner has sent the petition dated 17-6-1982 through .....Tag this Judgment!
Court : Chennai
Decided on : Jul-20-1982
Reported in : AIR1983Mad316; (1983)2MLJ368
..... dealers. in the year 1973, the government promulgated the tamil nadu kerosene (regulation of trade) order 1973, in exercise of the powers conferred on it under section 3 of the essential commodities act, 1955. the order came into force on the 14th nov., 1973. the order was promulgated for ensuring an equitable distribution of kerosene at fair price. the order provided for appointment of ..... not be open to them to make an executive order contrary to the system provided under the orders promulgated in exercise of the power conferred under s. 3 of the essential commodities act. the bench also observed that the restriction authorising the private retailers who depended solely on the kerosene trade for their livelihood was not warranted by the regulation order as such ..... if the government wanted to introduce a new system of distribution of kerosene a new order should have been promulgated in exercise of their powers under s. 3 of the essential commodities act.4. in similar circumstances, two persons holding retail registration certificates had also filed w. ps 7090 and 7091 of 1981, challenging the validity of g. o. ms. no. 234 ..... a new system of distribution other than that found in the order of 1973, they should have promulgate an order in exercise of the powers under section 3 of the essential commodities act, and that it was not open to the government to deprive any retail dealer who had also got registration under the licencing authority of their legitimate claim for doing business .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-12-1982
Reported in : 1982(1)BomCR367
..... , cement was included as a 'scheduled industry' as defined by section 3(1) of that act. by central government order dated 24th november, 1962, cement was included as an essential commodity under section 2(xi) of the essential commodities act, 1955. delegation of powers to the state government was effected by central government order dated 18th june, 1966. by reason of the increasingly acute shortage ..... no parallel can be drawn between that case and the present, where nexus between allotments and donations has unmistakably been established. it is impossible to hold that allotment of an essential commodity like cement for donation is reasonable or conducive to public interest. arbitrariness and mala fides are writ large. 49. it was urged by mr. sen that the petitioners' ..... from several other builders donations were received but no allocation was made. and the principle involved is that there can be no quid pro quo in allotment of an essential commodity, however, laudable the object of the charity donated to may be considered to be. it cannot be said in defence or mitigation that the donations were openly received ..... union of india. 3. it is the petitioners' case that as social workers and members of 'samajwadi manch', an organisation committed to seeing that sale and distribution of essential commodities is done in an equitable manner, they received several complaints from the public that cement was not available from the rationing offices either for building or repair work, that bona .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-17-1982
Reported in : AIR1983Guj64; (1983)1GLR378
..... . t. mehta who appeared on behalf of the state firstly urged that the suits were not maintainable in view of section 15(2) of the essential commodities act, 1955. section 15(2) runs as under:'15(2). no suit or other legal proceeding shall lie against the government for any damage caused or likely to ..... being decided by a common judgment.1 to 3. xxxxx 4. the government of india had passed an act no. 10 of 1955 known as 'the essential commodities act, 1955'. in exercise of the powers conferred by section 3 of that act the government of gujarat had passed an order called. 'the gujarat rice procurement (levy) order, 1966 ..... so far as the state is concerned.'13. now in these matters the learned assistant government pleader tried to rely on article 91 (b) of the limitation act, 1963, which runs as under:--description of suitperiod of limitationtime from which period beginsto run.'xxx xxxxxxxxxx91. for compensation. - (a) xxx xxxxxxxxx(b) for ..... in levy under any legal order. therefore, when there was no legal order, any amount of good faith would not help a person if he acts not in pursuance of any order but against the order as in the eye of law order never existed. therefore, the first submission of the learned ..... done in pursuance of any order made under section 3.'what was submitted to us was that an order under section 3 was passed and the officers acted in good faith and, therefore, if any damage was caused, the suit was not maintainable. the first thing, therefore, which was required to be .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-01-1982
Reported in : AIR1982All236
..... allot what has been described as 'concessional rate cultural variety of white printing paper' used for the purpose of fabricating exercise books.2. 'paper' is an essential commodity as defined in section 2(vii) of the essential commodities act, 1955, under the scheme of allocation of paper to various states, the controller (paper), government of india makes statewise allocation of paper of the aforesaid variety as ..... of the group.2. such differentiation must have a rational relation to the object sought to be achieved by the act.3. there must be a nexus between the differentiation, which is the basis of the classification and the object of the act.' we will assume that the classification in the case in hand was founded on intelligible differentia, in that the .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-05-1982
Reported in : 1982(1)BomCR556
..... , 1970.2. it is alleged that the applicant has committed the breach of the condition no. 2(b) of the above order read with sections 7 and 8 of the essential commodities act, 1955. it is further alleged that the applicant is manufacturer of vanaspati oil having factories at bhandup and sewree and both these factories are registered as an industrial undertaking under the ..... to be understood in very different context. to carry on business would mean that main activity of the dealer must relate to the act of purchase, act of storage for sale or act of sale. unless the person concerned to the acts referred to above, it is not possible to say that he is carrying on business of that type. here the business relates .....Tag this Judgment!
Court : Delhi
Decided on : Apr-01-1982
Reported in : 1998(3)DRJ240
..... issued an order stayed 'delhi (milk and milk products control order, 1979' (for short the order) under section 3 of the essential commodities act, 1955 (hereinafter referred to as the act). the order was promulgated for the purpose of maintaining and increasing the supplies of milk and for securing its equitable distribution in the union ..... offence by virtue of she provisions of the order and prosecution for the same could not be launched after its expiration notwithstanding that the act under which the order was issued was still in force. the gravamen of of the charge was the violation of the order during the ..... althoughregulation 2a had expired before his trial he was properly convicted, since section 11, sub-section 3 did not expire with the rast of the act, being designed to preserve the right to prosecute after the date of expiry.'(6) however, this decision was distinguished by the supreme court on ..... but cannot justify initiation of a new proceeding which will not be thing done or omitted to be don eunder the rule but a new act of initiating a proceeding after the rule had ceased to exist. on this interpretation the complaint made for the offence under rule 132a(4) ..... a milk product. hence, prosecution was launched against the petitioner for contravention of the order which constituted an offence punishable under section 7 of the act. however, it was subsequent to the expiration of the order.(2) the petitioner moved an application, inter alia, contending that the order having .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-24-1982
Reported in : AIR1983AP206
..... feed sale order was made by the government of andhra pradesh with the prior concurrence of the central government in exercise of the powers conferred by s. 3 of the essential commodities act, 1955 read with the government of india, ministry of industry and civil supplies (department of civil supplies and co-operation) orders no. g.s. r. 681 (e) and no. g.s ..... . manufacturing cost and reasonable return on the capital employed in the business was founded on the construction that sub-secs. (3) (3a) (3b), and (3c) of sec. 3 of the essential commodities act, 1955 constitute a single scheme and what is implicit in sub-section (3) is made explicit in sub-section (3c)'.the power to fix controlled price is in sec. 3 (2 ..... ) (c) read with sec 3 (1) and not in sec. 3 (3) of the 1955 act. in sub-sec. (2) (c) of sec. 3 it is stated that the order may provide for controlling the price at which any essential commodity may be bought or sold. the dominant words in sec. 3 (1) are that if the government is of ..... sum up our conclusions:(1) the andhra pradesh live stock feed (levy) and restriction on sale order, 1981 is not ultra vires the powers conferred by s. 3 of the essential commodities act: (2) the solvent extracted rice bran, solvent extracted groundnut oil cake, colvent extracted cotton-seed oil cake which are used in the preparation of dairy and poultry feed are .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-23-1982
Reported in : AIR1983Cal307,87CWN450
..... propriety and legality of five orders of the central government, all dated oct. 4. 1979 under the aluminium control order, 1970 passed under section 3 ef the essential commodities act, 1955. the legality and constitutional validity of the provisions of clauses 4a and 4b of the aluminium control order were also challenged in the writ application.2. at all ..... the growth, development and maintenance of the economy. the central government by virtue of its power under clause (xi) of section 2 of the essential commodities act, 1955 declared aluminium to be an essential commodity by a notification dated june 29, 1957.5. the demand for aluminium has been rising because of massive investment in generation, transmission and distribution of ..... relating to the fixation of the_price of an essentialcommodity. the price control order is to achieve the objectives of section 3 of the essential commodities act, namely, for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices. the court will consider whether such objectives have been achieved by the ..... sale price including the retention price belongs to the producer concerned, namely, hindalco. in elaboration of this contention, the learned counsel submits that section 3 of the essential commodities act contemplates the fixation of one price, that is, the sale price which the seller is legally entitled, without any statutory interference to retain the entirety of the .....Tag this Judgment!