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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Year: 1982 Page 7 of about 94 results (0.057 seconds)

Dec 17 1982 (SC)

D.S. Nakara and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Dec-17-1982

Reported in : AIR1983SC130; 1983(31)BLJR122; (1983)ILLJ104SC; 1982(2)SCALE1213; (1983)1SCC305; [1983]2SCR165; 1983(1)SLJ131(SC)

..... its retired employees including pre 1.1.1973 pensioners, whose actual value of pensions has been eroded by the phenomenal rise in the prices of essential commodities. in view of the present economic conditions in india and constant rise in the cost of living due to inflation, it is all the ..... it. to refer to the jaila singh's case (supra), when for the benefit of allotment of land the artificial division between pre-1955 and post-1955 tenant was struck down by this court, the class of beneficiaries was enlarged and the cake in the form of available land was a ..... recently decided in consultation with the ministry of law that the ministry of home affairs letter no. 2/32/51-ais, dated the 25th august, 1955 will not be applicable to those scs/sps officers, who were appointed to ias/ips prior to the promulgation of ias/ips (regulation of seniority) ..... to set up a sovereign socialist secular democratic republic. expression 'socialist' was intention ally introduced in the preamble by the constitution (forty-second amendment) act, 1976. in the objects and reasons for amendment amongst other things, ushering in of socio-economic revolution was promised. the clarion call may be ..... this court struck down as discriminatory the division of pre-1955 and post-1955 tenants for the purpose of allotment of land made by the rules under the rajasthan colonisation act, 1954 observing that the various provisions indicate that the pre-1955 and post-1955 tenants stand on the same footing and therefore do not .....

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Feb 28 1982 (HC)

Prakash Awadhut Kulkarni Vs. Rekha Prakash Kulkarni (Smt.) and anr.

Court : Mumbai

Decided on : Feb-28-1982

Reported in : 1983(2)BomCR476

..... this application, and now the applicant is a divorced wife of the opponent. the applicant's only allegation is that, she was already given maintenance, but as the prices of essential commodities have been raised twice to thrice than which were prevailing at the time of awarding this maintenance of rs. 80/- per month and the opponent's salary has been increased ..... , but the law appears to be settled that if it is a decision of civil court in respect of quantum of maintenance or alimony under the provisions of hindu marriage act, the magistrate shall honour such a finding or in the alternative refer the parties to the civil court of get the same adjudicated by the competent court.6. the second ..... . the learned judges of the civil court have accepted the finding of maintenance of the learned magistrate without themselves deciding the quantum of maintenance under the provisions of hindu marriage act. now if that is the factual aspect of this case, then it cannot be said that the learned judge had not accepted the finding of the learned magistrate in the ..... to maintenance.'5. in the madras case it is held that once the civil court decides the question as to the quantum of maintenance under the provisions of hindu marriage act, the criminal court must accept that finding and should not interfere with the said finding as to the quantum of maintenance made, in the alternative as provided by sub-section .....

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Mar 12 1982 (HC)

Commissioner of Income-tax, Delhi-ii Vs. Rohtak Textile Mills Ltd.

Court : Delhi

Decided on : Mar-12-1982

Reported in : (1982)30CTR(Del)151; [1982]138ITR195(Delhi)

..... anticipation of the actual sale and its completion in view of the fact that the business of the undertaking involves the supply of a very essential commodity and it is absolutely imperative that a continued and uninterrupted supply of electrical energy to the consumers must be achieved in public interest. the ..... a sum liquidated damages under the agreement which became due to the assessed in april, 1951, though it was actually received only in december, 1955. the fact that the respondent was claiming an exorbitant sum to which he was not entitled did not convert its right into a contingent right. ..... suit was decreed only for the sum of rs. 2,34,000 offered by the company initially. this amount was received by the assessed in december, 1955, and credited in the profit & loss account for that year. the question was whether amount accrued or arose to the assessed on 23 april, 1951 ..... when the government had acquired the company's assets and that, thereforee, the balancing charge, if any, should have been taxed in the assessment year 1955-56. on the other hand, it was department's contention that since litigation was going on regarding the compensation payable to the assessed and since ..... undertakings by the punjab state. electricity board (pseb), on the expiry of the period of their licenses, under the provision of the indian electricity act, 1910 (act vii of 1910). 3. the assessed's electricity undertakings at hansi, bhiwani and hissar were taken over by the pseb in the financial year 1962 .....

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Mar 12 1982 (HC)

Additional Commissioner of Income-tax Vs. Rohtak Textiles Mills Ltd.

Court : Delhi

Decided on : Mar-12-1982

Reported in : ILR1982Delhi68

..... in the statute even in anticipation of the actual sale and its completion in view of the fact that the business of the undertaking involves the supply of a very essential commodity and it is absolutely imperative that a continued and uninterrupted supply of electrical energy to the consumers must be achieved in public interest. the statute still envisages that a sale ..... managing agency. eventually the suit was deemed only for the sum of rs. 2,34,00 offered by the company initially. this amount was received by the assessed in december, 1955 and credited in the profit & loss account for that year. the question was whether the amount accrued or arose to the assessed on 23rd april, 1951 or whether it was ..... place on 16th july, 1954 when the government had acquired the company's assets and that, thereforee, the balancing charge, if any, should have been taxed in the assessment year 1955-56, on the other hand, it was the department's contention that since litigation was going on regarding the compensation payable to the assessed and since it was only after ..... of some of the these undertakings by the punjab state electricity board (pseb), on the expiry of the period of their licenses, under the provisions of the indian electricity act, 1910 (act vii of 1910).(3) the assessed's electricity undertakings at hansi bhiwani and hissar were taken over by the pseb in the financial year 1962-63. the income-tax officer .....

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Jul 16 1982 (HC)

Jyothi Home Industries Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Jul-16-1982

Reported in : (1983)ILLJ201Kant

..... committees, sub-committees and the advisory board; (b) .......... (c) prescribe the mode of computation of the cash value of wages in kind and of concessions in respect of supplies of essential commodities at concession rates; (d) prescribe the time and conditions of payment of, and the deductions permissible from wages; (e) ........... (f) provide for a day of rest in every period of ..... is called the 'guaranteed wages' in the impugned notification. in my view, it is wrong to treat the terms 'wages', 'minimum wages' and 'remuneration' as connoting different concepts under the act. the word 'wages' is the genus, and 'time-rate', 'piece-rate', 'over-time wages', 'minimum rate of wages' and 'remuneration' are species. as observed by the supreme court, while ..... prescribed authority who shall deal with the money so deposited in such manner as may be prescribed.' section 22f reads thus : '(1) notwithstanding anything contained in the payment of wages act, 1936, the appropriate government may, be notification in the official gazette, direct that subject to the provisions of sub-s. (2), all or any of the provisions of the ..... the employee. it was further pointed out that in fixing the minimum rates of wages the government cannot claim wide powers possessed by the industrial tribunal under the industrial disputes act.' 14. the learned counsel for the petitioners strongly relied on these decisions of the supreme court and the madhya pradesh high court in support of the contention that the term .....

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May 17 1982 (HC)

K.C. Mathew Vs. Election Commissioner of India and ors.

Court : Kerala

Decided on : May-17-1982

Reported in : AIR1982Ker265

..... with prestigious public undertakings like bharat electronics ltd. and electronic corporation of india ltd. after such discussions, the commission evolved and designed the machine raking all precautions to meet the essential requirements and to checkmate all possible manipulations. the commission felt, perhaps rightly, that in the scheme of things, this innovative attempt should be discussed with the political parties and ..... vital part of the election but that with the poll the election was not over. the declaration determines the election. it was noted in hari vishnu kamnath's case, air 1955 sc 233, that even proceedings under article 226 of the constitution are excluded during the ongoing process of election, though beyond the decision of the tribunal, the ban of ..... namakkal constituency, air 1952 sc 64, rightly termed as 'a landmark case in election laws'. the later decisions including durga shankar mehta, air 1954 sc 520; hari vishnu kamath, air 1955 sc 233 and indira gandhi, air, 1975 sc 2299, and the decision already referred to, mohinder singh's case (air 1978 sc 851) (supra), are all applications of those basic ..... words :'article 324, on the face of it, vests vast functions which may be powers or duties, essentially administrative and marginally even indicative or legislative.'it is well established that article 324 is wide enough to supplement the powers under the act. the commission may be required to cope up with the situations unprovided for in the enacted laws and the .....

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Mar 19 1982 (HC)

Md. Zazmul Ahasen Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Mar-19-1982

Reported in : AIR1982Cal546

..... herein visited the shop of the petitioner for inspection. it is alleged that during inspection the petitioner could not produce hooks of accounts relating to rationed commodities. stock books, daily sales register, non-drawal register and cash memos could not be produced for the period of six months up to 19th july, ..... to that period were not produced. there was a further allegation that the petitioner had inflated falsely the quantity of rationed commodities distributed by the petitioner in his weekly returns and that the petitioner had shown bogus distribution and had made unauthorised disposal of stocks of modified ..... rationed commodities. a notice to show cause why the dealership of the petitioner should not be terminated was issued by the respondent no. 5 on ..... the show cause notice and thereafter the case was heard.7. in view of the aforesaid facts it cannot be said that the respondents have acted mala fide or that the petitioner was not given a reasonable opportunity of showing cause in this case.8. the petitioner has also urged ..... legality and validity of the order dated 28th sept., 1981, passed by the respondent no. 5. the petitioner has urged that the respondents have acted mala fide against the petitioner and the respondents have stopped supply of modified ration articles to the petitioner on and from 22nd july, 1980, even .....

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Sep 03 1982 (HC)

Kishore Boiled Rice Mill Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Sep-03-1982

Reported in : AIR1983AP230

order1. the petitioner who are all rice-millers/dealers in prakasam district, are complaining that conditions 5 and 7 of the conditions of licence revived by the government by its memo no. 64132/cs. 1/81, dated 27-11-1981 are operating as unreasonable restrictions upon the fundamental right of the petitioners to carry on business guaranteed to them by art 19(1)(g) of the constitution of india and that they are not waranted by cl. (g) of art. 19.clause 3 of the andhra pradesh rice procurement (levy and restriction on sale order 1967 provides that every miller carrying on rice milling operations shall sell to the agent or an officer duly authorised by the government in this behalf at the notified price and at such percentage of the total quantity of each variety at the notified price and at such percentage of the total quantity of each variety of rice produced or manufactured by him in his rice mill every day as is specified for each district in the schedule. according to the schedule as it is now in force the levy is 50% cl. 4 (1) further provides that no miller or dealer shall sell or agree to sell, or otherwise dispose of the rice recovered by milling other than the quantity specified in cl. 3 except in accordance with the permit issued by the collector or any officer authorised by the government in this behalf sub cl. (2) of cl. 4 provides that, save as otherwise provided in sub-cl (1) no person shall transport rice for sale from the premises of any rice mill except in .....

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Mar 19 1982 (HC)

Hindustan Milkfood Manufacturers Ltd. Vs. State of Andhra Pradesh and ...

Court : Andhra Pradesh

Decided on : Mar-19-1982

Reported in : [1982]51STC1(AP)

..... in the preparation of horlicks or in the preparation of tea by the dealer and later that converted commodity is sold on which tax is payable, and therefore, the levy is essentially on the use which the legislature is not competent under entry 54, list ii of the seventh schedule ..... sale or purchase. hence, it is ultra vires the powers of the state legislature. (3) sale of commodity, say milk, by the agriculturist vendors is exempt from tax under section 9 of the act. therefore, the milk purchased by the petitioners cannot be subjected to tax. (4) the liability to ..... question, namely, arecanuts, gingelly seeds, turmeric, grams, castor seeds and butter are 'goods, the sale or purchase of which is generally taxable under the act'. this is to say, they are 'taxable goods'. the sales of arecanuts, gingelly seeds, turmeric and grams were not liable to tax in the hands ..... this erroneous interpretation, the learned judges mixed up the concept of goods liable to tax with the transactions liable to tax under the act. the scheme of the act involves three inter-related but distinct concept which may conveniently be desired as 'taxable person', 'taxable goods' and 'taxable event'. all ..... subject to such restrictions and conditions as may be specified in the notification, including conditions as to licences and license fees.' 17. section 8 of the act also for comparison may be read : 'exemption from tax in respect of certain goods. - subject to such restrictions and conditions as may be prescribed, .....

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Sep 01 1982 (HC)

Nagpur Hotel Owner's Association Vs. City of Nagpur Corporation

Court : Mumbai

Decided on : Sep-01-1982

Reported in : (1982)84BOMLR600

..... obligations, the persons receiving supply having applied for and agreed to receive supply agreeing to pay the charges therefor and paying them. these are essentially the terms of an agreement to pay for water taken at agreed rates. we do not therefore think that the petitioners could complain of ..... made. more important question is, has the classification any nexus with the object of the act. we see no difficulty in accepting the contention of the respondents in the return that water is a scarce commodity. indeed, this statement is not questioned before us. we have already referred to the ..... there can be different rates of fees for different type of consumers that 'domestic consumers' and 'non-domestic consumers' essentially belong to different classes cannot be reasonably disputed. our attention has been invited to bye-laws framed under and various provisions of various municipal ..... lodge in the city.2. in exercise of the powers conferred by sub-section (1) of section 418 of the city of nagpur corporation act, ws ('the act' for short), the state government confirmed the city of nagpur corporation assessment and collection of water rates bye-laws, 1966, made by the ..... regulatory measures, the supply of water becomes purely contractual affair. certain regulatory powers are necessary and they are reserved in the commissioner under the act and bye-laws even de hors the contract. these powers are extremely necessary even for properly, justly and effectively performing the statutory obligation. .....

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