Court : Karnataka
Decided on : Jan-07-1994
Reported in : ILR1994KAR304; 1994(2)KarLJ357
..... above aspect would have required further scrutiny but for the fact that section 6-a of the essential commodities act 1955 itself provides a safety valve for such cases. sub-section (1) of section 6-a of the act reads as under:-'6-a. confiscation of essential commodity;- (1) where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report ..... delay on the part of the seizing authority, he has ample remedy of approaching the collector or deputy commissioner, as the case may be, under section 6-a of the essential commodities act seeking appropriate orders. as laid down in sub-section (2) of section 6-a thereof, in appropriate cases the collector, in connection with the ..... order, 1986 is challenged. two grievances are voiced. the first grievance is that the said licensing order issued under the essential commodities act does not empower the authorities to seize and remove the entire stock of essential commodity if the grievance is made against a part of such stock which according to the authorities is held contrary to the provisions of the licensing order. the ..... of such seizure shall, without unreasonable delay, be made to the collector of the district or the presidency town in which such essential commodity is seized and whether or not .....Tag this Judgment!
Court : Delhi
Decided on : May-17-1994
Reported in : 1994(2)Crimes668; 54(1994)DLT565; ILR1995Delhi506; 1994RLR343
..... some irregularities with regard to issuance of cash memos were also detected. this led to the prosecution of the petitioner and ultimate conviction under section 7 of the essential commodities act, 1955 (hereinafter called the act). the petitioner preferred an appeal but with no success. hence, this petition. (4) one more fact needs to be mentioned. in the departmental proceedings which were ..... is bad, it being in excess of the powers conferred on the central government by section 3(2)(j) of the essential commodities act, 1955. section 3(2)(j) of the act reads as under : '3.powers to control production, supply, distribution, etc. of essential commodities :- (1)................................ (2) without prejudice to the generality of the powers conferred by sub-section (1), an order ..... lands support to the argument that it was not the intention of the legislature to extend the special provisions relating to searches held under the order. even the essential commodities act does not contain any provision making applicable all the provisions of the code of criminal pro (11) assuming argued that section 100 of the code of criminal procedure ..... arbitrary and drastic in character. the power so assumed is surely in excess of the delegated authority to issue orders since it clearly reduces that protection granted by the act and enlarges the arbitrariness of the power of searches and seizures etc. exercised by the commissioner and the authorised officers. it is this what makes clause 9(c) .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-27-1994
Reported in : 1995CriLJ1897
..... it and on suspicion that it carried diesel oil contrary to law, seized diesel oil as well as tanker. proceedings were initiated under the provisions of the essential commodities act, 1955 (hereinafter referred to as 'the act') and at the conclusion of the proceedings, diesel oil as well as tanker were ordered to be confiscated.4. the learned counsel for the petitioner submitted that ..... tanker. my attention in this connection was invited by the learned counsel for the petitioner to the provisions of section 6-a of the act. relevant part of section 6-a reads as under:6a(1). where any essential commodities is seized in pursuance of an order made under section thereto, a report of such seizure shall, without unreasonable delay, be made ..... satisfied that there has been a contravention of the order, may order confiscation of -(a) and (b) xxxxxxxxxxx(c) any animal, vehicle, vessel other conveyance used in carrying such essential commodity.provided that............provided further that in the case of any animal, vehicle, vessel or other conveyance used for the carriage of goods or passengers for hire, the owner of such ..... 3) xx xx xx xx xx xx5. looking to the aforesaid provision, there is no doubt that when any animal, vehicle, vessel or other conveyance is used for carrying an essential commodity liable to confiscation, such animal, vehicle, vessel or other conveyance is also liable to confiscation. the legislature, however, enjoins on the authority to give option to the owner of such .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-29-1994
Reported in : 1995Supp(1)SCC273
..... kuldip singh and; yogeshwar dayal, jj.1. the state of punjab, in exercise of the powers delegated to it under section 5 of the essential commodities act, 1955 (the act), promulgated the punjab regulation of compounded feed concentrates and mineral mixtures order, 1988 (the order). the validity of the order was challenged before the punjab and haryana high ..... these appeals was not before this court in sat pal case2. according to him the question before this court in sat pal case2 was whether rice bran was an essential commodity under the act. this court by giving wider meaning to the expression foodstuffs came to the conclusion that rice bran would be included in the said expression and as such ..... foodstuffs and cattle fodder have been given inclusive-definitions. the purpose sought to be achieved by the definition is to bring all essential commodities within the purview of the act. various classes of commodities enumerated in section 2(a) of the act cannot, therefore, be confined in watertight compartments. they overlap and one class may be inclusive of another. in any case, the notification ..... challenge to the validity of the order, it is necessary to have a look at the relevant sections 2(a) and 5 of the act which are reproduced hereunder :2. (a) essential commodity means any of the following classes of commodities (i) cattle fodder, including oilcakes and other concentrates;(ii) * * *(iii) * * *(iv) * * *(v) * * *5. delegation of powers. the central government may, by .....Tag this Judgment!
Court : Kerala
Decided on : Apr-05-1994
Reported in : 95STC134(Ker)
..... typical of the controversy in all the cases.3. petitioner is a manufacturer and seller of urea and other complex fertilisers, which are essential commodities within the meaning of the essential commodities act, 1955. the sale and distribution of fertilisers is now regulated by the fertilizer (control) order, 1985 (which repealed and replaced a similar ..... earlier order of 1957), made by the central government in exercise of the powers conferred on it by section 3 of the essential commodities act, 1955. sub-clause (1) of clause 3 which is in part ii relating to price control, authorises the central government to fix the maximum prices ..... subsidy, inter alia, as a grant of public money in aid of some enterprise, industry, etc., or to keep down the price of a commodity. webster's new world dictionary, inter alia, defines subsidy as a government grant to a private enterprise, considered of benefit to the public. the ..... to an enterprise, inter alia, for the good or benefit of the public. one of its objects is the keeping down of prices of commodities. benefit to the public is eventually the motivating factor for the grant of the subsidy. the question is whether such a grant could be ..... the price is not determined in accordance with these provisions, the buyer shall pay the seller a reasonable price. therefore, price is an essential element of a contract of sale and is ordinarily a matter of agreement between the parties. what the purchaser of the fertiliser bargains when he .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-06-1994
Reported in : AIR1995SC247; JT1994(6)SC282; 1994(4)SCALE100; Supp3SCR118
..... ('order for short'), initially framed by the central government under rule 81(2) of the defence of india rules and being continued in force by section 16(2) of the essential commodities act, 1955. in exercise of the powers conferred by the order, the central government issued a notification on december 27, 1991 fixing the prices at which different types of coal and coke ..... 12 of the constitution of india, was wholly arbitrary and illegal and, accordingly, prayed for appropriate relief. in contesting the petition the appellant submitted that coal and coke were different commodities and in view of the fact that the respondent was required to be supplied foundry hard coke, which had a specified sized, it had to put in some extra work ..... granted.2. in this appeal, preferred by bharat coking coal limited (hereinafter referred to as the appellant') a government company within the meaning of section 617 of the indian companies act, 1956, and its general manger, the only question that requires an answer is whether the appellant is entitled to realise service charges from its buyer while selling coke.3. steel .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-27-1994
Reported in : AIR1994P& H248; (1994)107PLR548
..... india.(3) it shall come into force on the date of its publication in the official gazette.2. definitions :-- in this order, unless the context otherwise requires :--(a) 'act' means the essential commodities act, 1955 (10 of 1955);(b) to (e) xxx xxx xxx xxx(f) 'mill' means milk of cow, buffalo, sheep, goat or a mixture thereof, either raw or processed in any ..... to time in different parts of the country for temporary prohibition on manufacture of milk products and export of milk outside the state under s. 3 of the essential commodities act, 1955 (for short, the act). with the national milk order coming into existence, it has become necessary to have the order applicable to india as a whole in order to ensure that ..... order) issued by the government of india, ministry of agricultural (department of animal husbandry and dairying department) new delhi, in exercise of the powers conferred by s. 3 of the essential commodities act, 1955, vide notification no. s. 0- 405(e) dated june 9, 1992, published in the gazette of india extraordinary, part-11, section 3, sub-section (ii) in this ..... is not competent to issue any price control measure in respect of cooked food because the essential commodities act, 1955, which confers powers to issue orders in respect of essential commodities does not confer any power to issue any order in respect of cooked food. section 3 of essential commodities act, 1955 confers power on the central government by an order to provide for regulating or prohibiting the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-06-1994
Reported in : AIR1994SC2663; JT1994(5)SC572; 1994(3)SCALE977; (1994)6SCC205; Supp3SCR144
..... of 6% granted by the trial court for loss suffered by the appellant due to non-disposal of the goods seized under various control orders issued under the essential commodities act, 1955 (hereinafter referred to as 'the act'). but for determining correctness of the view taken by it, the high court granted certificate under article 133(1) of the constitution of india as the case ..... the statutory authorities are responsible for any loss or damage to the stocks and, if so, to what extent. the act was enacted in 1955 in the interest of the general public for the control of the production, supply and distribution of essential commodities and trade and commerce. in diwan sugar & general mills (pvt.) ltd. v. union of india : air1959sc626 , it was held that ..... it is otherwise expedient in the public interest so to do, he may -(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this act or under any other law for the time being in force; or(ii) where no such price is fixed, order the same to be sold by public auction:provided ..... , a check on exercise of power to seize the goods. the procedure after seizure is provided for by section 6a of the act. sub-section (1) of it is extracted below:6-a. confiscation of essential commodity. - (1) where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report of such seizure shall, without unreasonable delay .....Tag this Judgment!
Court : Kerala
Decided on : Mar-03-1994
Reported in : 1994CriLJ2564
..... the appropriate court and for their safe custody pending such production.explanation: 'appropriate court' in this sub-clause shall mean such court as is specified in or under the essential commodities act, 1955 in which proceedings would lie for contravention of the provisions of this order.(2) the provisions of the code of criminal procedure, 1898 (central ..... cement distribution control order, 1974. since the respondents have not satisfied me that there is any valid proceedings initiated against the petitioner, for violation of any provisions of the essential commodities act, cement distribution control order, 1974 or the violation of the conditions of the licence issued to him, i declare that the petitioner is entitled to get the value of ..... the said contention also. if the petitioner had contravened with any of the provisions of the kerala cement distribution control order, 1974 or any of the provisions of the essential commodities act, it is perfectly open for the respondents to initiate appropriate proceedings against the petitioner for violation of any law or the conditions of the licence. no such proceedings were ..... regard also. the above conduct of respondents 2 and 3 constrained me to arrive at the irresistible conclusion that respondents 2 and 3 have acted vindictively and without any bona fide in the whole matter and acted against the interest of the petitioner illegally.21. learned counsel submitted before me that even though the matter was reported before the district .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-21-1994
Reported in : (1994)2CALLT43(HC)
..... in exercise of the powers conferred by clauses 12a, 12c and 12d of the colliery control order, 1945 as continued in force by section 16 of the essential commodities act, 1955, the central government lifted the ban on transport, diversion, purchase, acquisition, etc. of soft coke certain other categories of coal. similar notification was also issued ..... which were started and which are continuing on the basis of the impugned charge-sheet nos. 61 and 93, both dated 20-7-89 under the essential commodities act are hereby quashed and the proceedings continuing on the basis of the charge-sheet no. 94 dated 20-7-89 under sections 407/408/ 477a/419 ..... in any of the charge-sheets it is disclosed as to what order was violated so as to attract the provisions of section 7 of the essential commodities act. what is mentioned in this connection in fir is diversion of coal to a different destination. it is argued by the learned advocate for the ..... violation of para-12b of the colliery control order, 1945 or for that matter, any provision of the essential commodities act and that being so, patently section 7(1)(a)(ii) or section 8 e.c. act is not attracted in these cases. it is however argued by the learned advocate for the state that ..... this case also, one being charge-sheet no. 93 dated 20-7-89 under section 7(1)(a)(ii) read with section 8 e.c. act, 1955 and section 120b ipc against 13 accused persons including the present petitioners and the other being charge-sheet no. 94 dated 20-7-89 against the same .....Tag this Judgment!