Court : Supreme Court of India
Decided on : Feb-06-2009
Reported in : 2009AIRSCW1469; AIR2009SC1850; JT2009(3)SC511; 2009(II)OLR(SC)143; 2009(2)SCALE267; 2009(2)LC614(SC); 2009(2)LHSC1241
..... -alia observed as follows:4. the short question involved in these appeals is -- whether fine in lieu of confiscation contemplated under the second proviso to section 6a(1) of the essential commodities act, 1955 (hereinafter referred to as 'the act') provides for levy of fine on the basis of market value of the confiscated vehicle or on the basis of the market price of the ..... court setting aside part of the order imposing fine in lieu of confiscation and directing the collector, ganjam to pass orders under second proviso to section 6a(1) of the essential commodities act, 1955 (in short the 'act'). the writ petition was filed against the order dated 29.5.2006 of collector, ganjam in a proceeding under section 6a of the ..... essential commodity sought to be carried by such vehicle. section 6a of the act is as under:6-a confiscation of essential commodity.--(1) where any essential commodity is seized in pursuance of an order made under section 3 in relation thereto, a report of such seizure ..... carried by such animal, vehicle, vessel or other conveyance.(emphasis supplied)5. at the outset it is to be stated that the object of the act is to deter a person from illegally dealing in an essential commodity and consequently, impose a deterrent penalty against a person dealing in them illegally. while doing so, the law takes care to prevent the owner of .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-13-2009
Reported in : ILR2009KAR2216; 2009(5)KarLJ302:2009(3)KCCR18242009(5)AIRKarR232:AIR2009NOC2878
..... price at which sugarcane may be brought or sold. the sugarcane (control) order, 1966 is a statutory order made in exercise of the powers conferred by section 3, of the essential commodities act, 1955, investing the central government with the power to fix the price of sugarcane and direct payment thereof as also the power to regulate the movement of sugar cane. clause (3 ..... is in the background of this settled legal position we have to see what is the power of the state to fix the minimum or maximum price for sugarcane. the essential commodities act, 1955 is a legislation, enacted by the parliament in exercise of the concurrent legislative power under entry 33 of list-iii as amended by the constitution third amendment ..... higher price from the sugar producer which is illegal and without the authority of law and liable to be quashed.5. per contra, the learned government advocate submitted that the essential commodities act is a legislation made under entry 33(b) of list-iii, the legislative topic being foodstuffs including edible oilseeds and oils. sugarcane is a food stuff. the central government under ..... are all fixed by the statutory order the same aspects of marketing are sought to be regulated, by the act the two sets of provisions collide, section 6 of the essential commodities act gives overriding effect to the orders made under section 3 of that act as against any other law. the small portion of the sugarcane grown by the grower the sale of which .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-05-2009
Reported in : 2009(2)LHSC721; 2009AIRSCW1092; AIR2009SC1566; 2009CriLJ1330; (2009)3GLR2049(SC); JT2009(3)SC515; 2009(2)SCALE234; 2009(2)LC603(SC); 2009(3)KCCRSN136.
..... the judgment of a learned single judge of the guwahati high court upholding the conviction of the appellants for offence punishable under section 7(1)(a)(i) of the essential commodities act, 1955 ( in short the `act'). the allegation was that the appellant had violated clause 3 of the lubricating oil and greases (processing, supply & distribution regulation) order, 1987 (in short the `control ..... s protection. the consideration of rehabilitation has to give way, because of the paramount need for the protection of society. we are, therefore, recommending suitable amendment in all the acts, to exclude probation in the above cases. (p. 85).15. in the current indian conditions the probation movement has not yet attained sufficient strength to correct these intractables. maybe ..... not easily humanised by the therapeutic probationary measure. it is not without significance that the 47th report of the law commission of india has recommended the exclusion of the act to social and economic offences by suitable amendments. it observed:we appreciate that the suggested amendment would be in apparent conflict with current trends in sentencing. but ultimately, the ..... clause 6 (5) provides for making an application for renewal of licence before three months of its expiry. the control order has been promulgated under section 3 of the act.11. at the time of inspection, large quantity of stocks and/or products was stored. though the allegations inter-alia were that no licence was obtained, proper books of .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-24-2009
Reported in : 2009(6)BomCR443
..... authorize the taking of all measures necessary for securing the production of stocks or items so seized before the collector or district magistrate having jurisdiction under the provisions of the essential commodities act, 1955 and for their safe custody pending such production;(d) inspect, seize and remove with, such aid or assistance as may be necessary, books, registers, any records or documents of the ..... principles to be applied. the disputes about the meaning of a covenant in a contract or its enforceability have to be determined according to the usual principles of the contract act. every act of a statutory body need not necessarily involve an exercise of statutory power. statutory bodies like private parties, have power to contract or deal with property. such activities may ..... also unable to agree with the observation of the high court that since the obligations imposed by the contract on the contradicting parties come within the purview of the contract act, that would not make the contract statutory. clearly, the high court fell into an error in coming to the conclusion that the contract in question was statutory in nature.11 ..... is a contract in the realm of private law. it is not a statutory contract. it is governed by the provisions of the contract act or, may be, also by certain provisions of the sale of goods act. in a dispute relating to interpretation of the terms and the conditions of such a contract cannot be agitated, and could not have been .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-16-2009
Reported in : (2009)224CTR(SC)538; 315ITR21(SC); JT2009(9)SC500; 2009(9)SCALE551; (2009)8SCC393; 182TAXMAN287(SC); 2009(8)LC3527(SC); 2009(7)SCC393
..... .1977 appellant was granted licence for purchase/sale/storage for sale of goodgrains under rajasthan foodgrains dealers licensing order, 1964.4. it exercises the powers conferred by section 3 of essential commodities act, 1955, the government of rajasthan issued the 1976 order. following are the relevant provisions, reproduced from the 1976 order, which read as under:clause 2. definitions. - in this order, unless the ..... decision dated 2.11.06 by the rajasthan high court which took the view that the appellant-society was storing the said controlled commodities in its godowns as part of its own trading stocks; that the appellant acted as a trader in the essential commodities in question and consequently the appellant was not entitled to deduction under section 80p(2)(e) of the 1961 ..... act. against the impugned decision, appellant has come to this court by way of petition for special leave.6. the issue which arises for ..... : (1) the purpose of the clause was to ensure that there was no loss of foodgrains which were then a scarce commodity. that this is so would be apparent from the terms of section 3(2)(d) of the essential supplies act which was effectuated by clause 9 of the licence granted under the madras foodgrains control order, 1947 which applied to all .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-21-2009
Reported in : 2009(5)ALT725
..... also a member of the 1st petitioner-association.3. the fertiliser (control) order, 1985, is issued by the central government in exercise of its powers under section 3 of the essential commodities act, 1955. it is a self-contained control order, which prescribes the procedure for dealing in fertilisers. it prescribes the notifying authorities, inspecting authorities, procedure for getting the certificate of registration, restrictions ..... fertilizers are concerned, their regulatory mechanism with regard to sales and purchase is governed by the fertiliser (control) order, 1985, framed under section 3 of the essential commodities act, 1955, with an objective to ensure equitable distribution of commodities to the needy consumers. in view of the prescribed format for registration of storage and sale points, and also the conditions notified in the said format ..... the parties, it is necessary to peruse certain provisions of the control order, and also the provisions of the essential commodities act, 1955.11. the fertiliser (control) order, 1985 is issued by the central government, in exercise of powers conferred under section 3 of the essential commodities act, 1955, which empowers the central government to issue such control orders, when it is of the opinion that it is .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-08-2009
Reported in : (2009)224CTR(Guj)46
..... is based on provisions of dpco one will have to examine the scheme of the said order.14. under section 3 of the essential commodities act, 1955 central government has been vested with powers to control production, supply, distribution, etc. of essential commodities. the relevant extract of the said provisions, as is material for the present, reads as under:3. powers to control production, supply, distribution ..... pooled price with the market value of the property transferred by the revenue is based on a fallacious premise and overlooks the object of provisions of section 3 of the essential commodities act and the purpose for which dpco has been framed and issued. once the powers are exercised by the central government for the purpose of ensuring equitable distribution of indigenously manufactured ..... to state that the pooled price is equal to the market value of the property transferred. in fact when one reads provisions of the essential commodities act and dpco together it becomes clear that because the market price of an essential commodity was such which resulted in the goods not being equitably distributed and not being made available at a fair price, the government was .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-16-2009
..... or retailers who have more than one unit;(iii) direct the respondents to strictly enforce provisions of essential commodities act, 1955 and prevention of black marketing and maintenance of supply of essential commodities act, 1980 and widely publish names of violators of essential commodities law; and(iv) direct setting up of a machinery of public participation watch committees for close surveillance ..... . the act is also intended to secure equitable distribution and availability of essential commodities at fair price and both central and state governments are entrusted with the ..... 2.2. it is his further contention that it is only for this purpose the essential commodities act has been enacted by the central government to provide for control of the production, supply and distribution of, trade and commerce, in essential commodities.3. heard the learned counsel appearing for the petitioner and the learned government advocate ..... for the respondents.4.1. the presumption is that the essential commodities act has been enacted by the legislature and that the executives are implementing the same effectively .....Tag this Judgment!
Court : Chennai
Decided on : Nov-06-2009
Reported in : (2009)8MLJ1015
..... to the claimant of the consignment and he should be given an opportunity to appeal against the analysis certificate. only thereafter final orders under section 6-a of the essential commodities act, 1955 should be passed after conducting enquiry.laying emphais upon the above instructions issued by the commissioner of civil supplies, learned single judge held that government is under obligation to ..... same day 02.04.2000 and the same was handed over to tamil nadu civil supplies corporation godown on the next day.(ii) notice under section 6-b of essential commodities act was issued to the said kasi mariappan and others and after due enquiry, the first appellant passed orders vide proceedings no. cs1/25443/2000 dated 23.09.2000 holding ..... rice, the regional manager, tncsc, tuticorin certified that the rice is public distribution system rice and for violation of tamil nadu essential trade articles (regulation of trade) order 1984 and essential commodities act, 1984 and under section 6-a of e.c. act, the rice was confiscated to government.5. the learned single judge held that as per the instructions to be followed, ..... appeal are as follows:(i) on suspicion that rice bags meant for public distribution system [pds] have been hoarded in violation of tamil nadu essential trade articles (regulation of trade) order 1984 and tamil nadu scheduled commodities (regulation of distribution by card system) order 1982, on 02.04.2000, the premises at no. 140, sri ayyappan industries estate was inspected .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-31-2009
Reported in : 2010(1)AWC537(SC); JT2009(13)SC643; (2009)13SCC693
..... why his licence should not be cancelled. a first information report (fir) was also lodged on 14.11.2007 purporting to be for violation of sections 3/7 of the essential commodities act, 1955 as also the provisions of the 1981 order.appellant filed a criminal misc. writ petition for quashing the fir lodged against him. in the said proceedings, the high court stayed ..... commodities in terms of the said 1981 order on or about 1.4.1990, which was renewed till 31.3.2010. indisputably, on the premise that ..... speed diesel oil and light diesel oil. business in the said commodity is governed by the u.p. high speed diesel oil and light diesel oil (maintenance of supplies and distribution) order, 1981 (for short, '1981 order'). the said 1981 order has been framed in terms of section 3 of the essential commodities act, 1955. appellant was granted a licence for dealing in the said ..... malice in law must be borne out from records; whereas in a case involving malice in law which if established may lead to an inference that the statutory authorities had acted without jurisdiction while exercising its jurisdiction, malice of fact must be pleaded and proved. [see swaran singh chand v. punjab state electricity board : 2009 (7) scale 622]13. for the .....Tag this Judgment!