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State of Rajasthan Vs. Champalal

Court : Rajasthan

Subject : Criminal

Acts : Rajasthan Trade Articles (Licensing) Order, 1980; Essential Commodities Act, 1955 - Sections 3, 7 and 10C

Reported in : RLW2003(3)Raj1495; 2002(1)WLN5

dated 28.10.1986 passed by the learned Special Judge, Essential Commodities Act (Sessions Judge, Balotara) Criminal Case No. 8/1985. Essential Commodities Act, 1955 - Sections 3/7 and 10C--Contravention of Rajasthan Trade Articles (Licensing) Order, 1980--Respondent having storage of foodgrains but not … not issued to him.v) The accused respondent had rebutted presumption of culpable mental state as is found in Section 10C of the Essential Commodities Act. Therefore, the learned trial Judge came to the conclusion that the accused respondent

State of Orissa Vs. Arjuna Das and anr.

Court : Orissa

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 7, 10, 10C and 14; Essential Commodities (Amendment) Act, 1974; Baby Food Licensing Order, 1966; Evidence Act

Reported in : 1991CriLJ3275; 1991(II)OLR127

Under Section 378, Cr. P. C.2. Both the respondents were prosecuted for offence Under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the Act') for contravention of Clause 3 of the Orissa Baby Food Licensing Order, … licence, the offence is made out.'Whatever might have been the position prior to Act 30 of. 1974 after Section 10C was inserted, prosecution is not required to prove mens rea which shall be presumed, 'shalI presumed ' in

Harsh Khurana Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1), 7, 7(1), 10, 10C, 12A, 14 and 55; Bureau of Indian Standards Act, 1986; Code of Criminal Procedure (CrPC) - Sections 2, 23, 155(2), 156, 156(1), 169, 173, 190, 200, 202, 203, 204, 207, 227, 239, 252 and 482; Constitution of India - Articles 19(1) and 226

Reported in : 121(2005)DLT301

hereinafter to be referred to as, 'the said Order') in exercise of power under Section 3 of the Essential Commodities Act 1955 (hereinafter to be referred to as, 'the Act'), the following provision was made :'3. No person shall by … or being in possession of a thing without lawful authority or without a permit, license or other document.15. Section 10C of the Act refers to presumption of culpable mental state. The Court shall presume the existence of such

Rajendra Mahajan Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 2007CriLJ2827

Civil Supplies and Consumer Protection, while the revision ought to have been decided under Section 6C of the Essential Commodities Act, 1955 by a Judicial Authority appointed by the State Government.4. It is also alleged that proceedings under the provisions … under:Mens rea is an essential ingredient to attract the provision of Section 6A of the Act. No doubt, Section 10C raises a presumption that culpable mental state exists, but it is rebuttable presumption and it will be open

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

Act 1884; (vi) Section 7 of the Prevention of Food Adulteration Act, 1954; (vii) Section 10C of the Essential Commodities Act, 1955; (viii) Section 138A of the Customs Act, 1962; (ix) Section 43E of the Unlawful Activities (Prevention) Act, 1967;

R. Muthukrishnan and Etc. Vs. Agricultural Officer and Etc.

Court : Chennai

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 7, 7(1), 10C, 10C(2), 12(2) and 78; Essential Commodities (Amendment) Act, 1967; Essential Commodities (Amendment) Act, 1974; Fertilizer (Control) Order, 1985

Reported in : 1999CriLJ1252

and 26 of 1992 against the judgment and conviction passed by the learned Presiding Officer, Special Court for Essential Commodities Act cases, Pudukottai in S.T.C. Nos. 20 to 25 of 1990 convicting the appellant for the offence under Section … the accused to establish that there was no mens rea to commit such an offence in view of Section 10C of the E.C. Act.11. In this context, the judgment rendered by this Court which is reported in 1987

Laxmikant Shankarlal Sarda Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Maharastra Kerosene Dealsers Licensing Order, 1966; Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993; Code of Criminal Procedure (CrPC) , 1974 - Sections 41(2), 10A, 110 and 438; Essential Commoditeis Act, 1955 - Sections 3, 7, 10AA and 14; Bombay Police Act - Sections 5

Reported in : 2002BomCR(Cri)170; 2002CriLJ1040; 2002(2)MhLj471

The applicant apprehending arrest in connection with the offences under, Section 3 read with Section 7 of the Essential Commodities Act, 1955, sought anticipatory bail which was rejected by the learned Additional Sessions Judge, Nagpur, vide order dated 30th July, … the Licensing Order, 1966, Clause 3 of 1993 order read with Section 7 of the Essential Commodities Act. Section 10C of the Essential Commodities Act, provides for presumption of culpable mental state. It provides that in any prosecution

M. Ramachandra Sahu Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 7, 7(1) and 10C; Code of Criminal Procedure (CrPC) - Sections 313; Essential Commodities (Amendment) Ordinance, 1974; Essential Commodities (Amendment), Act, 1967; Essential Commodities Rules - Rule 8(1); Essential Commodities (Amendment), Act, 1974; Orissa Kerosene Control Order, 1962; Essential Commodities Order

Reported in : 86(1998)CLT68; 1998CriLJ3413

Case No. 1112 of 1985 whereby he has been held guilty and convicted under Section 7 of the Essential Commodities Act (for short, 'the Act') for contravening Clause 3 of the Orissa Kerosene Control Order, 1962 (hereinafter referred to … to jail to serve out sentence for the offence committed by another. This is a fit case where Section 10C of the Act should be borrowed and applied to give benefit to the accused.8. Before dealing with Section

J.P. Agarwala Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 7 and 10C; Orissa Rice and Paddy Control Order, 1966; Orissa Rice and Paddy Control Order, 1965; Orissa Rice (Control and Inter-district Movement) Order, 1973; Orissa Rice and Paddy Control (Amendment) Order 1984; Code of Criminal Procedure (CrPC) - Sections 313

Reported in : 69(1990)CLT220; 1990CriLJ1193

a degree of certainty. Thus, it is an exception to the general rule of establishing the defence plea.13. Section 10C of the Essential Commodities Act also makes a great departure from general rules of criminal jurisprudence in the … Class, Bissam Cuttack, in II (c) C.C. 14 of 1980 convicting the petitioner under Section 7 of the Essential Commodities Act and sentencing him to undergo R.I. for one year and to pay a fine of Rs. 1,000/-, in

B. Mohan Krishna Vs. Union of India and ors.

Court : Andhra Pradesh

Subject : Company

Acts : Constitution of India - Articles 14 and 20(3); Negotiable Instrument Act, 1881 - Sections 138, 139, 140, 141, 141(2) and 142; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Companies Act, 1969

Reported in : 1995(1)ALT468; 1995(1)ALT(Cri)332; [1996]86CompCas487(AP); 1996CriLJ636

M. P. Food Grains Dealers Licensing Order, 1958, would amount to an offence under section 7 of the Essential Commodities Act, 1955, which, at the relevant time, read as follows (page 44) : '(1) If any person contravenes any order … intentionally or otherwise' between the word 'contravenes' and the words 'any order made under section 3'. Later on, section 10C was added under which the court shall presume the existence of culpable mental state on the part of