Court : Delhi
Decided on : Apr-26-2006
Reported in : 129(2006)DLT477
..... 01.02.1996, the petitioners were accused of having committed offences under section 120-b read with sections 420/468/471 ipc and sections 3/7 of the essential commodities act, 1955. the essential features of the allegations against the petitioners are that they entered into a criminal conspiracy during the period 1992-95 with the object of cheating the government of india ..... be faulted. in this context, there appears to be a difficulty. the difficulty is that the special court under section 12a of the essential commodities (special provisions) act, 1981 gets jurisdiction only if there are offences under the essential commodities act, 1955. if those offences are not there, then the special court would have no jurisdiction in respect of the ipc offences. unfortunately, what has ..... existed. this decision as well as the other decisions mentioned above make it more than clear that the present prosecution against the accused / petitioners under sections 3/7 of the essential commodities act, 1955 cannot be sustained. the very initiation after the omission of clause 3 of the newsprint control order, 1962 would be bad in law. thereforee, to that extent, the ..... the filing of rcs on 01.02.1996, i.e., after the omission of clause 3 and schedule ii of the newsprint control order, 1962. section 7 of the essential commodities act, 1955 is attracted when a person is said to contravene any order made under section 3. the newsprint control order, 1962 is one such order made under section 3. thereforee, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-01-2006
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... than once in a period of one year. the court while considering such a question cannot also lose sight of the fact that apart from the essential commodities act, 1955, the entire control and regulation of coal has been taken over by the central government in terms of entry 54 of list i as also entry ..... price of coal were controlled and regulated under the colliery control order, 1945 (1945 order) framed under the said rules. the said order was continued under the essential commodities act, 1955. under the colliery control order, the coal controller was even authorised to allot quotas of coal to the central government as well as the state governments; although ..... imperative in the economic and industrial development of the country.control over coal:4. coal indisputably is an essential commodity. its importance is widely accepted. the essential commodities act, 1955 was enacted inter alia for securing equitable distribution and availability of essential commodities at fair price. coal despite partial deregulation having regard to colliery control order, 2000 (2000 order) is ..... still a regulated commodity. 1945 order made provisions for regulating production, supply and distribution of coal. it dealt with class of .....Tag this Judgment!
Court : Delhi
Decided on : Nov-09-2006
Reported in : 135(2006)DLT13
..... dated 28.3.1985 issued by the respondent no.1 union of india, in the ministry of food and civil supplies (department of food) under section 3(3c) of the essential commodities act, 1955 (ec act) by which the sugar (price determination for 1984-85 production) second amendment order, 1985 ('the impugned order') was made and brought into effect from 1.4.1985. 2. the ..... that while determining the minimum cane price of levy sugar regard has been had only to the minimum cane price as spoken to in section 3(3c)(a) of the essential commodities act, 1955 and the additional cane price payable under clause 5-a of the sugar (control) order, 1966, has not been taken into account, and that also there has been no mopping ..... simply referring to the affidavit(s) filed by the respondents in various matters confirming that the price has been determined strictly in accordance with the section 3(3c) of the essential commodities act, 1955.'16. it may be noticed that the learned senior counsel for the petitioner mahalakshmi sugar mills made a submission which is recorded in the order dated 18.12.2001 as ..... there has been no mopping up of excess realization. as such, the fixation of levy sugar price for 1984-85 sugar season is in accordance with the provisions of the essential commodities act, 1955.thus the respondents have made a specific averment that 'there has been no mopping up of excess realization' and further that 'the additional cane price payable under clause 5-a .....Tag this Judgment!
Court : Delhi
Decided on : Jul-12-2006
Reported in : 131(2006)DLT397; 2006(90)DRJ435
..... . the petitioners are the executive directors and the supervisors of the said unit. accordingly, they cannot be roped in by employing the deeming provision of section 10 of the essential commodities act, 1955. this fact was completely overlooked by the court below while passing the impugned order.8. the learned counsel for the state is, of course, correct in submitting that once ..... court in the case of swil ltd (supra). she also submitted that the swatantra bharat mills fell within the meaning of company as used in section 10 of the essential commodities act, 1955. reading the explanationn to the said section, she submitted that company means any body corporate and includes a firm or other association of individuals. she submitted that even though ..... the impugned order. the third submission of mr mathur is that the present petitioners have been roped in by virtue of the deeming provision of section 10 of the essential commodities act, 1955 which relates to offence by companies. he submitted that the petitioners have been summoned under the impression that swatantra bharat mills was a company and the present petitioner no ..... this revision petition, the petitioners, namely, d.a.m. prabhu and vijay kumar malhotra, have impugned the order dated 11.02.1994 passed by the special judge under the essential commodities act, 1955. the brief facts are that on 23.01.1988, a complaint was lodged by the enforcement inspector with the station house officer of police station moti nagar, new delhi .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jul-06-2006
Reported in : 2006(3)MPLJ433; (2008)16VST591(MP)
..... anna and brothers and ors. v. state of karnataka (supra), cited by mr. s. nagu, the supreme court found that the karnataka rice procurement (levy) order, 1984 framed under the essential commodities act, 1955 dealt with compulsory acquisition of 1/3rd of the rice of each variety produced by miller at a purchase price fixed by the government and also required the miller to ..... cane covered by the agreement under the said para (c) of sub- clause (1) of clause 6. the control order made by the central government under section 3 of the essential commodities act, 1955, therefore, has made elaborate provisions for fixation of the minimum price by the central government payable by a producer of sugar to sugar cane growers and the sugar cane growers ..... and interest from the occupiers of factories as arrears of land revenue.11. we may now examine the relevant provisions of the control order made under section 3 of the essential commodities act, 1955 by the central government. clause 2(g) of the control order defines 'price' to mean the price or the minimum price fixed by the central government from time to time ..... ) and (6) of the control order made by the central government under section 3 of the essential commodities act, 1955, discussed above. similarly these provisions of the market act are in direct conflict with the provisions of sections 12, 15,16,19,20,21 and 22 of the sugar cane act made by the state legislature of madhya pradesh, discussed above. in view of such conflict .....Tag this Judgment!
Court : Jharkhand
Decided on : Apr-21-2006
Reported in : [2006(3)JCR225(Jhr)]
..... control order or unification order as framed under section 3(1) of the essential commodities was violated by the petitioners so as to attract an offence punishable under section 7 of the essential commodities act, 1955. therefore, the cognizance of the offence taken under section 7 of the essential commodities act, 1955 (hereinafter referred to as 'an act') against the petitioners is not maintainable and hence not sustainable in the eyes ..... quashing the order impugned dated 3.3.2003 of the cognizance of the offence under section 420/34 of the indian penal code as also under section 7 of the essential commodities act against the petitioner in gumla p.s. case no. 102 of 2000.2. the brief fact of the case as contained in the written report of the informant peter barwa ..... the police by a private informant and pursuant to that case was registered under section 420/34 of the indian penal code as well as under section 7 of the essential commodities act. there is substance in the argument of the defence that section 420/34 of the indian penal code is not maintainable in view of special provision of law under ..... annexure 2 of the petition.4. the learned counsel further submitted that the police without jurisdiction under the special act illegally entered into the establishment ujala gas agency seized rs. 4000/- from the shop. similarly, it is settled law that special act shall prevail upon the general law but in the present case when there is special and specific provision of independent .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-24-2006
Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; 147STC542(SC); 2006(2)LC975(SC)
..... the provisions of drug price control order, 1995 (in short 'control order), issued by the central government under section 3 of the essential commodities act, 1955 (in short the 'essential commodities act'), the maximum retail price is determined in the case of scheduled formulations only. on the other hand, mrp is required to be displayed on the label of container as well ..... premises, the court on considering the indian law and after referring to section 77 of the contract act, (before enactment of sale of goods act) defining sale as originally enacted in it, and the provisions of sales act reached the following conclusions about price as an essential element:that it must be supported by money consideration, and that as a result of the transaction ..... involved need to be noted. in fact, the high court has referred to many of them.10. sales tax office, pilibhit v. budh prakash jai prakash : 1scr243 arose under the u.p. sales tax act, 1948. in that case the issue related to levy of tax by the assessing authority on the turnover relating to forward contract. the assessee had challenged ..... in cases of person dealing in such commodities, as business of such persons existed only for short period, and after period of contract in many cases, it was not even possible to trace the concerned assesses and many were found to be dealing benami. 'section 44ac occurred in chapter iv of the i.t. act deals with 'computation of income'. section 44ac .....Tag this Judgment!
Court : Patna
Decided on : Jul-07-2006
..... law and disobey the order of higher authority.7. the collector also mentioned in this letter that since the adulteration of kerosene oil, diesel and petrol, is an offence under essential commodities act 1955 and bihar motor spirit and high sprit diesel oil dealers licensing order 1966, only a police officer, not below the rank of dy. s.p. could have taken action under ..... of the district who is authorised under the essential commodities act his permission was also needed that was also not done. with the permission of the collector the samples which were taken were sent for testing/analysis, to the laboratory, ..... shall be punished with imprisonment for a term which may extend to five years and with fine.18. the allegation of adulteration is an offence under section 7 of the essential commodities act for contravention of 1998 order. the officer-in-charge was neither authorised to institute a case or seize, enter or take samples of the suspected adulterated product. the collector ..... of petrol/diesel with kerosene oil by the manager and staff of m/s mamta filling station in the underground tank. this is an offence under section 7 of the essential commodities act for contravention of motor spirit and high spirit diesel (regulation of supply and distribution and prevention of malpractices) order, 1998 bihar motor spirit and high speed diesel oil dealers .....Tag this Judgment!
Court : Jharkhand
Decided on : May-19-2006
Reported in : [2006(3)JCR463(Jhr)]
..... his behalf contravenes any of the terms and conditions of the licence then without prejudice to any other action that may be taken against him under the essential commodities act, 1955 (central act 10 of 1955) his licence may be cancelled or suspended with regard to one or more trade articles by an order in writing of the licensing authority and any entry ..... (licences unification) order, 1984 (in short 'unification order')8. unification order, 1984 was made by the governor of bihar in exercise of powers conferred by section 3 of the essential commodities act, 1955 read with orders of the government of india, ministry of agriculture & irrigation. clause 2(i) defines the words 'licensing authority' which means an officer not below the rank of ..... fair price shop under public distribution system (pds) since 1982. on 5.8.2005, a first information report was lodged against the petitioner under section 7 of the essential commodities act, 1955 on the basis of report of the assistant district supply officer, madhupur alleging that the sub divisional officer, madhupur got secret information regarding petitioner's shop which was involved ..... issued in contravention of statutory rules, but could be issued to supplement them. the unification order, 1984 has been made in exercise of powers conferred by section 3 of the essential commodities act and the order has got the statutory force.13. in the case of commissioner of income tax v. sirpur paper mills : 237itr41(sc) their lordships held that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-29-2006
Reported in : AIR2007SC109; 2006CriLJ4761; JT2006(9)SC1; 2006(10)SCALE7; (2006)11SCC486
..... section 3, section (8) (a), section (9) and section 18(1) of the seeds (control) order, 1983. hence the accused is punishable under section 7(1)(a)(ii) of the essential commodities act, 1955. hence, it is prayed that this honorable court must be pleased to take up this case on file, summon them and render justice. sd/-seed inspector coimbatore3. according to the ..... ) of seeds (control) order, 1983 with reference to clauses (a), (h) and (i) of sub-section 2 of the section 3 punishable under section 7(1)(a)(ii) of the essential commodities act, 1955. the special judge sentenced the appellants/accused to undergo three months simple imprisonment and to pay a fine of rs. 1000/- each on three counts. 2. brief facts which are ..... count. the court also directed that the sentence on each accused except the default sentence shall run concurrently. the appellants, aggrieved by the said order of the special judge for essential commodities / ndps act, preferred a criminal appeal under section 374 of the code of criminal procedure to set aside the conviction and sentence. 8. it has been submitted on behalf of appellant no ..... may be pertinent to mention that the sale of seeds to the public has not been proved by examining any of the purchasers. 6. the trial court (the presiding officer, essential commodities & ndps act cases, coimbatore) arrived at a definite finding that evidence on record established that seed inspector pw 1 had visited the shop of appellant no. 1 and found that the seeds .....Tag this Judgment!