Court : Andhra Pradesh
Decided on : Aug-27-1982
Reported in : AIR1983AP69
..... reddi, j.) dealing with the scope of the expression 'reasonable opportunity of being heard' employed in s. 6b of the essential commodities act, observed in dharani trading company v. state of a.p., (1974) 2 aplj 166.'the procedure prescribed under section 6-b of the ..... examine the witnesses appearing against them and to adduce evidence in their defence, by and large, the rules of the evidence act are followed. it is clothed with the essential powers of a court of law and is always presided over by a high judicial dignitary'.but again the learned judge said ..... , nor a judicial cureall. if fairnesss is shown by the decisionmaker to the man proceeded against the form features and the fundamentals of such essential processual propriety being conditioned by the facts and circumstances of each situation no breach of natural justice can be complained of unnatural expansion of natural ..... even in the representation of the people's act that a person whose conduct has been adversely reported upon by a commission of enquiry should suffer some ..... at page (ix):-'...........yet, the pronouncements of this commission are not binding on any one. it is most essential there should be written into the act, and perhaps .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Orissa
Decided on : Aug-09-1982
Reported in : 54(1982)CLT345; 1983CriLJ122
..... patnaik, j.1. this revision is directed against an order taking cognizance of an offence of abetment of offence under section 7 of the essential commodities act, 1955 read with clause (3) of the orissa petroleum products (sale by dealers) order, 1979.2. the gist of the prosecution case is ..... been committed without the interposition of the alleged abettor is not enough compliance with the requirements of section 107....it is not enough that an act on the part of the alleged abettor happens to facilitate the commission of the crime. intentional aiding and therefore active complicity is the gist ..... by bid' (see trilok chand v. state of delhi : air1977sc666 ). 'a mere fact that the person accused of substantive offence could not have acted in the way he did without the approval and connivance of the person accused of abetment is not sufficient to prove abetment, under section 107 i.p ..... goes; conspiracy, as grose, j. said in king v. brisse (1803) 4 east 164 is generally a 'matter of inference, deduced from certain criminal acts of the parties accused, done in pursuance of an apparent criminal purpose in common between them. the number and the compact give weight and cause danger' (willes ..... of hints, insinuation or encouragement. the word 'instigate' means to goad or urge forward or to provoke, incite, urge or encourage to do an act. a mere intention or preparation to instigate is neither instigation nor abetment. the offence is complete as soon as the abettor has incited another to commit .....Tag this Judgment!
Court : Orissa
Decided on : Jan-14-1982
Reported in : 1982CriLJ713
..... petitioner and the driver of the truck for contravention of clauses 2 and 11 of the orissa rice and paddv control order, 1974(1965?) punishable under section 7 of the essential commodities act. thereafter the petitioner moved th civil supplies authorities for withdrawal of the aforesaid case inter alia on the ground that he is a licensed wholesale dealer under the orissa rice ..... wholesale dealer. he relied on a decision reported in 45 cut lt 51:1978 cri lj 686)(hariram agarwala v. state of orissa) wherein it has been held that the act of carrying paddy in the truck does not amount to 'storing'. 'storage' in common parlance meaning connotes the concept of continued possession. transhipment in a moving vehicle would not amount .....Tag this Judgment!
Court : Kerala
Decided on : Dec-02-1982
Reported in : AIR1983Ker73
..... that there was heavy slump in the price of timber and firewood. during this period the government of tamil nadu also promulgated orders under the essential commodities act. fixing the maximum price of firewood at rs. 90/- per ton. this caused a further decline in the price of timber and firewood. this ..... article 299 of the constitution, and, therefore, the breach of the alleged contract would not give rise to damages recoverable under the revenue recovery act. that decision was rendered on the facts of that case. the position in law, where an auction purchaser had affixed his signature in the ..... . the attachment of movables shown in the plaint was admitted. the movables were attached with due notice and as provided in the revenue recovery act by the tahsildar, quiloa, who was authorised by the district collector for realising the arrears due to the state. the plaintiff could recover the ..... advertising the resale. the 2nd defendant was also taking steps to recover the amounts from the plaintiff by invoking the provisions of the revenue recovery act. the action of the defendants was unauthorised, illegal and ab initio void. the agreement entered into by the plaintiff with the 3rd defendant on ..... deposited by the plaintiff and if that was found inadequate, the balance could be recovered from the plaintiff and his properties under the revenue recovery act, the 2nd defendant confirmed the acceptance of plaintiff's bid by the 3rd defendant as per his proceedings dated 10-12-1975 (ext. b- .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-15-1982
Reported in : ILR1986KAR1787
..... high court. the government is not only committed to the welfare of labour but also to the control of inflation and rise in consumer prices of essential commodities and the regulation of proper distribution of such commodities. there are various enactments on the statute book for these purposes. the cost of living index is a variable concept depending on the ability of the ..... the proviso is a safeguard against any arbitrary action by the government in revising the minimum wages and this was noted by the supreme court in bijay cotton mills case : (1955)illj129sc and in state of rajasthan case : (1976)illj1sc . for these reasons, neither the contentions of messrs m.c. narasimhan and k. subba rao nor the cases and authorities ..... as chairman had robbed the official members of their independent status. this view is also supported by the observation of the supreme court in state of a.p. case : (1955)illj129sc of its judgment, the supreme court, while crediting the government officials with the responsibility of taking a detached and impartial view, qualified that observation by stating :'it may be ..... litigation between the parties in those cases51. on the other hand, in bijay cotton mills ltd. v. state of ajmer : (1955)illj129sc , a constitution bench of the supreme court, while repelling the challenge made to the constitutional validity of the act, held :'as regards the procedure for the fixing of minimum wages, the 'appropriate government' has undoubtedly been given very large powers .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-15-1982
Reported in : (1982)2GLR332; 50STC76(Guj)
..... is recognised as a new and distinct article that a manufacture can be said to take place. where there is no essential difference in identity between the original commodity and the processed article it is not possible to say that one commodity has been consumed in the manufacture of another. although it has undergone a degree of processing, it must be regarded ..... those goods so as to be liable to purchase tax under section 5a of the kerala general sales tax act, 1963, and it was held as under : '...................commonly, manufacture is the end-result of one or more processes, through which the original commodity is made to pass. the nature and extent of processing may vary from one case to another, ..... to, or results in, a manufacture, or (iii) .............................. and the word 'resell' shall be construed accordingly.' 10. the term 'manufacture' has been defined in section 2(16) of the gujarat act which provides as under : '2. (16) 'manufacture' with all its grammatical variations and cognate expressions, means producing, making, extracting, collection, altering, ornamenting, finishing or otherwise processing, treating, or ..... the tribunal, in order to appreciate the contentions urged on behalf of the state government in support of this reference. the opponent-assessee is a registered dealer under the gujarat act and is carrying on business to sell pan, bidi, match-boxes, cigarettes, etc., in the city of ahmedabad. the assessee also sells what is popularly known as 'pan- .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-07-1982
Reported in : AIR1983SC150; 1983CriLJ164; 1983(1)Crimes890(SC); 1982(2)SCALE1133; (1983)1SCC177; 1SCR905
..... was thus a comprehensive code covering the entire field of punishment for offences under the act graded according to the commodity and character of the offence. it was held by this court that the bombay act was impliedly repealed by section 7 of the essential supplies (temporary powers) amendment act, 1950.19. it is strenuously argued on behalf of the appellant that section 16a ..... any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under this act.12. the act also introduced section 19a with regard to burden of proof and it read:19a. when any article intended for food is seized from any person fin the reasonable ..... contravention of orders made under section 3 of the act. the provision with regard to the penalties was that if any ..... later law made by parliament 'with respect to the same matter', the west bengal amendment act stood impliedly repealed,18. the case of zaverbai amaidas v. the state of bombay : 1scr799 illustrates the application of the proviso to article 254(2). the essential supplies (temporary powers) act, 1946 was enacted by the central legislature, section 7 of which provided for penalties for .....Tag this Judgment!