Court : Karnataka
Decided on : Jan-17-2000
Reported in : ILR2001KAR380; 2001(1)KarLJ282
..... ends to meet. 3. the state government, in exercise of its powers conferred under section 5 of the essential commodities act, 1955 ('act' for short), has made karnataka essential commodities (public distribution system) control order, 1992 to regulate the distribution of essential commodities (rice, wheat, wheat products, sugar, edible oil and kerosene). clause 3 of the said order provides ..... of the powers delegated to it under the provisions of the essential commodities act, 1955. the two orders regulate two different spheres of activity. the first regulates dealing in essential commodities other than essential commodities distributed under the public distribution system. the second regulates distribution of essential commodities under the public distribution system. a conjoint regarding of the licensing ..... authorised authority under the pds control order and obtaining of a licence under the licensing order will not entitle such licensee under the licensing order to distribute essential commodities (including kerosene) under the public distribution system. this court, after considering the provisions of pds control order and the kerosene (restriction on use and ..... holder shall run the fair price depot, in accordance with the terms and conditions contained in the authorisation and no other person shall sell any essential commodity supplied by the government meant for distribution under public distribution system. there is no provision under the pds control order, for grant of hawkers' .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-10-2000
Reported in : 2000(5)ALD486; 2000(3)ALT562a
..... effectively with persons indulging in such anti-social activities and the evil of vicious inflationary prices, it is necessary to make certain special provisions, by way of amendment to the essential commodities act, 1955 (10 of 1955) for a period of fifteen years.'4. originally the period given was ten years but it was amended by another amendment to make it fifteen years. this amendment ..... court while disposing of a batch of writ petitions being wp no.15224 of 1999 and batch found that the amending act 18of 1981 was not in existence therefore cases under essential commodities act had to be dealt with in accordance with the essential commodities act, 1955 as it stood before the amendment of 1981. necessary directions were given. it appears that the registry had issued a circular ..... is no saving clause, therefore, offences registered after 25th april, 1998 shall have to be dealt with under the unamended act i.e., essential commodities act, 1955. the offences registered before 25th april, 1998 can be dealt with either the ordinances or the amending act 18 of 1981 depending upon the date on which the offence was committed.7. with these clarifications, the application is disposed .....Tag this Judgment!
Court : Jharkhand
Decided on : Dec-15-2000
Reported in : 2001(49)BLJR209; 2001CriLJ1114
..... thereafter take or authorise the taking of all measures necessary for securing the production of stocks/items so seized before the collector having jurisdiction under the provisions of the essential commodities act, 1955 (10 of 1955) and for their safe custody pending such production. (2) while exercising the power of seizure provided under sub-clause (4), the authorised officer shall record in writing the ..... petrol were also found during the raid. thus, it is apparent that the allegations as made out in the fir constitute the offence for prosecution under section 7 of the essential commodities act.11. section 7 of the motor spirit and high speed diesel (prevention of malpractices in supply and distribution) order, 1990 reads as follows : .'7. power of search and seizure.--( ..... and as such the sanction order is legal and has been rightly made. the raiding party also found shortage of diesel and there is clear violation of the provisions of essential commodities act and as such the application filed by the petitioner is fit to be dismissed, as thespecial judge has also taken cognizance in the instant case, after being satisfied from the ..... prasad, j.1. both the cases heard together as they arisen out of the same fir being dhanbad (saraidhela) ps. case no. 788 of 1998 under section 7 of the essential commodities act and are being disposed of by this common judgment.2. both the applications under article 226 of the constitution of india and under section 482 of the code of criminal .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-29-2000
Reported in : AIR2000SC1132; 2000(4)ALT21(SC); JT2000(2)SC508; RLW2000(1)SC141; 2000(2)SCALE172; (2000)3SCC306; 2SCR24
..... us in these appeals.4. the short question involved in these appeals is - whether fine in lieu of confiscation contemplated under the second proviso to section 6a(1) of the essential commodities act, 1955 (hereinafter referred to as 'the act') provides for levy of fine on the basis of market value of the confiscated vehicle or on the basis of the market price of the ..... result, the appeals are allowed and the impugned orders holding that measure of imposing fine in lieu of confiscation under second proviso to section 6a of the essential commodities act would be the market price of the essential commodity seized are set aside. however, considering the fact that since vehicles are already released, no further directions are required to be given with regard to the ..... essential commodity sought to be carried by such vehicle. section 6a of the act is as under:6a. 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 ..... carried by such animal, vehicle, vessel or other conveyance. (emphasis supplied)5. at the outset it is to be stated that the object of the act is to deter a person from illegally dealing in an essential commodity and consequently, impose a deterrent penalty against a person dealing in them illegally. while doing so, the law takes care to prevent the owner of .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-09-2000
Reported in : 2000(4)WLC506; 2000(3)WLN113
..... entity. (3). on promulgation of the sugar (price control) order 1979 on 12.9.79 by the central government in exercise of its powers u/sec. 3 of the essential commodities act, 1955, the maximum ex-factory price of sugar as well as maximum price at which sugar could be sold in retail was fixed. according to the said order of 1979, a ..... many fields legislation has interfered to prevent one party to a contract from taking undue or unfair advantage of the other and such legislative measure include. control orders relating to essential commodities the court referred to position of such unconscionable terms qua their enforceability under american practice with a nod of approval. 'if a contract or term thereof is unconscionable at ..... term asto avoid any unconscionable result.'(23). in the light of aforesaid it can be unhesitantly stated that by promulgating sugar price control order regulating the price of sugar, an essential commodity, the legislative authority has interfered with the freedom of contract of contracting parties to prevent the one party to the contract (seller) from taking undue and unfair advantage of ..... the other (the buyer) in order to prevent profiteering from trade in essential commodities taking undue and unfair advantage of buyers' poor bargaining capacity, either to buy or go without it. this curtailed the freedom of seller to fix the consideration of sugar beyond .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-13-2000
Reported in : 2001CriLJ1474; (2001)3GLR2261
..... the complaint was barred by limitation prescribed under section 468 of the code of criminal procedure, because such contravention was punishable under section 7(1)(a)(i) of the essential commodities act, 1955 ('the act' for short), with imprisonment for a term which may extend to one year and fine. since, in the present case also, the complaint was in respect of ..... , etc., of essential commodities :- (i) if the central government is of opinion that it is necessary or expedient so to ..... do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, '(or ..... section 3(2)(h) and (i) of the act, but it would fall under section 7(1)(a)(ii) thereof. 3. the relevant provisions which are required to be kept in mind from the said act, the act of 1981, and the order as well as the code are as under :- 'the essential commodities act, 1955. section 3. powers to control production, supply, distribution .....Tag this Judgment!
Court : Chennai
Decided on : Apr-07-2000
Reported in : 2000(4)CTC108
..... to the orders of the government are necessary in order to dispose of these writ petitions. the right of the dealers are governed by two control orders issued under the essential commodities act, 1955. they are :(i) kerosene (fixation and ceiling prices) order, 1978 issued by the centralgovernment (hereinafter referred to as the central government order);and (ii) tamil nadu (regulation of ..... to a legal subsisting right, to the legal representatives. hence, the decisions which are circulated, in my, view have no relevance to the facts and circumstances arising under the essential commodities control. orders and the right of the government to determine the class of distributors. .16. for all the above reasons, no grounds are made, out to grant the ..... which require investment, maintenance etc. the government has conciously made no provision in reference to the transfer of the licences or registration certificates. further, this is dealing with essential commodities for effective distribution of the same. therefore, there cannot be any creation of a vested interest or a continued or perpetual right of the licence or certificate of registration. ..... infer something which is not available on the basis of the provisions of transfer of property act. in my view, that argument is made out of desparation without any legal basis. the licence issued to a retailer for vending kerosene, which is an essential commodity, as one of the mode of the public distribution system, cannot be treated as a .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-28-2000
Reported in : 2000(4)ALLMR84; (2001)3BOMLR553; 2001(1)MhLj41
..... of the provisions of the said order or of the terms and conditions of a license/permit shall be punishable under section 7 of the essential commodities act, 1955. it is thus clear that the sugar cane growers are not only estopped from exporting the sugar cane to some other karkhana but they are ..... or whose cases are not covered by the enquiry report, may approach the co-operative court under section 91 of the maharashtra co-operative societies act and if such disputes are filed within a period of 4 weeks from today, the concerned co-operative court shall decide the claim for compensation ..... this court and the affected sugar cane grower would have to approach the co-operative court under section 91 of the maharashtra co-operative societies act, in case the cane grower is a member of the sugar factory concerned or a non-member sugar cane grower has entered into an agreement ..... officer's report and it would be expedient to relegate them to approach the cooperative court under section 91 of the maharashtra co-operative societies act, 1960 to raise a dispute for recovery of compensation so that the respective parties are at liberty to adduce sufficient evidence in support of their ..... v. state of maharashtra and others,. this court has consistently taken a view that a co-operative society registered under the maharashtra co-operative societies act, 1960 is not an authority or instrumentality of the state within the meaning of article 12 of the constitution and, therefore, a writ of mandamus .....Tag this Judgment!
Court : Delhi
Decided on : Dec-04-2000
Reported in : 2001(59)DRJ197
..... judgment since what is under attack is the fixation of price of levy sugar under orders issued under section 3(3-c) of the essential commodities act, 1955 (hereinafter referred to as 'the act')'10. in para-94 of the said judgment, supreme court while dealing with the arguments advanced by the counsel for the petitioner has ..... order as regards to the cane price and refix the price of levy sugar having regard to the factors mentioned in section 3(3-c) of the essential commodities act. he has further contended that government was further directed to issue amended notification by 31.12.1993. lengthy arguments have been advanced on the basis of ..... 83, the same prices will be applicable in the case of the petitioners. he has further contended that as per the levy sugar price equalisation fund act, 1976 a producer shall on the final disposal of the proceedings of the court aforesaid, or in any court of appeal or revision, has to ..... the sugar control order and the price of levy sugar has to be fixed having regard to the factors mentioned in section 3(3-c) of the act. it was contended by mr. sudhir chandra that the supreme court took note in shri malaprabha coop. sugar factory ltd. 's case decided in 1997 ..... 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, thereforee, this court while giving the aforesaid direction also directed them to refix the price of levy sugar having regard to those factors also. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-31-2000
Reported in : JT2000(4)SC1; 2000(2)SCALE724; (2000)4SCC137
..... did intervene.5. we may examine what is steel development fund (sdf) and how it is utilised.6. central government in exercise of its powers under section 3 of the essential commodities act, 1955 issued the iron and steel (control) order, 1956 (for short the 'order'). clause 15 of the order gives power to the controller to fix price at which any iron or ..... in the books of sail and tisco as credited to the central government. joint plant committee itself has no role to play in the utilisation of sdf as such. it acts as per the directions of the central government. the purpose for which the sdf has been created is clearly spelt in para (9a) of notification dated december 27, 1978 and .....Tag this Judgment!