Court : Supreme Court of India
Decided on : Mar-04-1986
Reported in : AIR1986SC856; 1986(9)ECC56; 1986(6)LC553(SC); 1986(24)ELT175(SC); 1986(1)SCALE293; (1986)2SCC288; 1SCR440; Supp1SCR440; 1986(2)LC290(SC)
..... . the appellant is a manufacturer engaged in the business of manufacturing certain vegetable oil products (hydrogenated oil) at its factory in delhi. vegetable oil product was an essential commodity under section 2(ii) of the essential commodities act, 1955. on february 22, 1971 the director (vanaspati), who had been authorised by the vegetable oil products controller of india under sub-clause (a) of clause (ii ..... factors such as supply, demand etc. etc. there is no guarantee that the goods in respect of which the maximum price is fixed under a notification issued under the essential commodities act, 1955 and orders made thereunder would actually be sold at the maximum price mentioned in the notification. the wholesale cash price realised by the manufacturers may fall below such maximum ..... determine the wholesale cash price in accordance with the well-settled principles, of course, keeping also in view the maximum price fixed by the government of india under the essential commodities act, 1955. but in the orders of the excise authorities which are impugned in this appeal we find that they have not made any attempt to determine the wholesale cash price ..... for which maximum price is fixed at wholesale cash prices which are higher than the maximum price. in that event he would suffer the penal consequence under the essential commodities act, 1955 and also would be liable to pay excise duty on the basis of the higher wholesale cash price realised by him. he would not be taxed under the .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-14-1986
Reported in : AIR1987Bom248; (1987)1BOMLR168
..... shri paranjape the learned counsel appearing for thepetitioners that art. 31c is not retrospective in nature and therefore the provisions of the essential commodities act, 1955 are not covered by art. 31c. the essential commodities act is a controlled legislation andit is used intimes of scarcity obviously tosecure maintenance supply and distribution of the essentialcommodities. art. 39(b ..... improperty. therefore, equitable distribution is theessentce of eqality. if for achieving this object the impugned order has been issued under the powers conferred by the essential commodities act and the sugarcane (control) order, 196, than it cannot be said that this equitable distriibution results in inequity or arbitrariness. inour view the criteria ..... industrial undertaking requining licence under s. 11 of the industries (devlopment and regulation) act, 1951 distributionand movement of sugarance have been regulated under the supreme (controal) order, 1966 ..... of the maharashra co-operative societies act.3. on the other hand it is contended by the respondent state government that the sugar industry is anagro based industry and requires sugarcance for manufacture or sugar. both sugarcance and sugar are declared as essential commodities under the essential commodaties act, 1955 sugar indutry is a licensed .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-20-1986
Reported in : AIR1987Cal237,90CWN670
..... in the impugned notification, the respondents have violated the right under article 19(1)(g) of the constitution of india. we are unable to accept this contention. the essential commodities act, 1955 cannot be challenged as ultra vires an. 14 or 19 of the constitution. the appellants have not urged that the delegation under section 3 read with section 5 ..... the west bengal rationing order to any particular area, the two licensing orders would no longer be applicable in the said areas brought under statutory rationing.12. the essential commodities act, 1955 contains sufficient guidelines for making orders for bringing into force the west bengal rationing order in an area. during the hearing of the appeal, the respondents relied upon ..... by section 3 read with orders of the government of india under section 5 of the easential commodities act, 1955. the appellants did not contend that the west bengal rationing order and the two licensing orders were beyond the said delegated powers. the essential commodities act, 1955 itself has been included in the ninth schedule of the constitution. the fact that the west ..... rationing order, 1964 would be in force. the learned advocates appearing on behalf of the appellants themselves have not disputed that the expression 'restriction' in section 3 of the essential commodities act was wide enough to include prohibition provided it was reasonable and in the interest of public (see madhya bharat cotton association ltd. v. union of india : air1954sc634 , .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-24-1986
Reported in : AIR1986P& H259
..... been promulgated by the state of haryana by exercising powers delegated to it under the control order, be declared ultra vires the provisions of s. 3 of the essential commodities act. 1955 (hereinafter called 'the act'), and particularly clause 3(3)(c) of the khandsari licensing order be struck down as violative of arts. 14 and 19(1)(g) of the constitution of ..... of a sugar mill. various other provision are also contained in the punjab act for purchase and supply of sugarcane, to which reference is not necessary for adjudication upon the present dispute.13. the essential commodities act, 1955, received the assent of the president on 1-4-1955. the object of the act was 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 commodities, which under the provisions of the act were to be declared 'essential commodities.' s. 2(b) of ..... the act defines 'food-crops' to include crops .....Tag this Judgment!
Court : Delhi
Decided on : Oct-07-1986
Reported in : 1987(1)Crimes39; 31(1987)DLT84
..... there was no valid licensee with the petitioner. (3) a case fir 129 of 1982 was registered against the petitioner under section 7 of the essential commodities act, 1955 (in short the act) at police station paharganj and the charge was framed against the petitioner on 16.4.1986 by shri d.s. bawa metropolitan magistrate, delhi. ..... inasmuch as in the facts of that authority the department felt satisfied that there was no contravention of the order issued under section 3 of the act or the licensee issued there under. so, it was a case of total exoneration of a licensee at the bands of the licensing authority and ..... was renewed, in which case the alleged offence would have come to an end being non-existent for which reason the criminal prosecution under the act and punishable under section 7 thereof could no longer be continued. but that is not the case with the petitioner as the order dated 26 ..... provisions of this order are separate from and independent of a criminal case filed before a court and which is punishable under section 7 of the act and this interpretation appears to be unmistakably deal from the use of the words 'without prejudice to any other action that may be taken against him ..... ultimately renewed the licensee, there was left nothing in the form of violation of the order which had been dissued under section 3 of the act and consequently the complaint filed by the department against the petitioner no longer remained alive and came to an end and so the learned magistrate was .....Tag this Judgment!
Court : Karnataka
Decided on : Jun-26-1986
Reported in : 66CompCas334(Kar); ILR1986KAR2623; 1986(2)KarLJ309
..... by the decision in the case of sheoratan agarwal v. state of m.p., : 1scr719 . their lordships of the supreme court, considering similar provisions in section 10 of the essential commodities, act, 1955, have observed that there is no statutory compulsion that the person in charge or an officer in charge of the company cannot be prosecuted unless he be ranged alongside the ..... offence against the petitioners, inasmuch as the complaint did not disclose that any of the accused-petitioners was responsible for contravention of the rules, constituting an offence punishable under the act. therefore, taking of cognizance against the petitioners by the magistrate on such bald allegations, without there any allegation that they being entrusted with the business of the firm were ..... . 3. there is no denial of the fact that respondent no. 1, the labour officer, who was duly authorised as provided under section 30 of the payment of bonus act, had made the said complaint alleging contravention of the particular rules regarding the maintenance of certain registers required under the law. it would appear, as alleged in the complaint, he ..... (a), 4(b) and 4(c) of the payment of bonus rules, 1975, and consequent to the commission of an offence punishable under section 28 of the payment of bonus act, 1965, the jmfc., raichur, having issued process against the petitioners, the petitioners appearing before the magistrate, made an application on february 17, 1981, to dismiss the complaint on the .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-21-1986
Reported in : 1988CriLJ1135; (1987)2GLR741
..... , project a picture wherein it is found that the detaining authority was subjectively satisfied that the petitioner had committed breaches of the provisions of the order as well as the essential commodities act, 1955 as reflected by paras 4; 5, 6 (second) 6 and 7 of the grounds and had based his satisfaction on the material indicated in these grounds. if that is ..... committed breaches of conditions nos. 4 and 9 of the licence. it is then recited that having done so, the petitioner had committed offences under the provisions of the essential commodities act, 1955 and looking to the gravity of the aforesaid activities and with a view to preventing the petitioner from indulging in such illegal activities forthwith and also with a view to ..... s.b. majmudar, j.1. the petitioner who is a detenu under the provisions of the prevention of blackmarketing and maintenance of supplies of essential commodities act, 1980 (the act' for short), has challenged the order of his preventive detention passed by the deputy secretary, government of gujarat, food and civil supplies department, by order and in the name ..... view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies of commodities i.e. petroleum product (kerosene) essential to the community. the order of detention, therefore, clearly indicated that the petitioner was required to be detained with a view to keeping him out of harm's way so far as supply of essential commodity viz. kerosene was concerned. .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-24-1986
Reported in : 1986WLN(UC)698
..... judicial magistrate, chittorgarh dated november 26, 1977 whereby the learned lower court has acquitted the accused-respondent shankarlal of the offence under section 3/7 of the essential commodities act, 1955 (here in after referred to as 'the act') read with condition no. (3) of the licence of rajasthan hydrogenated vegetable oil dealers licensing order, 1968 (for short 'the order').2. the facts necessary to ..... the purpose of marriage or any other purposes but that does not mean that he is actually dealing in this commodity. if he is proved to be a dealer of this hydrogenated vegetable oil, a presumption under section 10c of the act arises that he possessed a requisite mens rea to deal with this article. but when this fact is not proved .....Tag this Judgment!
Court : Rajasthan
Decided on : Jul-25-1986
Reported in : 1986(2)WLN710
..... under section 482 cr.pc has been directed against the order, dated april 13, 1985, passed by special judge (e.c. act) rajasthan, jaipur, whereby he took cognizance against the petitioners for offence under section 3/7 of the essential commodities act, 1955 for violation of clause 13(a) of the fertilizer control order, 1957.2. brief facts giving rise to this case are that ..... filing, and marked with full details of sampling, the date of sampling, and other important particulars of the consignment;(h) samples shall be stored in shade.thereafter if it is essential that when the fertiliser is in packages or on number of containers have to be selected as mentioned in the table given to clause 2 to this schedule wherein according .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-08-1986
Reported in : 1986(1)WLN319
..... page 515 and prakash chandra ajmera v. state of rajasthan 1984 r l r 842 on the interpretation of section 10 of the essential commodities act, 1955 (no. x of 1955) (for short, the act). as in the proposed judgment of my brother judges agreement has been recorded with the view taken in prakash chandra ajmera's case ..... he exercised all due diligence to prevent such contravention;(2) not with standing 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 ..... 27a, as we have already seen throws the responsibility for making the necessary endorsement on the supplier. the definition of the word 'supplier' in the act has already been quoted & there can be no doubt that if clause 27a is contravened, a person who comes within the definition of the word ' ..... , 1941, clause 27a (an order made under the defence of india rules) has adverted to this aspect of vicarious liability of master for the acts of his servants. clause 27 a of the aforesaid order reads as under: when motor spirit is furnished against the surrender of one or more ..... (supra) with the reasoning of which i am unable to persuade myself i will like to express on the controversy involved in this case.2. under section 7 of the act .....Tag this Judgment!