Skip to content


Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Year: 1997 Page 1 of about 127 results (0.223 seconds)

Jan 28 1997 (SC)

Food Corporation of India, Etc. Etc. Vs. State of Kerala

Court : Supreme Court of India

Decided on : Jan-28-1997

Reported in : AIR1997SC1252; JT1997(2)SC243; 1997(1)SCALE720; (1997)3SCC410; [1997]1SCR24; [1997]105STC4(SC)

..... (hereinafter called 'the fci') is liable to pay sales/ purchase tax to the states while purchasing foodgrains or in distributing fertilizers pursuant to orders issued under section 3 of the essential commodities act, 1955?3. there is a difference of opinion among the high courts on this question. a division bench of the allahabad high court (lucknow bench) has taken the view that the ..... ii reads as follows:explanation ii:for the purpose of this sub-section, in relation -to purchases of foodgrains in pursuance of any orders made under section 3 of the essential commodities act, 1955 including any purchase in excess of the levy share, the purchase first made by a dealer from the state government or its purchasing agent shall be the first purchase of ..... of list ii of 7th schedule to the constitution of india. consequently, the levy procurement is not at all taxable under the u.p. sales tax act. after referring to relevant provisions in the essential commodities act, 1955 and the levy control orders, it was pointed out that the persons holding stocks of foodgrains are required compulsorily by force of the statutory orders to part ..... in the cement and in the other property in the paddy and rice was transferred for case consideration by the appellants. when the essential goods are in short supply, various types of orders are issued under the essential commodities act, 1955 with a view to making the goods available to the consumer at a fair price. such orders sometimes provide that a person in .....

Tag this Judgment!

Nov 25 1997 (SC)

Bejgam Veeranna Venkata Narasimloo and ors. Vs. State of A.P. and ors.

Court : Supreme Court of India

Decided on : Nov-25-1997

Reported in : AIR1998SC542; JT1997(9)SC274; 1997(7)SCALE146; (1998)1SCC563; 1998(1)LC192(SC)

..... andhra pradesh government, issued a gazette notification to the following effect:'in exercise of the powers conferred by clause (c) of sub-section (2) of section 3 of the essential commodities act, 1955 (central act 10 of 1955) read with the order of the government of india, ministry of agriculture (department of food), new delhi in gsr no. 316(e) dated the 20-6-1972 and ..... imposed as if the said order has not been rescinded.* * *11. in exercise of the powers conferred by clause (c) of sub-section (2) of section 3 of essential commodities act, 1955 (central act 10 of 1955) read with the order of the government of india, ministry of agriculture (department of food), new delhi gsr no. 316 (e), dated 20-6-1972 and of all other ..... of andhra pradesh on 8-10-1975, which is as under:'notificationin exercise of the power conferred by clause (c) of sub-section (2) of section 3 of the essential commodities act, 1955 (general act 10 of 1955) read with the order of the government of india, ministry of agriculture (department of food), new delhi, gsr no. 316 (e) dated the 20-6-1972 and all ..... sen, j.1. section 3 of the essential commodities act, 1955 confers upon the central government power, inter alia, to regulate production, supply and distribution of essential commodities for securing their equitable distribution and availability at fair prices. the power given to the central government by sub-section (1) of section 3 is in very broad terms. subsection ( .....

Tag this Judgment!

Jan 28 1997 (HC)

Badri Lal Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-28-1997

Reported in : 1997CriLJ2060; 1997(1)WLN268

..... tried the petitioner on the charges of violation of abovementioned conditions which were punishable under section 7 read with section 3 of the essential commodities act, 1955 (for short 'the act'). since the permanent instructions were not found to have ever been promulgated or published for the knowledge of the petitioner, violation thereof ..... a trust the petitioner appears to have behaved in a preplanned manner to enrich himself at the cost of the poor consumers of the essential commodity. he obtained 11 qtls. of levy sugar on 20-5-1977 but did not reflect the same in the stock register as late ..... offender and upholds the majesty of law and faith of the people in the justice-dispensing institution must be imposed.9. offences against the act 1955 are offences against the society at large. those are anti-social in character as well as anti-economy in nature. in the socialistic ..... available for inspection, whenever required.8. the authorisation holder shall display the opening balance and period of each variety of foodgrains and other essential articles at a concerned place at his business premises in bold letters.10. the authorisation holder shall give all facilities at all reasonable ..... far as possible, have been taken through socio-economic legislation after independence. orders like order 1976 promulgated under section 3 of the act of 1955 are the instances of the legislature efforts to take the fruits of democracy though the measures of public distribution system to such fellow .....

Tag this Judgment!

Mar 18 1997 (HC)

The Modern Mills Limited Vs. the Deputy Commissioner Dharwar

Court : Karnataka

Decided on : Mar-18-1997

Reported in : 1998(1)ALT(Cri)84; ILR1997KAR1194; 1997(4)KarLJ345

..... (declaration of stocks) order, 1976. on the following day i.e., 19.1.1988, police registered crime no. 71 88 under sections 3 and 7 of the karnataka essential commodities act, 1955 (in short 'the act) and proceeded with the investigation. in the meantime, on an application filed by the petitioner, the seized tins were released to in his favour by the collector under his ..... petitioner unconditionally and as such, the bank guarantee given by the petitioner in favour of the collector should be deemed to have been revoked.4. section 6c(2) of the essential commodities act reads as under:'section 6c(2) : where an order under section 6a is modified or annulled by the state government or where in a prosecution instituted for the contravention of ..... ) of section 3; (ii) in the case of sugar, in accordance with the provisions of sub-section (3-c) of section 3; and (iii) in the case of any other essential commodity, in accordance with the provisions of sub-section (3) of section 3.'5. in the case of ram sharan sag v. state of bihar, 1977 patna law journal report 343 ..... , such person shall, except as provided by sub-section (3) of section 6a, be paid the price therefore as if the essential commodity had been sold to the government with reasonable interest calculated from the day of the seizure of the essential commodity and such price shall be determined- (i) in the case of foodgrains, edible oil seeds or edible oil, in accordance with .....

Tag this Judgment!

Jan 28 1997 (SC)

Shri Malaprabha Coop. Sugar Factory Ltd. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Decided on : Jan-28-1997

Reported in : JT1997(2)SC361; (1997)10SCC216; [1997]1SCR641

..... cases challenging the fixation of price of levy sugar for the years 1974-75 to 1979-80, by orders issued under section 3(3-c) of the essential commodities act, 1955, was disposed of by this court by a common judgment dated 22.9.93. this court held that the impugned orders/notifications were bad as the price ..... is to be added to the smp of sugarcane while computing the element of cost as per factor 'a' of section 3(3-c) of the essential commodities act, 1955 for purposes of price fixation; (b) the levy sugar prices may be refixed taking into account only factors 'a' to 'd' of section 3(3-c) ..... of the essential commodities act, 1955.it wanted this court to clarify:..whether the revised levy sugar price should be the sum total of factors 'a', 'b1, 'c and 'd' of section 3(3-c) of the ec act in case of price fixation. 3. that application was dismissed with ..... price of levy sugar. obviously, the price of levy sugar has to be fixed having regard to the factors mentioned in section 3(3-c) of the act and, therefore, this court while giving the aforesaid direction also directed them to re-fix the price of levy sugar having regard to those factors also. ..... of the sugarcane (control) order, 1966 (hereinafter referred to as the '1966 order'), having regard to the factors mentioned in section 3(3-c) of the act. the government was also directed to issue the amended notifications by december 31, 1993.2. the union of india was not satisfied with the judgment and, therefore, .....

Tag this Judgment!

Nov 06 1997 (HC)

Deo Saran Kushwaha and Others Vs. State of U. P. and Others

Court : Allahabad

Decided on : Nov-06-1997

Reported in : 1998(1)AWC369

..... the respondents.2. by the impugned order dated 8th march, 1991 the collector. ghazipur has declined to pay to the petitioners sale proceeds of the essential commodities seized for violation of the provisions of essential commodities act, 1955 (hereinafter called the 'act'), on the ground that the question of payment of sale proceeds would be considered by the competent court dealing with the case under section 3 ..... /7 of the act and that he had no jurisdiction to do so.3. the court has carefully scrutinized the impugned order and is of the opinion ..... in section 6a of theact.4. conjoint reading of sub-section (1) and sub-section (3) of section 6a of the act makes it clear that sale proceeds of essential commodities which is seized and sold under section 6a of the act can be paid to the owner or the person from whom it is seized only upon existence of the following conditions :(a ..... that when it was passed, the matter was under investigation. thus, the order cannot be assailed. it is perfect and in conformity with the provisions of section 6a of the act.6. in the result, the petition fails and is hereby dismissed.

Tag this Judgment!

Jul 14 1997 (HC)

Sai Seed Agricultural Farms, Rep. by Its Prop. Sambari Shankar and ors ...

Court : Andhra Pradesh

Decided on : Jul-14-1997

Reported in : 1997(6)ALT32

..... the authorities under the essential commodities act, 1955 and submits that inasmuch as seeds (control) order, 1983 is an order framed in exercise of section 3 of the essential commodities act, 1955, that will prevail because of the above non obstante clause.5. the essential commodities act, 1955 is an enactment made in the interest of general public with respect to production ..... doctrine of 'occupied field' arises for consideration.2. the petitioners have been prosecuted in crime no. 20/vc-adb/90 for the offence punishable under sections 7 and 8 of essential commodities act, 1955 on the ground of violation of clause 3(1) of seeds (control) order, 1983. the writ petition was admitted and stay was granted and as such, prosecution did not proceed ..... launched under seeds (control) order, 1983, which had been promulgated in exercise of the powers contained under section 3 of the essential commodities act, 1955, is unsustainable.4. countering his arguments, ms. rohini, the learned government pleader submits that section 6 of the essential commodities act, 1955 contains a non obstante clause and as such, anything repugnant in other enactment will have to yield to the jurisdiction of .....

Tag this Judgment!

Jan 28 1997 (HC)

M. Shashikala Vs. the Collector, Civil Supplies and anr.

Court : Andhra Pradesh

Decided on : Jan-28-1997

Reported in : 1997(1)ALD(Cri)918; 1997(2)ALT574

..... us. 10. it is apparent from the facts stated supra that proceedings have been initiated against the petitioners under section 6-a of the essential commodities act.11. there can be no doubt that the essential commodities act, 1955 (for short 'e.c. act') has been enacted with the object to provide, in the interest of the general public, for the control, production, supply and distribution of trade ..... an endorsement returning the application that in view of the proceedings initiated under section 6a of the essential commodities act, the 1st respondent-district collector had instructed that the essential commodities should not be supplied to such of those dealers against whom proceedings under section 6-a of the essential commodities act, 1955 are initiated.4. i have directed the learned government pleader by order dated 22-1-1996 ..... (licensing & distribution) order, 1982 and clauses 3 and 4 and conditions of the authorisation issued under andhra pradesh scheduled commodities (regulation of distribution by card system) order, 1973 read with section 7 of the essential commodities act, 1955. during the course of such search and seizure, the panchanama discloes, that 9 cardholders were alleged to have been examined and the said card holders are alleged .....

Tag this Judgment!

Sep 30 1997 (HC)

Mukesh and Etc. Etc. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Sep-30-1997

Reported in : 1998CriLJ2439

..... . they were accused of having contravened clauses 3 and 6 of the liquified petroleum gas (regulation of supply and distributor) order, 1988 (the order) punishable under sections 7 of the essential commodities act, 1955. a police report under section 170/173, cr.p.c. was submitted in the court of the special judge on 14-6-1993. in the list of witnesses only eight ..... , accused of having contravened clauses 3 and 4 of lubricating oil and greese order 1987 punishable under section 7 of the essential commodities act 1955 (the act). a police report under section 170/173, cr. p.c. was made against him to the special judge (essential commodities act) cases on 1 -3-1993 and on the same day the learned special judge took cognizance of the case. particulars ..... or 325, cr. p. c. a de-novo trial shall have to be commenced. while making the observation to the effect that 'as the trial of the offences under the essential commodities act is to be made in a summary way, therefore, the provisions of section 326, cr. p. c. are not applicable to the present case and the learned chief judicial magistrate ..... 322, cr. p. c, or in which the proceedings have been submitted to its previous magistrate under section 326, cr. p. c. as the trial of the offences under' the essential commodities act is to be made in a summary way, therefore, the provisions of section 326, cr. p. c. are not applicable to the present case and the learned chief judicial magistrate .....

Tag this Judgment!

Sep 02 1997 (HC)

Velji Vs. State of Rajasthan

Court : Rajasthan

Decided on : Sep-02-1997

Reported in : 1998CriLJ970

..... is no clear contravention of the provisions of the orders under reference, the breach thereof attracts liability under section 3 read with section 7 of the essential commodities act, 1955.20. now, in the end, as regards the sentencing of the convict-petitioner, the learned counsel for the petitioner submitted that the incident relates back ..... of the said licence ex. p-1 issued under clause 4(2) of the 1977 rules issued by the state government under section 3 of the essential commodities act of 1955 without showing the purchase, its source and quantity in the stock register, of 8 tins of packed palm-oil as well as 70 kgs. of ..... be mentioned in the judgment, impose a sentence of imprisonment for a term of less than 3 months. sub-section (2-b) of section 7 of the essential commodities act says that for the purposes of sub-sections (1), (2) and (2-a), the fact that an offence under sub-clause (ii) of clause ..... air 1992 sc 1595 : 1992 cri lj 2327 the petitioner having been convicted and sentenced under section 3/7(i)(a)(ii) of the essential commodities act which provides sentence of imprisonment for term which shall not be less than three months but which may extend to seven years and fine with a ..... and order dated 17-8-88 passed by the learned sessions judge, dungarpur upholding convict-petitioner's conviction under section 3 read with section 7 of the essential commodities act and sentencing him to undergo two years' r. i. and a fine of rs. 2500a and, in default of payment of fine, to further .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //