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Judgment Search Results Home > Cases Phrase: the essential commodities act 1955 Year: 2008 Page 1 of about 137 results (0.066 seconds)

Aug 22 2008 (HC)

Elluru Chandra Obul Reddy Vs. Joint Collector and ors.

Court : Andhra Pradesh

Decided on : Aug-22-2008

Reported in : 2008(6)ALD411; 2008(6)ALT538; 2009CriLJ427

..... miller or purchaser of paddy or any person, contravening the provisions of the andhra pradesh rice procurement (levy) order, 1984, is liable to be prosecuted under the provisions of the essential commodities act, 1955.33. as the references answered would squarely cover the points to be adjudicated in the writ petitions, we deem it not fit to send back the writ petitions to the ..... as levy from the millers or dealers of paddy or rice in pursuance of the powers delegated to the state governments by the central government under section 3 of the essential commodities act, 1955.24. by insertion of this clause, the state governments can issue orders for the purpose of procurement of rice as levy from the millers or dealers. if these two ..... the 166 bags of rice. the third respondent registered a case in crime no. 58/2007 under section 406 of the indian penal code and section 7(1) of the essential commodities act, 1955.4. whereas, writ petition no. 18093 of 2007 is filed to declare the memo dated 19.7.2007 issued by the joint collector, west godavari, directing the petitioner to ..... criminal procedure.12. before adverting to the reference to be answered in the two writ petitions, it is intrinsically necessary to refer to the provisions of the essential commodities act, 1955 (for short, 'the ec act, 1955') for better appreciation of the case. the ec act, 1955, provides, in the interest of general public, for the control of production, supply and distribution of trade and commerce in certain .....

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Apr 29 2008 (SC)

Holani Auto Links Pvt. Ltd. Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Apr-29-2008

Reported in : JT2008(6)SC417; 2008(7)SCALE77; 2008AIRSCW5862

..... under.the state government promulgated the order of 1977 with the prior concurrence of the central government in the exercise of its powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955).in 1998, certain amendments were made in the order of 1977. prior to the amendment of 1998, clause 2(a) defined 'dealer' as under:dealer means a person who ..... appeal under section 6c of the essential commodities act, 1955 before the sessions judge, sagar. the learned sessions judge, sagar by the order dated 24th of february, 2000 had set aside the order of the collector and allowed the appeal ..... clauses 3(1) to 3(3) and 6(1) of the order of 1977 and, accordingly, he ordered confiscation of the commodities worth rs. 1,00,000/- out of the commodities seized from the possession of the appellant company under section 6(a) of the essential commodities act, 1955. in the alternative, it was directed that in case the appellant company wanted the release of the ..... commodities worth rs. 1,00,000/-, it may deposit rs. 1,00,000/- instead and get the release of the entire stock of oil. feeling aggrieved, the appellant company filed an .....

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Mar 31 2008 (SC)

Mahalakshmi Sugar Mills Co. Ltd. and anr. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Decided on : Mar-31-2008

Reported in : 2008AIRSCW8078; AIR2009SC792; JT2008(6)SC177; 2008(6)SCALE275; 2008(1)LC611(SC)

..... price of levy sugar in 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, ..... consideration by the central government for determining the price of levy sugar in exercise of its power under section 3(3c) of the essential commodities act, 1955 (the act) is the question involved herein.3. before us, there are various owners of sugar mills who purchased sugarcane from the farmers. 4. ..... having regard to the fact that fixation of price is a legislative function.43. the parliament enacted the essential commodities act, 1955 to provide in the interest of general public, the control of production, supply and distribution of, and trade and commerce, in certain ..... to determine the price, it was also necessary to take into consideration the manufacturing cost and reasonable return on the capital employed. the essential commodities act does not contemplate that manufacturers of sugar must continue their activities although the units were running at a loss. purported object for which clause ..... purported policy of the state of uttar pradesh which had been prevailing from 1973 was ultra vires, the legislative field being covered under the essential commodities act. the up cooperative cane union federations came up before this court questioning the correctness of the said judgment. the matter was referred to a .....

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Aug 29 2008 (HC)

A. Siva Reddy S/O A. Chinna Nagi Reddy and ors. Vs. the District Colle ...

Court : Andhra Pradesh

Decided on : Aug-29-2008

Reported in : 2008(6)ALD1; 2008(6)ALT145

..... conclusion arrived at by the collector that 'and thereby the unknown traders and benami farmers have violated the a.p. pulses (l.s. & r) order, 2007 and hence violated the essential commodities act, 1955' is bad. such a conclusion could have been drawn only after giving hearing to the persons whose names had been found in the record of the warehouseman at the time ..... found that by storing red gram in such a manner, the provisions of the andhra pradesh pulses (licensing, storage & regulation) order, 2007 and the provisions of the essential commodities act, 1955 (hereinafter referred to as 'the act') had been violated. the collector directed by virtue of the impugned order that the red gram which had been seized should be taken possession of and should be ..... it is otherwise expedient in the public interest so to do, he may(i) order the same to be sold at the controlled price, if any, fixed for such essential commodity under this act or under any other law for the time being in force; or(ii) where no such price is fixed, order the same to be sold by public auction.provided ..... the collector had not complied with the conditions incorporated in section 6-a(2) of the act.8. it has been submitted by him that as per the provisions of section 6-a(2) of the act, the seized essential commodity can be sold only if the essential commodity seized is subject to speedy and natural decay or it is otherwise expedient in the public interest .....

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Aug 26 2008 (HC)

Mekala Thimmaraju and ors. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Aug-26-2008

Reported in : 2008(5)ALD726; 2008(6)ALT791

..... belong to them and therefore there is no justification for the respective district collectors to direct distribution of the seized stocks pending proceedings under section 6-a of the essential commodities act, 1955 (for short, 'the act'). they further submitted that the reason given by the district collectors that the seized stock is subject to speedy decay is without any basis because red gram can ..... availability at fair prices, order the same to be sold through fair price shops at the price so fixed.12. under sub-section (3) of section 6a of the act, where any essential commodity is sold, the sale proceeds thereof, after deduction of the expenses of any such sale or auction or other incidental expenses relating thereto, shall be paid to the owner ..... or it is otherwise expedient in the public interest so to do he may order the same to be sold at the controlled price, if any, fixed for such essential commodity under the act or under any other law for the time being in force or where no such price is fixed, order the same to be sold by public auction. in the ..... referred to above, let me consider the contentions of the learned counsel.20. the predominant purpose for which the act was made is to ensure supply and distribution of the commodities identified as essential commodities in the interest of the general public. therefore, whenever any essential commodity is seized, it is incumbent upon the collector to keep in mind the interest of general public while exercising .....

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Sep 26 2008 (HC)

Dinesh S/O Bhawarlal Sarda Vs. State of Maharashtra Through Ministry f ...

Court : Mumbai

Decided on : Sep-26-2008

Reported in : (2008)110BOMLR3188; 2009CriLJ1007

..... court no. 10 nagpur. thus, the petitioner herein along with three other accused, were charge-sheeted for offences punishable under section 7 read with section 3 of the essential commodities act, 1955 (for short 'e.c. act, 1955') read further with section 2 of the motor spirit and high speed diesel (regulation of supply, distribution and prevention of malpractices) order, 1998 (for short 'order, 1998').4 ..... may be called for to rectify the illegality and cure the defects in the investigation. the e.c.act, 1955 is enacted in the interest of general public to ensure fair, unadulterated supply and distribution of essential commodities. it is pertinent to quote section 10a of the essential commodities act 1955, which reads as under:notwithstanding anything contained in the code of criminal procedure 1973 (2 of 1974 ..... ) every offence punishable under this act shall be cognizable.thus, the above provision imply that an officer -in-charge of .....

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Apr 15 2008 (HC)

N.R. Jet Enterprises Ltd. Being a Company Registered Under the Provisi ...

Court : Mumbai

Decided on : Apr-15-2008

Reported in : 2008(3)ALLMR711; (2008)110BOMLR1444; 2008BusLR580(Bom); 2008(6)MhLj206

..... of dpco'95 and interest amount of rs. 12,97,41,819/- (rupees twenlve crores ninety seven lakhs forty one thousand eight hundred nineteen only) under section 7a of the essential commodities act, 1955. as a result of written submissions filed on behalf of the respondents, now it is an admitted position that instead of rs. 25,00,78,500/- the correct amount to ..... could have been jointly held liable for payment of amount of rs. 12,97,41,819/- as interest under section 7a of the essential commodities act, 1955. johnson & johnson ltd. is a pharmaceutical company incorporated under the provisions of the companies act, similarly n.r. jet enterprises ltd. (hereinafter referred to as n.r. jet) is also a pharmaceutical company incorporated under the provisions ..... present proceedings relate to the formulation known as raricap 40's tablets in exercise of the powers conferred by section 3 of the essential commodities act, 1955, the central government from time to time made various drugs (price control) orders. the order with which we are concerned in these petitions is the drugs (price control) order 1995. ..... jet is completely owned and controlled by johnson & johnson ltd. therefore, both the petitioners were asked to show cause why overcharged amount should not be recovered from them under the essential commodities act and why amount of interest on that overcharged amount should not be recovered from them. reply was submitted to the show cause notice. the reply submitted by johnson & johnson ltd .....

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Aug 28 2008 (SC)

ipour Gkc and Rkc and Sons and anr. Vs. State Rep. by Station House Of ...

Court : Supreme Court of India

Decided on : Aug-28-2008

Reported in : 2008(56)BLJR2889; 2008CriLJ4590; 2008(12)SCALE88; (2008)10SCC268; 2008AIRSCW6283; 2008CriLJ4590; 2008(6)Supreme281; 2008(5)LH(SC)3165

..... that the receipt was not established that would in a sense relate to the purchase and not to sale and, therefore, clause 13 read with section 7 of the essential commodities act, 1955 (in short the `act') do not have any application. the trial court was, therefore, justified in directing acquittal of the appellant and the high court without properly analyzing the legal position directed ..... that a3 is purportedly to have made a statement that he had sold the kerosene on the way. similar statement was purportedly given by a4. but the officials proceeded to act on the aforesaid statements which were undisputedly not signed statement. apart from the fact that the said statement did not in any way implicate the appellants, the effect of such .....

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Jan 11 2008 (SC)

Food Corporation of India and anr. Vs. Seil Ltd. and ors.

Court : Supreme Court of India

Decided on : Jan-11-2008

Reported in : AIR2008SC1101; 2008AIRSCW932; 2008(2)CTLJ561(SC); JT2008(2)SC54; (2008)3MLJ558(SC); 2008(1)SCALE437; (2008)3SCC440; 2008(1)LC202(SC);

..... .b. sinha, j.1. leave granted.2. parliament of india enacted essential commodities act, 1955 (the act). in terms of section 3(2)(f) thereof, the central government is empowered to direct any manufacturer of sugar to sell the said commodity to the central government or a state government or to a body owned ..... or controlled by them for the purpose of making it available to the public at a fair price. it is commonly known as 'levy sugar'. price of such levy sugar is fixed by the central government in exercise of its power under section 3(3c) of the act ..... issued by the central government. the responsibility of the mill owner was to supply at the rail head. the fact that transportations of the commodity were made only by rail is not in dispute. if any shortage was found during transit, in terms of the policy decision of the ..... of india. therefore, if by the impugned repudiation of the claim of the appellants the first respondent as an instrumentality of the state has acted in contravention of the abovesaid requirement of article 14, then we have no hesitation in holding that a writ court can issue suitable directions ..... court to consider a justifiable claim on its part would be subject to review; amongst others on the principle of actus curiae neminem gravabit (an act of the courts shall prejudice none). we appreciate the manner in which the learned judge accepted his mistake and granted relief to the respondents.22 .....

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May 12 2008 (SC)

Union of India (Uoi) Vs. Ranbaxy Laboratories Ltd. and ors.

Court : Supreme Court of India

Decided on : May-12-2008

Reported in : AIR2008SC2286; 2008(4)AWC3490(SC); (2008)7SCC502; 2008AIRSCW4088; 2008(4)Supreme445

..... the manufacture. but there cannot be any doubt that the price is that of a manufactured drug.not only in terms of the essential commodities act, 1955 but also under various others, for example customs and central excise act and weights and measures act (if applicable) several informations are required to be furnished. if the submission of mr. gopal subramaniam that the first respondent was bound ..... good faith. this formulation allows the interpreter to inquire not into the subjective intent of the author, but rather the intent the author would have had, had he or she acted reasonably. (aharon barak, purposive interpretation in law, (2007) at pg. 87)while referring to its decision in oriental insurance co. ltd. v. brij mohan and ors. : air2007sc1971 it applied the ..... manufacturer cannot supervise or oversee as to how others would be dealing with its product. all statutes have to be considered in light of the object and purport of the act. thus, the decision relied upon by the learned additional solicitor general in union of india v. cynamide india ltd. : [1987]2scr841 ; prag ince and oil mills v. union of india ..... a drug manufactured by a company. what is marketed for sale is the drug manufactured. manufacture of a drug is controlled by a different statute, namely the drugs and cosmetics act, 1940. process of marketing the drug as also the maximum price which can be charged have direct relation with manufacture and also the date thereof. the wrapper/foil/containers in .....

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