Court : Supreme Court of India
Decided on : Sep-17-1982
Reported in : AIR1983SC300; 1983CriLJ445; 1983(1)Crimes11(SC); 1982(1)SCALE811; (1982)3SCC18; 1982(14)LC854(SC)
..... 'you have been extending financial help to the said organisation to enable it to carry on its illegal and violent activities.' but no particulars of any act or acts on the part of the appellant in that behalf have been given, though the detaining authority had before it the statement of the appellant recorded on 1 ..... his representation to the chief secretary of the government of manipur against his detention, denying having had any connection with the p.l.a. or having acted in any manner prejudicial to the security of the state or maintenance of public order. he also reserved his right to file further representation after getting certain ..... station on lodging a complaint (f.i.r.) against him for offences under sections 121/121-a i.p.c. and 13 of u.a.p. act. he was produced before chief judicial magistrate on 1.11.1981 and released on bail. however, at the instance of the police, when he visited the ..... public order. hence the under ' signed is compelled to order your detention under section 3(2) of the national security act, 1980. i am satisfied that with a view to prevent you from acting in any manner prejudicial to the maintenance of public order and security of the state, i have made this detention order. ..... order dated 20.11.1981 issued by the district magistrate, central manipur (respondent no. 2) under section 3(2) of the national security act, 1980 and on taking him into custody he was detained in manipur central jail. the detention was effected with a view to preventing him from .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-02-1982
Reported in : (1982)2GLR535
..... advert to the aspect regarding the necessity for constituting an appropriate legal cell to give guidance in orders passed under the prevention of black marketing and maintenance of supplies of essential commodities act in the case of chandravati fakirchand v. state 23 (1) g.l.r. 760, wherein it was observed as under:the prevention of black marketing and maintenance of supplies of ..... essential commodities act has been chiseled in order to extend protection to the society from being starved of essential commodities and from being exploited by unscrupulous elements who feel no compunction in indulging in mal-practices, unmindful of resultant miseries to the common ..... impugned order was passed on the ground that the petitioner had been convicted thrice of an offence punishable under the bombay prohibition act, 1949 within a period of three years as envisaged by section 57(c) of the bombay police act, 1951. a similar order passed by the sub-divisional magistrate, rajkot, in dana nathu's case was struck down on the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-29-1982
Reported in : 1982CriLJ1910; 1982(3)DRJ154; ILR1982Delhi395; 1982RLR331
..... denying that the cases registered against him were false and cooked-up it is admitted that he has been acquitted in the cases under excise act and the essential commodities act. it is further admitted that the theft case has been cancelled by the court as being untraced. the respondents in the counter-affidavit have ..... in it was recorded on 30th august 1973. on the petitioner's own showing he had been arrested under the provisions of essential commodities act on that day. the allegations were that he had stored 61 bags of wheat in a godown in defense colony in contravention of the provisions of ..... 1977. the second case was registered earlier to the raid at his farm. this case was under s. 7 of the essential commodities act. the allegations were that he had stored 61 bags of wheat in a godown in defense colony in contravention of the provisions of the said ..... -existent. 5. the petitioner alleges that in furtherance of their efforts to harass and involve the petitioner in cases of violation of antiquities & art treasures act, the local police raided his home at chhatarpur. mehrauli on 25th september 1975, and seized some pieces of idols. the first information report no. 304 ..... sharma, however, is running a shop of handicrafts at jorbagh market, new delhi. 3. the petitioner's grievance is that after the antiquities and art treasures act came into force, a deputy superintendent of police of c.i.d. crime branch of delhi police, shri avtar singh, started harassing the antique dealers including .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-28-1982
Reported in : 1982CriLJ1543; (1982)1GLR760
..... 1981 passed by the district magistrate at surat in exercise of powers conferred by sub-section (2) of section 3 of the prevention of blackmarketing and maintenance of supplies of essential commodities act, 1980 (the act). a supervisor of the said company was also detained in the same connection by an order passed on the same day. one natwarlal nanalal modi, said to be ..... society from being starved of essential commodities and from being exploited by unscrupulous elements who feel no compunction in indulging in mal-practices, unmindful of the resultant miseries to the ..... in sub-section (4) of section 3 of the act. the petitions are therefore allowed. the order of detention passed in each of the writ petitions is quashed and set aside. each of the detenus shall be set at liberty forthwith.4. the prevention of blackmarketing and maintenance of supplies of essential commodities act has been chiselled in order to extend protection to the ..... case of each of the five detenus was passed on oct. 23, 1981 by the district magistrate of surat. as enjoined by sub-section (3) of section 3 of the act, the order passed by the district magistrate requires to be approved by the state government within twelve days. the state government approved the order of detention within the prescribed period .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-16-1982
Reported in : AIR1983SC320; 1983CriLJ629; 1983(1)Crimes15(SC); 1982(1)SCALE789; (1982)3SCC10; 1982(14)LC726(SC)
..... may be made under that act.6. sub-section (2) of section 3 thus confers power on the central government or ..... any manner prejudicial to the maintenace of supplies and services essential to the community' does not include 'acting in any manner prejudicial to the maintenance of supplies of commodities essential to the community' as defined in the explanation to sub-section (1) of section 3 of the prevention of blackmarketing and maintenance of supplies of essential commodities act, 1980 (7 of 1980), and accordingly, no ..... order of detention shall be made under this act on any ground on which an order of detention ..... respect to any person that with a view to preventing him from acting in any manner prejudicial to the security of the state or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, make an .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-01-1982
Reported in : AIR1983AP297
..... of the contravention under the provisions of the essential commodities act. the question that arose there was whether a criminal revision petition would lie under ss. 435 and 439 criminal procedure code to the high court. the full bench has answered the ..... this court reported in public prosecutor v. ramaiah (1974) (2) aplj 305; 1975 cri lj 144 under the provisions of the essential commoditeis act vis-a-vis the code of criminal procedure under s. 6-c of the essential commodities act the district and sessions court is constituted as 'judicial authority' against the decision of d.r.o confiscating the properties the subject matter ..... and held that in recent years. the longevity has appreciably increased in this country therefore in a matter like this there can be no hard and fast rule. it is essentially a question of estimation . but that question must be a judicial one taking into consideration all the facts and circumstances of the case.29. in shiv prasad gupta v ..... and as a result the deceased died instantaneously in the accident it is also undisputed in the accident it is also undisputed that devasthanam is vicariously liable for the tortious acts of its employee the driver on these undisputed premise, the question for consideration premise, the question for consideration is what is compensation the claimants the legal representatives of the .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-14-1982
Reported in : 1983CriLJ21
..... 1, sri niwas agarwal. the order under challenge is annexure 1 and has been issued under prevention of black marketing and maintenance of supplies of essential commodities act. 1980. a perusal of the record indicates that petitioner no. 1 was appointed as a salesman for a period of three months. it has ..... in question or not. a perusal of the black marketing and maintenance of supplies of essential commodities act, 1980, indicates that it applies to a 'dealer'. if the petitioner continued to be a salesman, the provisions of the act will have no application. a salesman, is obviously, not a dealer and, therefore, ..... the deputy government advocate that although a solitary instance was men-honed in annexure 2 the conclusion was drawn by the district magistrate from other acts which according to the district magistrate made the petitioner, no. 1 a habitual offender.4. we have heard the learned counsel for the parties ..... indulging in black marketing whereas only one instance has been referred to, which according to the district magistrate amounts to an offence under the said act. in this respect learned counsel for the petitioner relied upon a decision rendered by this court in hanuman prasad v. district magistrate (write petn. ..... to a salesman. as there is no allegation in the instant writ petition that the petitioner instigated any dealer, it is obvious that the act has no application to the petitioner. in this view of the matter, the division bench held that the petitioner was to be set at .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-23-1982
Reported in : 144ITR395(AP)
..... of these permits is governed by the southern states (regulation of export of rice) order, 1964, issued under s. 3 of the essential commodities act, m 1955, and/or by the southern states (regulation of export of rice) order, 1971, issued under the defence of india rules. it is ..... of that case,. in 1967, the govt. of madhy pradesh issued the madhya pradesh grtam (export control) order, 1967, under s. 3 of the essential commodities act. under this order, export of gram was prohibited expect under and in accordance with a permit issued by the state government, or the authorities specified by it ..... expedient. there may be some contribution made no in commercial interest or expediency but in order to save a commercial company from the consequences of unlawful acts, say, for example, to hush up a company law investigation o r proceeding for breach of foreign exchange regulations. such contributions many also be ..... permits form the government of andhra pradesh for export of rice, did not constitute business expenditure within the meaning of section 37 of the income-tax act, 1961 ?' hus,. the question referred in all these referred cases, are identical, though in the first four cases the reference is made at the ..... by them to the andhra pradesh welfare fund, west godawari district (branch eluru), as business expenditure, under s. 37(1) of the i. t. act, 1961. the assessee case was that it was an expenditure wholly and exclusively incurred in the course of business and that, unless the said payment to .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-15-1982
Reported in : 1983CriLJ279
..... to sell the same in black market actuated by the motive of earning huge profits. he contends that in the heading of the f.i.r. no offence under the essential commodities act, 1950 has been mentioned, although ingredients of such offence have apparently been disclosed. he refers us to paragraph 3(b) of the west bengal rationing order 1964, the connected modification ..... and section 10a of the said act making offences under the act cognizable. mr. chatterjee submits finally that the different paras of the f.i.r. considered together against the background of facts and circumstances discussed by him lead unerringly .....Tag this Judgment!