Court : Gujarat
Decided on : Aug-01-2003
Reported in : (2003)3GLR2331; (2003)4GLR950
..... specific reference in the 'kerosene (restriction on use and fixation of ceiling price) order, 1993 issued by the central government in exercise of its powers under sec. 3 of the essential commodities act, 1955, is thus a well-known concept. the amendment in part ii of schedule i of the licensing order, 1981 by the amendment order dated 22-2-1994, by which 'kerosene ..... either from domestic production or by imports and it is sold at subsidised prices.14.1 the central government, in exercise of its powers under sec. 3(1) of the essential commodities act, 1955, made public distribution system (control) order, 2001 on 31st august, 2001, after forming an opinion that it was necessary and expedient so to do for maintaining supplies and securing availability ..... the decision of the learned single judge in the petitions which have been rejected and opposing it in the petitions which have been allowed, contended that the provisions of the essential commodities act, 1955 were placed at item 126 in the ninth schedule read with art. 31b of the constitution of india and this fact should be kept in mind while dealing with any ..... a decision which is not in a larger public interest. such a decision wasnot ultra vires the object of the licensing order of 1981 or against any provisions of the essential commodities act, 1955. the learned judge held that the state had made the law by way of subordinate legislation for a laudable purpose with a view to ensure that consumer gets better supply .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-06-2003
Reported in : AIR2001SC218; JT2003(8)SC413; (2004)1SCC256; 134STC610(SC)
..... within the meaning of 'foodstuffs' listed as sub-clause (v) of clause (a) of section 2 of the essential commodities act, 1955 (hereinafter, the ec act, for short) which defines 'essential commodity'.2. the ec act was enacted to provide, in the interest of the general public, for the control of the production, supply and distribution ..... ms.no. 180, food, dated 20th august, 1977) xxxxx xxxxx now, therefore, in exercise of the power conferred by section 3 of the essential commodities act, 1955 (central act 10 of 1955 read with the government of india, ministry of agriculture (department of food) order no. gsr.316(e), dated the 20th june, 1972 published ..... 1078, p.1437. [no. 3(genl) (1)/78-d & r(1)-59] 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. gsr 316 (e), ..... june 1972 g.s.r. 316 (e) - in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (x of 1955) the central government hereby directs that the powers conferred on it by sub-section (1) of section 3 of the said ..... the samples were subjected to laboratory test by the public analyst, based on whose report a complaint was filed before the special judge for essential commodities act cases at coimbatore, tamil nadu, against the petitioners. the principal allegation against the petitioners is that the samples taken were found to contain .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-03-2003
Reported in : 2003(4)MhLj831
..... 6-a(l) and (2), section 6(b)(1) and 6(e) of the essential commodities act, 1955. section 6-a(1) -- confiscation of seized commodities. -- (1) where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report to that effect shall, without any unreasonable delay ..... by itself cannot tantamount to commencement of confiscation proceedings in respect of the vehicle under section 6-a of the essential commodities act, 1955, in my view, unless a show cause notice is issued under section 6-b of the essential commodities act, 1955, it cannot be said that the confiscation proceedings commenced and consequently there can be no bar of jurisdiction of the ..... under said section can be invoked. a perusal of this provision with similar provision in other acts e.g. section 61-g of the indian forest act (maharashtra amendment) would indicate that the words 'pending confiscation' is an additional requirement under the essential commodities act, 1955. 7. the learned advocate for the petitioner has relied upon a judgment of this court ..... court under section 6-a of the essential commodities act. to appreciate this position, it is necessary to reproduce the relevant portions of section .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-25-2003
Reported in : 2004(1)MhLj806
..... . restriction on hoarding of scheduled commodities:- no person (including fair price shop and authorised establishment) shall draw or cause to be drawn any scheduled ..... prosecution has relied on sections 20 and 21 of the maharashtra scheduled commodities (regulation of distribution) order, 1975 which was issued by the government of maharashtra, food and civil supplies department on 26th september, 1975 under sub-section 1 and sub-section 2 of section 3 of the essential commodities act 1955. section 20 of the aid order of 1975 reads as follows:'20 ..... was informed about the same. the tahasildar directed the supply inspector to take custody of the palm oil seized by pw 1 as there was contravention of the provisions of essential commodities act. the supply inspector accordingly took custody of the palm oil and the jeep under panchanama. thereafter, tahasildar made report to the collector about the same. the collector directed ..... that the order was passed by the government prohibiting the sale of palm oil in the open market or any order making the possession of palm oil punishable under the essential commodities act.5. aggrieved by the said judgment and order dated 29th april 1987 delivered by the special judge in criminal case no. 1 of 1987 acquitting the respondents-accused, .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-14-2003
Reported in : ILR2004KAR1021
order, 1981 -- clause 11 --discretionary powers of the deputy commissioner -- whether discretion is conferred in the matter of confiscation of the essential commodities seized. held -- when the power conferred on the deputy commissioner to confiscate the seized commodity as an enabling provision, the said provision also has to be understood as conferring discretion on him on the question whether the commodity seized should be confiscated, and if it is to be confiscated what should be the quantity or quantum of the commodity seized that is required to be confiscated. this decision he is required to take having regard to the facts and circumstances of the case and keeping in mind the gravity and nature of the contravention of the order committed and its serious impact on the public distribution system. the said discretion is required to be exercised reasonably and fairly.(c) essential commodities act, 1955 -- sections 3, 6a -- essential commodities (maintenance of accounts, display of prices and stocks)Tag this Judgment!
Court : Orissa
Decided on : Apr-25-2003
Reported in : 2003CriLJ3627
..... of the company were in charge of or responsible for the day to day affairs of the company. in this connection, reference may be made to section 10 of the essential commodities act, 1955 which is quoted below :--'10. offences by companies -- (1) if the person contravening an order made under section 3 is a company, every person who, as the time the contravention ..... affairs of the company or had no knowledge about the affairs of the company and take the advantage of the proviso to sub-section (1) of section 10 of the essential commodities act, 1955. he also submitted that the petitioners undisputedly being the directors of the company, it cannot be said that no prima facie case is made out against them.4. so far ..... .r. case no. 18 of 2001 in the court of the learned chief judicial magistrate (judge, special court), sambalpur for commission of offences under sections 7 and 9 of the essential commodities act, 1955 for violation of the provisions of orissa rice and paddy control order, 1965, orissa rice and paddy/procurement (levy) and restrictions on sale and movement order, 1982 and orissa declaration ..... order, 1982 and rule 3 of the orissa declaration of stocks and prices of essential commodities order, 1973 and as such committed the offences under sections 7 and 9 of the essential commodities act. the further case of the petitioners is that the confiscation proceeding under section 6-a of the essential commodities act, 1955 i.e. e.c. case no. 10 of 2001 was dropped as ho offence .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-05-2003
Reported in : ILR2003KAR4548
..... hereafter take or authorise the taking of all measures necessary for securing the production of stock/ items so seized before the collector having jurisdiction under the provision of the essential commodities act, 1955 (10 of 1955) and for their safe custody pending such production.' 5. the learned counsel also relies on roy v.d. v. state of kerala, 2001 crl.lj. 1656. this pertains to ..... clause 5 of motor spirit and high speed diesel (prevention of malpractices in supply and distribution) order, 1990 and under sections 3 and 7 of the essential commodities act.the offence can be punishable only, under essential commodities act for contravening the said order.4. the contention of the petitioners is that subsequent' to 1990 order motor spirit and high speed diesel (regulation of supply and ..... distribution (prevention of malpratice) order, 1998 has come into play. order 4 details who is the authorised officer to conduct search and seizure of essential commodities mentioned under the above licence .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-25-2003
Reported in : 2003(4)ALD803; 2003(4)ALT750
..... fixing the maximum retail price per tonne for urea and other fertilisers at which these are to be sold to the farmers. the control order itself was issued under the essential commodities act, 1955. the fixation of the maximum retail price by the government, undoubtedly, is with reference to exercise of power under control order. it is a statutory exercise of power. ..... that it is one of the leading manufacturers of fertilisers in india. 7. that fertiliser is one of the essential commodities and declared as such under the provisions of the essential commodities act, 1955. the central government in exercise of the powers conferred by section 3 of the essential commodities act, 1955, made the fertiliser (control) order, 1985 (for short 'the control order') and notified the same by ..... fertiliser industry and in what manner the policy should be formulated and implemented, bearing in mind the fundamental object of the statute, viz., supply and equitable distribution of essential commodity at fair prices in the best interest of the general public and is a matter for decision exclusively within the province of the central government. such matters do not ..... class of commodities or transactions. it is a direction of a general character, not directed against a particular situation. it is intended to operate in the future. it is conceived in the interest of the general consumer public. the right of the citizen to obtain essential articles at fair prices and the duty of the state to so provide .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-06-2003
Reported in : (2004)1GLR801
..... be mentioned that the prevention of black marketing and maintenance of supply of essential commodities act, 1980 is designed to provide for detention in certain case for the purpose of prevention of black marketing and maintenance of supply of essential commodities to the community. although, the essential commodities act, 1955 is made comprehensive provisions for the regulation of production, supply, distribution prices ..... trade and commerce in commodities declared essential thereunder with the penal provisions in the act. it was felt by the parliament in its wisdom that more stringent ..... , in purported exercise of powers under sub section  of section 3 of the prevention of black marketing and maintenance of supplies of essential commodities act, 1980 [ 'the p.b.m. act' for short ] whereby the petitioner-detenu came to be detained for indulging in black marketing and illegally disposal of huge quantity of ..... found expedient to legislate and to provide more efficient and effective measures for the malady of black marketing and abuse and misuse of essential commodities. the prevention of black marketing act 1980 came to be enacted.8. in a country, like ours, where due to following aspects, the regulation and maintenance of supply of .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-26-2003
Reported in : 2004CriLJ1025; ILR2003KAR4366
..... up the case as against the absconding accused and committed an error in discharging them. the mild steel tubes (quality control) order 1978 was issued under section 3 of the essential commodities act, 1955, to maintain the standard specification of the material; there is no proper application of mind by the learned special judge to the material facts in holding that no case is ..... the sworn statement of the complainant was recorded and after perusal of the complaint and after having taken cognizance of the alleged offences under sections 3 and 7 of the essential commodities act, 1955, in both the cases under clause 3 of mild steel tubes (quality control) order, 1978, the learned judge proceeded with the case without splitting up the case against the absconding ..... registered two cases in cr. nos. 236/93 & 237/93 and submitted the firs to the 9th addl. c.m.m., bangalore, and since the cases were coming under the essential commodities act, 1955, the same were transferred to the special judge, bangalore, and in the meanwhile the market police is said to have filed a 'b' report and thereafter, the same was transferred ..... market police station, bangalore, stating that the respondents were dealing with m.s. tubes in violation of mild steel tubes (quality control) order, 1978, issued under section 3 of the essential commodities act, 1955, and as such requested the police to conduct raid and accordingly the complaint was filed and the same was registered on 3.12.1993.4. raid was conducted by the .....Tag this Judgment!