Court : Supreme Court of India
Decided on : Feb-27-1985
Reported in : AIR1985SC660; 1985(1)SCALE510; (1985)2SCC116; 2SCR1028
..... ordernew delhi, the 9th june, 1978.g.s.r. 800 - in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (10 of 1955), and in supersession of the order of the government of india in the late ministry of agriculture (department of food) no. g.s.r. 316(e) dated the 20th june, ..... ), an order made thereunder may provide -(a) to (c)....(d) for regulating by licences, permits or otherwise the storage, transport, distribution, disposal, acquisition, use or consumption of any essential commodity.section 5 of the act provides :5. delegation of powers - the central government may, by notified order, direct that (the power to make orders or issue notifications under section 3) shall in relation ..... the order was ultra vires because the slate government had only power under clause (d) of sub-section (2) of section 3 of the act to regulate production, supply and distribution of, and trade and commerce in, essential commodities like foodstuffs by grant of permits, licences or otherwise, in contradistinction to the power of the central government under sub-section (1) of section ..... appreciate the contentions advanced, it would be convenient to set out the relevant statutory provisions. sub-section (1) of section 3 of the act is in these terms :3(1) powers to control production, supply, distribution etc. of essential commodities -if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-08-1985
Reported in : AIR1985SC1199; 1985(2)SCALE51; 1985Supp(1)SCC213; Supp2SCR14; 60STC66(SC); 1986(1)LC358(SC)
..... , and that inasmuch as they do not so exist in the transactions in question, it must be held that there is no sale.5. the essential commodities act, 1955, under which the control order was issued, is an act to provide, in the interest of the general public, for the control of the production, supply and distribution of and trade and commerce in, certain ..... products against permits issued by the district food and supplies controller, chandigarh, is liable to be taxed under the punjab general sales tax act, 1948?the high court referred to the provisions of section 3 of the essential commodities act, 1955, under which the control order had been issued, and to clause v of the licence under which the respondent carried on his business ..... and by the control order made thereunder. sub-section (1) of section 3 of the cement control act is framed in language analogous to sub-section (1) of section 3 of the essential commodities act, 1955. and under the cement control order, 1948 issued under that act, no sale or purchase of cement can be made, except in accordance with conditions contained in a written ..... commodities. sub-section (1) of section 3 empowers the state government to make orders providing for regulating or prohibiting the production, supply and distribution of an essential commodity, and trade and commerce .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-23-1985
Reported in : ILR1985KAR3290
..... of 151 bags of rice in excess (i.e. unaccounted) and thereby being liable to be proceeded against under sections 3 and 7 of the essential commodities act, 1955 (the act). this was the accusation or charge the police had made incol. no. 7 of the charge sheet. the said charge-sheet was presented by the ..... of 'the provisions of the karnataka food grains (requisition of stocks) order, 1967 r/w. sections 3 and 7 of the essential commodities act, 1955 (the act)'. the counsel appearing for the accused in the court below had argued that no case for any offence under sections 3 or 7 of the essentialcommodities ..... fact is. the result is either the accused were innocent and have been unnecessarilyharassed or that they had in fact violated some order issued under the essential commodities act, but have been allowed to go scot-free. the public prosecutor who was in charge of this case in the court below does not appear ..... offence or offences these accused had committed. the vague allegation in the charge sheet is that these persons had violated sections 3 and 7 of the essential commodities act. in the f.i.r. he had earlier sent to the court of the j.m.f.c., hospet, the allegation of the investigating ..... -grains he had also placed the same before the deputy commis-sioner, bellary district, bellary, to deal with the same under section 6a of the act. the deputy commissioner, after an enquiry, had confiscated the same and that order appears to have been stayed by the state government. in thatconnection the .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-28-1985
Reported in : ILR1985KAR3521
..... attention to a decision of the calcutta high court reported in ram dutt gupta & ors. -v.- the state of west bengal 1985(1) crimes 733.4. section 10 of the essential commodities act, 1955 read thus:(1) offences by companies : -- if the person contravening an order made under section 3 is a company, every person who, at the time the contravention was commited, was ..... (licensing) order, 1967 and another, for contravention of clause(4) of the pulses, edible oil seeds and edible oil (storage) order, 1977, both punishable u/s. 7 of the essential commodities act (the act). the accused challenged the order framing charges against them before the sessions judge, bijapur. the learned sessions judge allowed the revision in part and quashed the first charge and directed ..... connection the following observations of the supreme court in satya narain musadi & others vs. state of bihar may be noted :'section 11 of the essential commodities act precludes a court from taking cognizance of the offence punishable under the act except upon a report in writing of the facts constituting such offence made by a person who is a public servant as defined in ..... took place without his knowledge or that he exercised all due diligence to prevent such contravention.(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the .....Tag this Judgment!
Court : Kerala
Decided on : Jan-22-1985
Reported in : AIR1985Ker255
..... be distributed among the consumers on an equitable basis.5. the government of kerala in exercise of the powers vested under section 3 of the essential commodities act, 1955 read with notification no. s.o. 1844 dt. 18-6-1966 of the government of india, ministry of commerce, had issued and brought ..... (v) is for allotment of cement for the purpose of repairs of existing houses etc. the state order issued under section 3 of the essential commodities act was amended on 6-4-1982 to make it in conformity with the amendment effected to the cement control order in 1982. the amendment order ..... the central government under sections 18g and 25 of the industries (development and regulation) act, 1951. corresponding amendments were made to the state order in 1982 in exercise of the powers vested under the essential commodities act. these amendments are effected by statutory orders issued by the central and state governments. ..... in the policy adopted by the central government in the matter of procurement and distribution of cement.3. cement had been a controlled commodity ever since the commencement of the cement control order, 1967 issued by the government of india under the provisions of sections 18g and 25 ..... to the stockists there is a promise, at any rate a representation, by the state government on the faith of which the petitioners have acted in making the payments of the advance price and also incurring expenses by starting construction of buildings. counsel, therefore, submits that applying the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-19-1985
Reported in : AIR1986SC386; 1986(8)ECC147; 1986(23)ELT5(SC); 1985(2)SCALE1093; (1986)1SCC23; Supp3SCR739; 61STC76(SC); 1986(1)LC142(SC)
..... of gujarat : 1978crilj1859 , where this court laid down that exercise books were included within the term 'paper' mentioned in sub-clause (vii) of clause (a) of section 2 of the essential commodities act, 1955 and in item 13 of schedule i to the gujarat essential articles dealer (regulation) order 1971. the learned judges supported their conclusion by reference to the object and purpose of the ..... commodity in the series of sales, the single point being specified by notification by the state government. if ammonia and ferro paper fall under ..... tax. section 3 a of the act, however, provides for the imposition of sales tax on one only of the sales of the ..... the aforesaid notification of july 1, 1966.5. section 3 of the u.p. sales tax act charges sales tax on goods sold by a dealer at a specified rate, the charge being imposed on every sale in the series of sales through which the commodity may pass, commencing from the manufacturer to the ultimate retail dealer. it imposes a multi-point .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jun-19-1985
Reported in : AIR1986MP9; 1985MPLJ606
..... clauses (a) to (j) of sub-section (2) of section 3. the said order reads as under :'in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (10 of 1955), and in supersession of the order of the government of india in the late ministry of agriculture (department of food) no. g.s.r. 315(e) dated the 20th ..... producers in jabalpur are concerned, they have fixed the selling price of milk at rs. 6.00 per litre.7. according to the petitioners, the essential commodities act, 1955, is enacted by the parliament section 2(1) defines 'essential commodity' to include cattle-fodder including oil-cakes and other concentrates, food stuffs including edible oils and oils. the word 'foodstuff' has not been defined under ..... appearing for thepetitioners, apart from other contentions, frankly conceded that the matter could be decided solely on the question as to whether the state government had the authority under the essential commodities act to include milk by amendment of the exhibition of prices and price control order, 1977 by insertion of item no. 13 'milk' in the schedule without having prior ..... these powers were conferred subject to prior concurrence of the central government in respect of clauses (a), (c) and (f) of sub-section (2) of section 3 of the essential commodities act and in pursuance thereof the state government sought concurrence of the central government when they proposed the amendment of exhibition of prices and price control order, 1977 by inclusion of .....Tag this Judgment!
Court : Orissa
Decided on : Oct-07-1985
Reported in : 60(1985)CLT595; 1986(I)OLR187
..... principal act') :-shall have effect subject to the amendments specified i.e. sections, 3 to 11 :provided that ..... the amendment- specified in sections 7 to 11 shall nor apply to. or in relation to, any offence- under the principal act committed the commencement this act and the provisions of the principal ..... . the amendment to the principal act were brought by sections 3 to 11. section 11 substituted sections 12a and 12aa. section 2 when is important for the purpose of our discussion is quoted below :'act 10 of 1955 to have effect subject of certain special provisions for a temporary period. during the continuance in force of this act, the essential commodities act, 1955 ( hereinafter referred to as 'the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Feb-18-1985
Reported in : AIR1986MP159
..... motor spirit.xx xx xx xx xx'notification no. 4602-2669-xxix-ii-83 dt. 30th july 1983. in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (no. 10 of 1955) read with the government of india ministry of industry and civil supplies (department of civil supplies and co-operation) order no. sc 681-e dt. the 30th nov ..... said licensing order which are quoted below :'notification no. 2782-6830-xxix-2-82 dt. 15th april, 1982. in exercise of the powers conferred by section 3 of the essential commodities act 1955 (no, 10 of 1955) read with government of india, ministry of industry and civil supplies (department of civil supplies and go-operation) order no. s.o. 681-e, dt. the 30th nov ..... has filed this petition under article 226 of the constitution in the matter of m.p. motor spirit and high diesel oil (licensing and control) order, 1980 made under the essential commodities act, 1955 for quashing the order annexure-d which was communicated to the petitioner on 25-7-83 by annexure-e whereby out of the security deposit made by the petitioner a ..... annexure-b wherein it was stated that the alleged irregularities amounted to violation of condition no. 8 of the license issued under the said order and clause 6 of the essential commodities (price display and price control) order 1977. the petitioner was, therefore, asked to show cause why his license may not be suspended or cancelled and why the security deposit lying .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-01-1985
Reported in : 1986(6)LC581(Calcutta),1985(21)ELT673(Cal)
..... other than grey portland cement. the said import cement (control) order, 1978 was issued by the central government in exercise of the powers conferred by section 3 of the essential commodities act, 1955. mr. gupta also relied on the booklet issued by the indian standard institution under the name and style 'indian standard specification for white portland cement'. in the foreword of ..... by the government of india, ministry of industries, dated february 27, 1982 in support of his contention that the white cement and ordinary port-land cement are two different commodities. a copy of the said press note is annexure 'e' to the writ petition wherein the government of india, ministry of industries, department of industries development used the ..... made it abundantly clear that the central government treated for all practical purposes ordinary portland cement and white cement as two different commercial commodities even under the law. according to mr. gupta, the collector of customs had acted arbitrarily, unjustly and whimsically in not relying upon the definition of cement in the said control order which was binding all force ..... upon the collector of customs. the collector of customs had no authority and/or jurisdiction to override the statutory definition given to a particular commodity at his whims and caprice.3. .....Tag this Judgment!