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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Year: 1982 Page 3 of about 94 results (0.068 seconds)

Oct 01 1982 (HC)

Govind Karsan and Co. Vs. State and anr.

Court : Gujarat

Decided on : Oct-01-1982

Reported in : (1983)1GLR145

..... a licence of 'wholesaler' under the provisions of the gujarat pulses edible oil seeds and edible oil dealers licensing order, 1977 (the order is issued under the provisions of the essential commodities act, 1955). a search was carried out at his premises in the month of january 1981 and it was found that the stock of groundnut was in excess of prescribed limit. therefore ..... quantity of groundnut found in excess of the permissible prescribed limit? in this connection it may be pertinent to point out that the essential commodities act has been enacted in the year 1955 with the preamble which reads as under:an act to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce ..... the petitioner calling upon him to show cause for the excess stock and to show cause why the groundnut in question should not be confiscated under the provisions of the essential commodities act. it was mentioned in the notice that 228 bags of groundnut were not credited and that the entire stock found was to the extent of 57,488 kgs. of ..... would mean that indulgence in hoarding and in contravention of the provisions of the essential commodity act and the orders passed thereunder would prove to be profitable to the dealer. on the other hand, if this commodity is disposed of as per the provisions of section 6a(2) of the act, the essential commodity will immediately enter into the stream of supply. the situation of artificial shortage .....

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Oct 13 1982 (HC)

Baldev Traders Vs. State of Raj. and anr.

Court : Rajasthan

Decided on : Oct-13-1982

Reported in : 1982WLN687

..... 226 of the constitution of india challenging the rajasthan rice procurement (levy; order, 1981.2. the state of rajasthan in exercise of the powers conferred by section 3 of the essential commodities act, 1955 read with the government of india, ministry of agriculture (department of food) order published under gsr 360, dated june 9, 1978, and with the prior concurrence of the central ..... liability on them to pay the contractual price to their principles.9. the object of the essential commodities act, 1955 is to provide for the control of the production, supply and distribution of, and trade and commerce in, certain commodities essential for human being in the interest of the general public it essentially deals as one of the subjects 'control of production, supply and distribution of ..... hand they will be liable to pay the sale-price to the real owners of the stock according to the contract between them. there is no provision in the essential commodities act or in the levy order making the petitioners immune from extra liability to the real owners of the stock.7. it has also been contended that the levy order ..... merely commission agents i.e. artiyas.5. the petitioners have thus challenged the levy order as unconstitutional and contrary to the provisions of section 3 of the essential commodities act (hereinafter referred to as 'the act'), and also violative of article 14 of the constitution of india.6. it is contended by learned counsel for the petitioners that (he case of the petitioners .....

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Jun 10 1982 (HC)

State of Maharashtra and A.R. Antulay Vs. Padmakar Balkrishna Samant

Court : Mumbai

Decided on : Jun-10-1982

Reported in : (1982)84BOMLR427

..... inspection of documents to the petitioners and for not fully and completely disclosing documents in the possession and control of the appellants.103. since 1962 cement has been an essential commodity under the essential commodities act, 1955, and in the state of maharashtra the sale and distribution of cement were controlled and regulated by the maharashtra cement (licencing and control) order, 1973. in ..... procedure laid down in the cement control order and the said government resolution dated september 12, 1978. the petitioners have stated that the entire effort was to trade in essential commodity as though it were private property.99. the learned single judge passed order as stated above, which is the order under appeal. the learned judge held:(a) read ..... original petitioners. they are social workers. they are members of an organisation known as 'samajwadi manch', an organisation committed to ensuring that the production, distribution and sale of essential commodities is carried out in a manner which best subserves the common good. the first appellant is the state of maharashtra and the second appellant was at the relevant time ..... no. 1, they were trusts under the 2nd respondent's sole control. in these circumstances it has been urged that receipt of huge donations from persons who obtained an essential commodity such as cement disclosed a nexus between the two, viz., allocation of cement after donations to the controlled trusts. reference is also made to various utterances of the .....

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Jul 28 1982 (HC)

Smt. Savitri Kapur and ors. Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Jul-28-1982

Reported in : 1983CriLJ1135

..... orderm.m. punchhi, j.1. what is the mutual regard between sections 6a and 7(1)(b) of the essential commodities act, 1955 (hereinafter referred to as the act), is the legal question which requires to be answered in this petition under section 482 of the criminal p.c. the jurisdiction of this court has been invoked not only ..... 289.24 quintals. the state of haryana had in the meanwhile promulgated haryana wheat (restriction on stock by producers) order, 1973 in exercise of powers under section 3 of the essential commodities act. since the said kapur was suspected to have violated the provisions of the aforesaid order a raid was conducted by the officials of the food and supply department, as also ..... the order of confiscation (forfeiture) of the foodgrains. he had directed the police to take action under section 6a of the essential commodities act and to obtain the orders from the collector of the district in accordance with the provisions of that act. seemingly it was to achieve the object that if the collector had disposed of the confiscated foodgrains made available to him ..... no order for the restoration of the property. instead i direct that the police would take action under section 6a of the essential commodities act and would obtain orders from the collector of the district in accordance with the provision of that act. the order of the learned trial magistrate by which the excessive stock, namely wheat weighing 121.24 qtls. was confiscated, is .....

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May 07 1982 (HC)

Mahindra and Mahindra Ltd. and Others Vs. Union of India and Others

Court : Delhi

Decided on : May-07-1982

Reported in : [1983]53CompCas409(Delhi); (1983)36CTR(Del)153; ILR1983Delhi856; [1983]141ITR174(Delhi)

..... on the business of manufacture and sale of agricultural tractors and agricultural implements. itci was manufacturing agricultural tractors and allied agricultural implements which were and are an essential commodity under the essential commodities act, 1955. 3. itci commenced production within three years of its incorporation and from then onwards was carrying on the business of manufacture and sale of tractors and allied ..... for the development of agriculture in the country, which is so vital to the growth of the nation. tractors have been declared an essential commodity under the essential commodities act, 1955; (ii) because of itci's parlous financial position as stated above, itci was facing the prospect of immediate closure. such closure would have resulted not ..... was accepted by the specified authority as well as by the central govt. the condition of the public interest of the amalgamation is clearly fulfillled. 14. the other essential condition to be satisfied for issuing a declaration under s. 72a(1) is that the amalgamating company was not, immediately before such amalgamation, financially viable by reason ..... notification in the official gazette, specify for the purposes of s. 72a. the effect of such declaration is, that notwithstanding anything contained in any other provision of the act, the accumulated loss and the unabsorbed depreciation of the amalgamated company for the previous year, in which the amalgamation was effected. an additional statutory function of the specified .....

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Oct 15 1982 (HC)

Yusufbhai Mahamud Hafezi Vs. State and ors.

Court : Gujarat

Decided on : Oct-15-1982

Reported in : (1983)1GLR433

..... (licensing, control and stock declaration) order, 1981, and that thereby he had committed an offence punishable under section 3 read with section 7 of essential commodities act, 1955, in view of the role played by him in the clandestine disposal of the cement in black market.8. before we proceed to consider the challenge formulated under ..... 2) of section 3 of the prevention of black marketing and maintenance of supplies of essential commodities act, 1980 (hereinafter referred to as 'the act') upon being satisfied that the detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community. the order of detention, annexure 'a', is dated september 10 ..... exercise the power of detention upon being satisfied that it is necessary to detain the person concerned, 'with a view to preventing him from acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community'. it is settled law that the exercise of such power is dependent on the subjective satisfaction of the detaining authority and ..... , inter alia, on the basis of the alleged activities carried on by the petitioner since long time past with a view to prejudicially affecting the maintenance of supplies of commodities essential to the community, more particularly, cement; such satisfaction is vitiated because:(a) the relevant portion of the grounds ex facie discloses non-application of mind on the part .....

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Jan 16 1982 (HC)

Ayodhya Prasad Vs. Union of India (Uoi) and anr.

Court : Madhya Pradesh

Decided on : Jan-16-1982

Reported in : AIR1983MP39

..... much water has flown on this question and the correctness of this decision is quite doubtful. there is a similar provision about appeal in the essential commodities act, 1955. section 6c provides for appeal to a judicial authority appointed by the m. p. state government, i.e. sessions judge, against the order ..... p., air 1978 sc 1 had held--'when the sessions judge was appointed an appellate authority by the state government under section 6c of the essential commodities act, what the state government did was to constitute art appellate authority in the sessions court over which the sessions judge presides. the sessions court ..... oral explanation of the grounds by the authorities is not sufficient. the supreme court in these cases were considering detention under the preventive detention act and article 22(5) enjoined that as soon as may be order of detention has to be communicated and the detenu to be afforded ..... to the high court and the order being 'a case decided' a revision against such order under section 139 (5), m. p. municipalities act is tenable under section 115, civil procedure code.'so the revisions are quite competent.5. now regarding merits first objection is that show cause notices were in ..... evicted. the applicants then preferred miscellaneous civil appeals nos. 37 and 38 of 1980 before the district judge, jabalpur, under section 9 of the act. by common order dated 12-3-1980. both the appeals have been dismissed by the district judge, holding that the orders of the estate .....

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Sep 23 1982 (HC)

Balasaheb Desai Sahakari Sakhar Karkhana Ltd. Vs. Union of India and O ...

Court : Mumbai

Decided on : Sep-23-1982

Reported in : 1982(10)ELT866(Bom)

..... ;(c) 'levy sugar' means sugar required by the central government to be sold under an order made under clause (f) of sub-section (2) of section 3 of the essential commodities act, 1955 (10 of 1955);(d) 'sugar year' means the period of twelve months commencing on the 1st day of october and ending with the 30th day of september next following.3. where production ..... exempts sugar, described in column (2) of the table below and falling under sub-item (1) of item no. 1 of the first schedule to the central excises and salt act, 1944 (1 of 1944), from so much of the duty of excise leviable thereon as is specified in the corresponding entry in column (3) and (4) of the said table ..... , bombay.2. the petitioners are carrying on business of manufacturing sugar falling under tariff item 1(1) of the first schedule to the central excises and salt act, 1944 (hereinafter referred to as the act). the petitioners secured licence to establish factory on september 19, 1970 and commenced production at their factory situated at daulatnagar in patan taluka of satara district in .....

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Mar 12 1982 (HC)

V. Kuppusamy Vs. State of Tamil Nadu, Represented by Secretary, Depart ...

Court : Chennai

Decided on : Mar-12-1982

Reported in : (1982)2MLJ278

..... view of the acute shortage of food-stuffs in the country, the government is bound to take all effective steps to implement the provisions of the essential commodities act (1955) and the various orders issued under section 3, thereof, from time to time. the conferal of the power of suspension of the licence of ..... state his objections.4. it is true that under section 23(4), which came to be introduced by the tamil nadu prohibition (second amendment) act li of 1981, the authority concerned is empowered to suspend the licence without affording an opportunity to the holder of the licence to state his objections ..... any other point before me. in substantiation of his submission, the learned counsel has drawn my attention to the entirety of section 23 of the act and would submit that under section 23(3) the power of suspension could be exercised only after giving an opportunity to the holder of the ..... charges, against the petitioner.2. mr. g. gopinath, learned counsel for the petitioner, would attack sub-section (4) of section 23 of the act under which the impugned order has been passed by stating that the said provision is violative of article 14 of the constitution of india. he has ..... petitioner on 27th january, 1982, by the assistant commissioner (excise), thanjavur; and opining that a prima facie case for violation of the provisions of the act and certain rules, 1981, and condition no. 4 of the licence, the second respondent suspended the licence of the petitioner. it has been clearly stated .....

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Mar 12 1982 (HC)

V. Kuppusamy Vs. State of Tamil Nadu and ors.

Court : Chennai

Decided on : Mar-12-1982

Reported in : AIR1983Mad222

..... in view of the acute shortage of foodstuffs in the country, the government is bound to take all effective steps to implement the provisions of the essential commodities act (1955) and the various orders issued under s.e thereof from time to time. the conferral of the power of suspension of the licence of a ..... permit to state his objections'.it is true that under section 23 (4), which came to be introduced by the tamil nadu prohibition (second amendment) act 51 of 1981, the authority concerned is empowered to suspend the licence to state his objections. if section 23 (4) is taken to be a taken ..... urged any other point before me. in substation of his submission, the learned counsel draws my attention to the entirety of section 23 of the act and would submit that under section 23 (3) the power of suspension could be exercised only after giving an opportunity to the holder of the licence ..... disposal of the charges against the petitioner.2. mr.g.gopinatha learned counsel for the petitioner, would attack subsection (4) if section 23 of the act, under which the impugned order has been passed, by stating that the said provision is violative of art 14 of the constitution of the india. he ..... petitioner on 27-1-1982, by the assistant commissioner (excise) thanjavur, and opining that a prima facie case for violation of the provisions of the act and certain rules 1981, and condition no.4 of the licence, the second respondent suspended the licence of the petitioner. it has been clearly stated that .....

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