Court : Gujarat
Decided on : Apr-10-2001
Reported in : (2001)3GLR2192
..... no. 44 of 2001 has arisen, the appellant while challenging the validity of the impugned order of 1998 on the ground that it was ultra vires the provisions of the essential commodities act, 1955, also sought for a direction on the respondents to allot to him a monthly quota of 500 m.t. of naphtha for manufacture of its product 'patrex' as ..... ) order, 1998 (hereinafter referred to as 'the impugned order of 1998') and seeking a declaration that the petitioner's product 'patrex' was not covered by the essential commodities act, 1955 (hereinafter referred to as 'the act') and impugned order of 1998. the appellant also challenged the order dated 3rd june, 1999, at annexure 'k' to that petition passed by the district supply officer ..... motor gasoline'. it was further stated : 'as defined under the bombay sales of motor spirit taxation act, 1958, 'patrex' is a motor spirit, declared as an essential commodity under the essential commodities act, 1955 act no. x of 1995, and classified as class 'a' petroleum product under the petroleum act, 1934 and the petroleum rules, 1976'. it was stated that the appellant would be willing to comply ..... the central government to regulate quantitative as well as qualitative aspects of the essential commodity. in paragraph 17 of the judgment, it was observed that the provisions of hie fruit products order, 1955 which was issued under section 3 of the said act were meant to regulate qualitative aspects of the food products covered by it and that, by virtue of .....Tag this Judgment!
Court : Orissa
Decided on : Dec-05-2001
Reported in : 93(2002)CLT278; 2002(I)OLR262
..... brought to our notice that a learned single judge of this court in sadhu charan meher v. state of orissa, 2001(21) ocr 353 has held that offences under the essential commodities act, 1955 are bailable. as the aforesaid view was doubted, we have examined the entire matter and would deal with the same hereinafter.2. a. clarification of the judgment dated 14.8 ..... an application made under section 482, cr.p.c. by which cognizance taken by the special judge, bolangir under sections 7, 8, 9 and 10 of the essential commodities act, 1955 (hereinafter referred to as the principal act) was challenged by the petitioner usha sinha on the ground that he (special judge) had no jurisdiction. after hearing both sides, by judgment dated 14.8.2001 ..... the prosecution and direct transfer of all such casespending before the special courts to such courts having jurisdiction to try offences under the principal act to deal with them according to law.b. whether offences under the essential commodities act. 1955 are bailable.8. as stated in the introductory part of this order, in sadhu charan meher (supra) a learned single judge of this court ..... has held that the offences under the aforesaid act are bailable basing on a decision of the madhya pradesh high court in dinesh kumar dubey v .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-31-2001
Reported in : 2002(1)ALLMR75; (2002)1BOMLR62; 2002(2)MhLj631
..... from abroad) and include the quantity of the bulk drugs exported. it was also strongly emphasised that dpco's have been issued under section 3 of essential commodities act, 1955, which can regulate prices of essential commodities within the territorial limits of india and not outside the territorial limits of india. the main objective is to provide cheap drugs to; our indian populace ..... control. 27. mr. rohit kapadia on behalf of the petitioners has contended that dpco 1995 was issued in exercise of the powers conferred under section 3 of the essential commodities act, 1955 and was based on the new drug policy issued on 15th september, 1994, prior to the same, the drug policy of 1986 coupled with the drug price control ..... the dpcos only exercise power under section 3 of the essential commodities act, 1955 and cannot purport to nor are they intended to regulate prices of essential commodities, i.e. drugs outside the territorial limits of india, section 3(1) of the act, provides as under :-- '3. powers to control production, supply, distribution, etc. of essential commodities. -- (1) if the central government is of the ..... bulk drug ciprofloxacin nor the formulations made therefrom were brought under price control. 10. the dpco 1995 has been issued in exercise of powers under section 3 of the essential commodities act, 1995 and pursuant to the new drug policy 1994 issued on 15th september, 1954 by the ministry of chemicals and fertilizers, government of india. previously, the following .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-28-2001
Reported in : 2001(2)AWC1268
..... and at a price not exceeding the price determined under sub-section (3c) of section 3 of the essential commodities act, 1955. explanation.--'levy sugar' means the sugar requisitioned by the central government under clause (f) of subsection 12) of section 3 of the essential commodities act. 1955.'3. for the sugar year 1999-2000, the central government issued an order under which 30 per cent ..... the price of levy sugar for the year 1999-2000 has been fixed at rs. 1.015.67 per quintal.2. sub-section (1) of section 3 of the essential commodities act (for short e.c. act) provides that if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any ..... of themanufacturers under clause5a of the sugarcane (control)order as regards cane priceand re-fix the price of levysugar having regard to thefactors mentioned in section 3(3c)sential commodities act, 1955~^ of the act. thegovernment will have lime toissue the amendednotification as directed abovetill december 31. 1993.'11. the union of india being not satisfied with the aforesaid directions filed review ..... essential commodity, or for securing their equitable distribution and availability at fair prices, it may by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : May-08-2001
Reported in : AIR2001AP486; 2001(3)ALT735
..... india.3. the contention before the learned single judge was that the sugarcane (control) order, 1966 was issued in exercise of the power under section 3 of the essential commodities act, 1955 and clause 3 of the said order enables the central government to fix the statutory minimum price payable by the owners of the vacuum pan process sugar factories or ..... . after elaborate discussion of the constitutional provisions, particularly, dealing with the legislative list, it was held by the supreme that the essential commodities act, 1955 and the sugar cane control order are traceable to entry 33 of list iii and as such, both the parliament and state legislatures have got legislative power, subject, ..... control is not governed by the provisions of industries (development and regulation) act, 1951, a central government enactment, the same falls within the provisions of the essential commodities act and consequently the sugarcane (control) order, 1966 having been issued in exercise of the powers under section 3 of the essential commodities act, 1955 prevails and the central government alone is the authority to fix the ..... minimum price and not the state government. the learned counsel submits that even though the legislative source for enactment of essential commodites act, 1955 is derived from entry 33 of list iii and even though the .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-15-2001
Reported in : 2002(1)ALLMR366; 2002(1)BomCR1; (2002)2BOMLR170; 2002(1)MhLj551
..... state of maharashtra and respondent no. 4 is the senior inspector of police at bombay, who is authorised to file prosecution for offences under the essential commodities act, 1955. on 7-4-1994, in exercise of the powers conferred under clause 4 of the cotton control order, the textile commissioner issued a notification which ..... of a like nature dealing with the failure to comply with the requirements of rule 119 of the defence of india rules or the essential supplies act, or the essential commodities act, were also brought to our notice but we consider that they do not assist us in the present appeal. where there is a ..... -1994 and as the returns were filed on 28-4-1994 and 3-5-1994, prima facie offence under the provisions of section 3 of essential commodities act r/w the notification dated 7-4-1994 was made out and, accordingly, the fir was lodged which does not suffer from any infirmity or ..... could be said to have been passed, and (b) when it comes into effect. the position in england has been clarified by the statutory instruments act of 1946, though there is a slight ambiguity in the language employed in it, which has given rise to disputed questions of construction as regards ..... country in such media as generally adopted to notify to all the persons concerned the making of rules. in most of the indian statutes, including the act now under consideration, there is provision for the rules made being published in the official gazette. it, therefore, stands to reason that publication in .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Mar-05-2001
Reported in : 2002CriLJ335; 2001(3)MPHT375; 2001(3)MPLJ414
..... ') for anticipatory bail. it relates to crime no. 23/2001 of police station multai, district betul.2. the case has been registered under section 7 of the essential commodities act, 1955 (hereinafter to be referred to as 'the act') for contravention of clause 4 (c) of the kerosene (restriction on use and fixation of ceiling price) order, 1993 hereinafter to be referred to as 'the ..... order with imprisonment which may extend to seven years. the contravention of clause 4 (c) of the control order issued under section 3 of the act is punishable with imprisonment which may extend to seven years.5. then came the essential commodities (special provisions) act, 1981 (act no. 18 of 1981) by which the words 'and non-bailable' were added in section 10a of the ..... act. this amendment was not a permanent feature of the act. it was for a specified period and it was extended from time to time. the said amendment ..... ultimately lapsed after the expiry of the period of the essential commodities (amendment) ordinance, 1998 which was promulgated on 25-4-1998. as the .....Tag this Judgment!
Court : Jharkhand
Decided on : Feb-08-2001
Reported in : 2001(49)BLJR1261; 2001CriLJ2440
..... 1999 by the special judge, who has also got no power to take cognizance as admittedly act 18 of 1981 by which special provision by way of amendment in the essential commodities act, 1955 was inserted for a period of 15 years has already been expired and no further act or ordinance came into force. the special court being the special judge were constituted for the ..... offence triable by the judge who shall be appointed by the high court as per section 12a of the essential commodities act and both sections 12a and ..... is further submitted that there is aprovision for punishment of three years under section 414, ipc and there is also provision for one year punishment under section 7 of the essential commodities act and as such cognizance has been taken after expiry of relevant period as provided under section 468(2)(c). it is further, submitted that the confiscation proceeding was also initiated ..... 482 of the code of criminal procedure forquashing the entire criminal proceeding in connection of kanke ps case no. 119 of 1987 for the offence under section 7 of the essential commodities act and 414 of the indian penal code including the order of taking cognizance dated 5.3.1999. 2. the short case of the prosecution as alleged that the informant raided .....Tag this Judgment!
Court : Rajasthan
Decided on : May-16-2001
Reported in : 2002(1)WLC245; 2002(1)WLN219
..... been sentenced to one year's rigorous imprisonment and a fine of rs. 3,000/- for offence under section 3/7 of the essential commodities act, 1955 (hereinafter referred to as 'the act') and in default of payment of fine, to further undergo three months' regorous imprisonment. the accused gamana ram has been sentenced to ..... he was transporting levy cement in contravention of the control order. in the absence of any such evidence, conviction for abatement of licence under the essential commodities act or an order thereunder, is not permissible. on this ground alone, the appeal of gamana ram is liable to be accepted. in so far ..... founded and are liable to be accepted.6. the provisions of section 3 of the act provide and enable the state govt. to make orders from time to time to control certain commodities which are defined as 'essential commodity' either by the central govt. or by the state govt. it was in exercise ..... contravention of the order of 1974. in the absence of such evidence, according to the learned counsel, no conviction under section 8 of the act for abetting the offence for violation of any order thereunder is possible.5. i have carefully considered the submissions of the learned counsel and ..... three months' rigorous imprisonment and a fine of rs. 750a for offence under section 8 of the act and in default of payment of fine, to further undergo rigorous imprisonment for 21 days. independent appeals have been filed by the accused which .....Tag this Judgment!
Court : Orissa
Decided on : Jul-13-2001
Reported in : AIR2002Ori12
..... and irrigation (department of food)order new 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 ..... framed orissa rice & paddy procurement (levy) and restriction on sale & movement order, 1982 in exercise of powers vested in it under section 3 of the essential commodities act, 1955 reserving to itself the right to fix the procurement price for every variety of rice which include the support price meant for the producers. the said order requires ..... is necessary to consider the, relevant provisions , of the essentialcommodities act, 1955 (hereinafter referred to as 'the e.g. act')and the control orders formulated and framed thereunder bythe state government.section 3 of the essential commodities act, 1955 reads thus :'section 3. powers to control production supply, distribution etc. of essential commodities- (1) 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 .....Tag this Judgment!