Court : Punjab and Haryana
Decided on : Feb-26-2010
..... compliance of the notification dated 12.03.2009 issued by the government of india under section 3(1) of the essential commodities act, 1955, including the authority to appoint the officials to search and seize the sugar. the essential commodities act, 1955 is a beneficial legislation. the district collector appointed the officials for search and seizure was therefore in 'public interest' ..... petitioner filed appeal before the district judge, being the appellate authority under section 6c of the essential commodities act, 1955 (hereinafter to be referred as the 1955 act) seeking quashing of the order dated 06.10.2009 passed by the district collector, amritsar. the same was dismissed by the appellate authority ..... consumer affairs, food and public distribution, new delhi, to the chief secretary, punjab for strictly enforcing stock holding limits and taking stern action against the hoarders under the essential commodities act, 1955. thereafter, vide letter dated 06.07.2009, the joint secretary, government of india, ministry of consumer affairs, food and public distribution, new delhi wrote to the ..... rajiv kumar, the district collector, amritsar, vide two separate orders dated 06.10.2009 while exercising the powers conferred upon him under section 6a of the essential commodities act, 1955, ordered the confiscation of 6311 quintals and 3650 quintals of sugar and for sale of the same through open auction.5. aggrieved by the aforesaid orders, the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-29-2010
..... ground balance with book balance. the respondents did not maintain the accounts properly and thereby contravened condition 3 of the licence, and issued notice under section 6-b of the essential commodities act, 1955 (the act). the second petitioner submitted written statement denying various charges. she alleged that the shop was inspected by the vigilance authorities in her absence, that her nephew, who is not ..... government memo no. 26776/cs.ii/91-1, dated 07.05.1991, which reads as under.govt.memo. no. 26776/cs.ii/91-1,dated 07.05.1991sub: civil supplies - essential commodities act, 1955 - guidelines to be observed by implementing agencies - regarding.ref: 1) govt.memo. no. 20998/cs.ii/88-1, dated 5-4-1988.2) govt.memo. no. 2810/cs.ii/90 ..... is 1/2 qtl.26. it is submitted that the joint collector himself ordered for release of seized stocks on execution of personal bond, and as there is violation of essential commodities act, 1955, 6a case was taken on file vide no. 6a/10/pkl/2001 and four charges were framed for the lapses committed by the dealer. after hearing the case and perusal ..... the meaning of section 435, criminal procedure code. a revision is maintainable under section 435 or section 439, criminal procedure code against the order of the appellate authority under section 6-c of the essential commodities act even though the confiscation proceedings cannot be said to be those that are held under the criminal procedure code.9. in thakur das v. state of m.p. : air 1978 sc 1 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-19-2010
..... conditions of the authorization issued under the order or any other order relating to foodstuffs, sugar or edible oils or edible oilseeds or petroleum products issued under the essential commodities act, 1955 (central act 10 of 1955) or any instructions, directions of orders issued under any such provisions.reading the above condition in conjunction with clause 5(4) of the control order, 2001 would ..... godown unauthorized and without any valid permission from the competent authority. therefore, he has committed serious wrong. simultaneously, the proceedings under section 6-a of the essential commodities act, 1955 (hereafter called the e.c. act) were initiated by the joint collector. the main allegation against the appellant was that he was found indulging in black marketing of large quantity of rice ..... of the e.c. act entailing in confiscation of the essential commodity, such a dealer must be held to have contravened condition no.13 of the form ii authorization. the submission of the learned counsel, therefore, cannot be ..... pradesh cannot be proceeded against even if they are involved in black marketing. there is yet another reason for our conclusion. rice is an essential commodity as per section 2(a) of the e.c. act and any contravention in relation thereto, attracts section 6-a thereof. when once a fps dealer is involved in contravention of section 6-a .....Tag this Judgment!
Court : Patna
Decided on : Aug-18-2010
..... p.s. case no. 239 of 1996, refusing to accept final form submitted by the police, after investigation but taking cognizance for the offence under section 7 of the essential commodities act, 1955 against the petitioners.3. short relevant facts of this case is that on the written information received through opposite party no. 2 alleging some sort of black-marketing of ..... state of bihar in paragraph 7 it has been held:-7. under these circumstances, in my view, by no stretch of imagination it can be said that the special judge acting under essential commodities act can differ with the police report and take cognizance of the offence.8. thus, in view of the consistent decisions of this court, impugned order is not sustainable, accordingly ..... the petitioners, in fact there is a report of police being public servant that no offence is made out against the petitioners for the offence under section 7 of the essential commodities act. the division bench decision of this court referred and relied upon by learned additional public prosecutor in a case a.k.jain & ors. v. government of india in ..... diary findings some material against the petitioners, took cognizance in the case for the offence under section 7 of the essential commodities act, giving rise to instant application.4. learned counsel for the petitioners submitted that in view of section 11 of the essential commodities act, cognizance for the offence can be taken only on the report of public servant, if the investigating officer being .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-22-2010
Reported in : JT2010(2)SC230; 2010(1)SCALE660; (2010)2SCC684
..... in prior consultation with the central government by notification dated 10th september, 1998, in exercise of the powers conferred by section 3 of the essential commodities act, 1955. the amended definition of 'dealer' included any person dealing with any essential commodity included in the schedule to the 'licensing and restriction on hoardings order, 1991 hereinafter referred to as 'the licensing order,. 1991', and ..... state, since in our view the definition of the expression 'dealer' in the licensing order, 1991 was hot intended to include only such persons as were dealing in essential commodity in quantities of more than 200 quintals. the intention of the legislature appears to have been that a dealer is a person who would be dealing in scheduled food ..... learned advocate, questioned the order of the high court on several grounds. it was contended by him that having regard to the definition of 'dealer' in the m.p. essential commodities (exhibition of price and price control) order, 1997 hereinafter referred to as 'the control order, 1997', the petitioners had not committed any illegality in transporting the paddy in question ..... of bajrang rice mill. en route the truck was searched by the food inspector and the paddy was seized. in accordance with clause 6(2) of the madhya pradesh essential commodities (exhibition of price and price control) order, 1997 confiscation proceedings were initiated and the seized paddy was ordered to be confiscated by the collector. an appeal was preferred .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-25-2010
..... ) order 1975 read with section 7(1)(a)(ii) of essential commodities act, 1955 and he was sentenced to undergo r.i. for 6 months.9. aggrieved by ..... , accused nos. 1 and 2 were convicted under clause 4(a) of the pondicherry essential commodities (display of stock, prices and maintenance of accounts) order 1975 read with section 7(1)(a)(ii) of the essential commodities act, 1955 read with section 109 of i.p.c. and sentenced each to undergo r.i. ..... , charges were framed against the appellants herein under clause 4(a) of the pondicherry essential commodities (display of stocks, price and maintenance of accounts) order, 1975 read with section 7(1)(a)(ii) of the essential commodities act, 1955. the case of the prosecution is that the appellants herein, i.e., accused nos ..... for 6 months. accused no. 3 was convicted under clause 4(a) of the pondicherry essential commodities (display of stocks, prices and maintenance of accounts ..... law, nor any rule of prudence which has crystallised into a rule of law, that opinion-evidence of a handwriting expert must never be acted upon, unless substantially corroborated. but, having due regard to the imperfect nature of the science of identification of handwriting, the approach, as .....Tag this Judgment!
Court : Patna
Decided on : Aug-06-2010
..... paise seventeen per tube, violating paragraph 16 of the drugs (price control) order, 1995, which is punishable under section 24 of the order read with section 7 of the essential commodities act, 1955.5. the complaint petition further contain that accused no. 2, non-petitioner, appointed as stockiest for m/s pilco pharma pvt. ltd., on basis of the above fact the ..... has been filed under section 482 cr.p.c. seeking quashing of order dated 25.07.1997 passed by special judge, essential commodities act, patna in special case no. 1 of 1997, taking cognizance under section 7 of the essential commodities act, 1955.3. admittedly the drug inspector, patna lodged the complaint against the petitioner, stating therein that m/s bishwanath balkrishna, bhagwati laxmi ..... by impugned order by the court below, which is under challenge. during course of argument, learned counsel for the petitioner submitted that the petitioner is whole saler, he sold the commodity @ rs. three paise, five per tube to the retailer, but paragraph 16 of the drugs (price control) order, 1995 deals with the consumer, it has got no ..... while supporting the impugned order submitted that both the accused persons including the petitioner have violated the law specially paragraphs 16, 19 & 20 of the drugs (price control) order, 1955.7. during course of argument, while going through the present application, especially annexure-1, the complaint petition filed against two named accused (non-petitioner) including the petitioner, it .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-03-2010
..... this in no way to hamper and/or affect the criminal cases pending against the detenu under the essential commodities act, 1955 and/or such other and/or similar order in future.7) in the result, the petition is allowed in terms of prayer (c). ..... the commissioner of police, solapur, which was served on the detenu on the same day, under the prevention of black marketing and maintenance of supplies of essential commodities act, 1980, on various grounds. mr. s.r. chitnis, the learned senior counsel, has restricted the submission based upon vijay kumar dharna alias kokta ..... whereas in the english verse it is stated that the petitioner is detained with a view to prevent him from acting in any manner prejudicial to the maintenance of supplies of essential commodities to the community. the translation supplied to the petitioner and more particularly, the very purpose of detention is wrongly ..... the respondent officer's averments are that the translation so made was not incorrect. we are also satisfied that the maintenance of supplies of essential commodities to the community cannot be equated with the maintenance of public order. both are different concepts. the stand of the respondent is not correct ..... that the detention is with a view to prevent detenu from acting in any manner prejudicial to the maintenance of supply of essential commodities to the community, whereas, its marathi translation shows that, with a view to prevent him acting in any manner prejudicial to public order. thus, the very .....Tag this Judgment!
Court : Chennai
Decided on : Jan-22-2010
Reported in : (2010)28VST417(Mad)
..... a) the central government was empowered to direct oil marketing companies to supply one or more petroleum products at any place in india as per the provision of the essential commodities act, 1955, which also gives power to the government of india to regulate the import and supply of petroleum products.(b) the government of india constituted the oil co-ordination ..... meant to maintain uniform ex-storage selling price of petroleum products at all refinery locations in the country. the petroleum products (supply and distribution) order, 1972 and the essential commodities act empowered the central government to issue appropriate directions in respect of supply of petroleum products throughout india.(d) indian oil corporation ltd. was appointed as canalizing agent to import ..... to 9 are also engaged in refining petroleum products as well as in the distribution of petroleum products throughout the territory of india. petroleum is an essential commodity. the prices of all other commodities directly relate to the price of petroleum products. any increase in the cost of petroleum would naturally increase the cost of other products. therefore, the ..... the government, commercial taxes and religious endowments, government of tamil nadu, submitted his views that the transaction was essentially a sale in view of the presence of essential ingredients for a sale like (i) a buyer and a seller; (ii) a commodity or goods; (iii) transfer of property in the good from the buyer to the seller under a contract .....Tag this Judgment!
Court : Chhattisgarh
Decided on : Sep-09-2010
..... under sub-clause (1a), the authorized officer". "g.s.r. 19 (e).-in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955) the central government hereby makes the following order further to amend the kerosene (restriction on use and fixation of ceiling price) order, 1993, namely ..... notification dated 12/1/2007 reads as under: "g.s.r. 18 (e).-in exercise of the powers conferred by section 3 of the essential commodities act, 1955 (10 of 1955) the central government hereby makes the following order to amend the motor spirit and high speed diesel (regulation of supply, distribution and prevention of ..... during the test and there should be admissible evidence for such service of notice on the dealer. strict adherence to the above requirement is essential, in view of the possibility of manipulation in the conduct of the test, if it is conducted behind the back of the dealer." 24 ..... have not been complied with. thus, the respondents cannot claim any sanctity in law and the court is well within its jurisdiction to declare such an act illegal and invalid. 30. for the reasons mentioned hereinabove, the impugned order dated 9/3/2009 (annexure - p/1) passed by the appellate ..... business and cannot be taken lightly. in order to justify the action taken to terminate such an agreement, the authority concerned has to act fairly and in complete adherence to the rules/guidelines framed for the said purpose. the non-service of notice to the aggrieved person before .....Tag this Judgment!