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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Year: 2004 Page 1 of about 112 results (0.084 seconds)

Apr 16 2004 (HC)

Shankar Lalmaniyar and anr. Vs. the State of A.P., Rep. by Public Pros ...

Court : Andhra Pradesh

Decided on : Apr-16-2004

Reported in : 2004(2)ALD(Cri)314; 2005CriLJ356

..... 25.05.1982. the relevant portion reads as follows:-'in pursuance of clause-3 of the colliery control order, 1945, as continued in force by section-16 of the essential commodities act, 1955 (10 of 1955), and as recommended by the coal conservation and development advisory committee, the central government hereby prescribes that the classes and grades into which ohurchas v seam coal in thick ..... that on 04.05.1982, a notification was published in gazette of india, dated 25.05.1982, bringing the provisions of collieries control order, 1945 within the four corners of essential commodities act, 1955 and hence the vigilance officer has got jurisdiction to confiscate and seize the properties and the seizure is valid. it is also contended by him that coal and its products ..... of clauses-12-b, 12-e, and 12-c of colliery control order, 1945 (hereinafter referred to as 'the control order') read with section-6a of the essential commodities act, 1955 (hereinafter referred to as 'the e.c. act'). the inspector of police, (vc-csd), khammam, seized the lorry bearing no. ap-9-t-2385. the vigilance official also seized 10 m.ts of s ..... am also of the considered view that in the absence of specific notification bringing the control order within the purview of section-3 of the act, the essential commodities act, 1955 cannot be invoked except to the extent of applicability under the above said s.o. no. 348 (e). there is also sufficient force in the contention of the learned counsel .....

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Jan 23 2004 (HC)

Kasarabada Rajeswara Rao and Etc. Vs. State of A.P.

Court : Andhra Pradesh

Decided on : Jan-23-2004

Reported in : 2004(1)ALD(Cri)418; 2004CriLJ1836

..... far as other offences are concerned, as referred to above, under section 12-aa(2) of the essential commodities act, 1955, as applicable at the relevant time, the special court was competent to try other offences along with an offence under the essential commodities act only if those offences were triable in a summary way. in this view of the matter, the substantive ..... reproduced hereunder :'9. the essential commodities act (act x of 1955) was passed by the parliament to regulate and control supply of the essential commodities and was similar to the earlier pre-constitution law viz., the essential supplies (temporary powers) act, 1946. the amending act 47 of 1964 enabled the summary trial of offences under the act. later, by several amending acts provisions for confiscation of the ..... penal code could not be tried summarily and the special court constituted under section 12a of the essential commodities act could only try offences under the essential commodities act summarily. the supreme court referred to sub-section (2) of section 12-aa of the essential commodities act and noted the argument that in view of this provisions, a joint trial of an offence ..... 438 of the code of criminal procedure. there is no quarrel with the principles laid down in this judgment that provisions of section 12-aa of the essential commodities act do not displace altogether the provisions of the code of criminal procedure. therefore in our view, this judgment is not relevant for the purpose of deciding the .....

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Mar 26 2004 (SC)

The Chief of Marketing (Marketing Division), Coal India Ltd. and anr. ...

Court : Supreme Court of India

Decided on : Mar-26-2004

Reported in : (SCSuppl)2004(4)CHN124; JT2004(5)SC522; 2004(4)SCALE71; (2004)4SCC146

..... against the judgment of the calcutta high court dated 20th march, 1998.2. briefly stated the facts are as follows:in pursuance of the power under section 3 of the essential commodities act, 1955 the colliery control order was framed. under clause 12a of the colliery control order the central government could by notification specify the authorities competent to allot quota of coal to ..... at the relevant provisions of the colliery control order. it must be remembered that the colliery control order is passed under the essential commodities act. the purpose being that the production, sale and distribution of certain commodities, which are considered to be essential, should be controlled by the central government. the relevant provisions of the colliery control order read as follows:'2. in this order ..... the central government.10a(1) the coal controller with the government of india may, by order in writing, direct, that any coal despatched by any colliery owner, or a person acting on behalf of a colliery owner, to any person, which is in transit, shall subject to such terms and conditions, if any, as the said coal controller deems fit, be .....

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Aug 16 2004 (SC)

State of A.P. Vs. Farmers Service Coop. Society and ors.

Court : Supreme Court of India

Decided on : Aug-16-2004

Reported in : 2004(2)ALD(Cri)598; 2004(6)ALT5(SC); JT2004(6)SC585; 2004(4)MhLj814; 2004MPLJ421(SC); RLW2004(4)SC481; 2004(7)SCALE1; (2004)6SCC683

..... court as crl. petition no. 3977 of 2001. the primary stand was that the maximum punishment provided for an offence punishable under section 7(1)(a)(ii) of the essential commodities act, 1955 (in short the 'act'), the violation of which was alleged in the complaint, is one year and, therefore, the charge-sheet which was filed about two years after the date of offence ..... shall be forfeited to the government;(c) any package, covering or receptacle in which the property is found and any animal, vehicle, vessel or other conveyance used in carrying the commodity shall, if the court so orders, be forfeited to the government.' 9. it cannot be disputed and is not disputed by learned counsel for the respondent that the maximum sentence ..... 's order necessarily has to be set aside. learned counsel for the respondents submitted that the arguments before the high court revolved around section 7(1)(a)(i) of the act, and a fresh petition shall be filed. if it is filed, it goes without saying, the same shall be dealt with and disposed of in accordance with law.10. appeal ..... year. what is presently being contended by the present respondents is at variance with what appears to have been contended before the high court.8. section 7(1) of the act reads as follows :'7(1) if any person contravenes any order made under section 3, - (a) he shall be punishable, - (i) in the case of an order made with reference .....

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Sep 30 2004 (HC)

ibp Co. Ltd., Divisional Manager Vs. State of Gujarat

Court : Gujarat

Decided on : Sep-30-2004

Reported in : (2005)2GLR1739

..... by the ld. addl. sessions judge, mehsana in cri. appeal no. 36/2001 preferred by the petitioner under sec.6(c) of the essential commodities act, 1955, both are hereby quashed and set aside and the say of the petitioner company is accepted that no rsl was required to be obtained by ..... by the ld. addl. sessions judge, mehsana in cri. appeal no. 36/2001 preferred by the petitioner under sec.6(c) of the essential commodities act, 1955.2. the petitioner company has alleged that the petitioner company is regulated by oil board of india and is controlled by the ministry of petroleum, ..... a) an agriculturist who deals in his own agricultural produce but does not engage in the business of purchase, sale or storage for sale of any essential article not produced by him; (b) an oil company dealing in petroleum products. 'later part of clause (5) which carves out exceptions is ..... , an association of persons a company, a corporation or a cooperative society engaged in the business of purchase, sale or storage for sale of any essential article, whether or not in conjunction with any other business and includes his representative, agent or, as the case may be, commission agent, but ..... obtaining retail selling licence ( hereinafter referred to as rsl for short), but because of the order issued by the respondent state of gujarat under the gujarat essential articles ( licensing, control & stock declaration ) order, 1981 (hereinafter referred to as licensing order), it was clarified that if the rol - petrol .....

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Sep 24 2004 (HC)

Siel Ltd., Modi Sugar Industries and Rb NaraIn Singh Sugar Mills and a ...

Court : Delhi

Decided on : Sep-24-2004

Reported in : 114(2004)DLT446; (2004)138PLR51

..... filed by three different sugar mills. 2. the contours of the controversy revolve around levy sugar. sugar is an essential commodity under the essential commodities act, 1955 and under section 3(2)(f) of the said act, the central government has the power to require any manufacturer of sugar to sell sugar produced by it to the ..... lastly contended that the payment was statutory in nature being an amount paid by the government of india towards levy sugar price fixed under the essential commodities act. 18. learned counsel for the respondents, on the other hand, contended that there was shortage in quantity and wet sugar found at destination ..... to claim the adjustment can only arise if the fci had taken the necessary steps. these steps had to be in accordance with the said act dealing with the sale of goods. if the goods had been taken delivery of and appropriated without any demur or protest or intimation to the ..... of breach of contract or tort or otherwise. in the present case, the appellants have sought to exercise their powers under section 7 of the act and, thereforee, though the other consequences may be contractual in nature, the exercise of the right being under a statute, it cannot be said ..... reserving any right of disposal. the seller is deemed to have unconditionally appropriated the goods to the contract only under section 26 of the said act, the goods remained at seller's risk until the property therein is transferred to the buyer. as stated earlier that the property in goods has .....

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Sep 13 2004 (SC)

Prakash Babu Raghuvanshi Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Sep-13-2004

Reported in : 2004CriLJ4612; 2004(4)MPHT303; 2004(8)SCALE95; (2004)7SCC490

..... below. the appellant was convicted for allegedly committing offence in terms of section 3 read with section 7(1)(a)(ii) of the essential commodities act, 1955 (in short 'the act'). he was found guilty by the learned sessions judge, vidisha in sessions case no. 11 of 1996. the conviction and the ..... order has been made under section 3 and the order has been contravened. section 3 deals with powers to control production, supply, distribution etc. of essential commodities. exercise of such powers, can be done by 'order'. according to section 2(c) 'notified order' means an order notified in the official ..... there is a substance in the plea raised by learned counsel for the state, yet, for bringing an application under section 7 of the act, the essential requirement is an order, the violation of which is alleged. unfortunately, neither before the trial court nor the high court, any effort was ..... 'scheme'). according to him, the scheme cannot be equated with an order, as required under the act. learned counsel for the respondent-state, on the other hand, submitted that such a plea which essentially would need factual adjudication, was not canvassed before either the trial court or the high court.4 ..... bench by the impugned judgment.3. mr. s.b. upadhyay, learned counsel appearing for the appellant submitted that for attracting section 7 of the act, the primary requirement is that there must be violation of an order. what the prosecution seems to have relied upon is madhya pradesh sarvajanik purti .....

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Apr 20 2004 (SC)

Nagrik Uphhokta M. Manch Etc. Vs. Union of India (Uoi) and ors. Etc.

Court : Supreme Court of India

Decided on : Apr-20-2004

Reported in : 2004(3)AWC2218(SC); JT2004(Suppl1)SC497; 2004(4)SCALE862

..... to build up funds available with the director and the collectors was directed to be quashed being ultra vires of article 265 of the constitution and section 3 of the essential commodities act 1955 and para 2(d) of the kerosene (restriction on use and fixation of ceiling price) order, 1993.2. during the pendency of the writ petition and the appeals, the state .....

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Jul 28 2004 (SC)

State of Punjab Vs. Kasturi Lal and ors.

Court : Supreme Court of India

Decided on : Jul-28-2004

Reported in : AIR2005SC4135; 2004(2)ALD(Cri)481; [2005]123CompCas147(SC); 2005CriLJ3200; JT2004(6)SC137; 2004(6)SCALE303; (2004)12SCC195

..... the present respondents and one prem mohan tiwari for alleged violation of the provisions contained in section 7(1)(a)(ii) of the essential commodities act, 1955 (in short the 'act').3. charge was framed by learned special judge by order dated 16.9.1997 holding that there was infringement of the provisions of ..... lists the person who may be held guilty and punished when it is a company that contravenes an order made under section 3 of the essential commodities act. naturally, before the person-in-charge or an officer of the company is held guilty in that capacity it must be established that there ..... .p.c. after the respondent's application for discharge was unsuccessful.the high court invoked the provisions of section 141 of the negotiation instruments act and came to the conclusion that as the respondent was not in charge or responsible for the conduct of the business, therefore the order ..... appellant had filed a criminal complaint against the respondent as well as her brother-in-law anoop bhakoo under section 138 of the negotiable instruments act because of dishonour of a cheque which had been issued by m/s sutlez knitwears of which anoop bhakoo and the respondent were partners. against ..... or that he exercised all due diligence to prevent such contravention.(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable .....

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Jul 28 2004 (HC)

Chamundi Roller Flour Mills Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Jul-28-2004

Reported in : ILR2004KAR4544; 2004(5)KarLJ388

..... case.3. on 2nd july, 2004, the deputy commissioner, bangalore district, has passed an order by holding that the proceedings initiated under section 6-a of the essential commodities act, 1955 by him as maintainable. the said order is produced as annexure-l to the writ petition.4. challenging the correctness and legality of order passed by the deputy commissioner ..... to show cause why the wheat seized by the respondents 3 and 4 under two mahazars dated 21-5-2004 should not be confiscated under the provisions of the essential commodities act, 1955. the petitioner sent a detail reply to the said show-cause notice. thereafter, the petitioner filed a writ petition before this court in w.p. no. 21840 ..... m. doddamani, additional government advocate appearing for the respondents submits that the proceedings initiated under the provisions of section 6-a of the essential commodities act, 1955 as maintainable in view of violation of clause 18 of the karnataka essential commodities (public distribution system) control order, 1992. according to him, even though the public distribution system (control) order, 2001 has come into ..... 5. according to the petitioner, the 2nd respondent has no jurisdiction to initiate proceedings under section 6-a of the essential commodities act, 1955 as there is no violation of clause 18 of the food control order and the karnataka essential commodities (public distribution system) control order, 1992 and that the seizure of the stock in the godown of the petitioner under .....

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