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Satya NaraIn Musadi and ors. Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 21 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 7, 11, 156(1), 161, 170, 173, 173(2), 173(2)(1), 173(3), 173(5), 179(2), 190, 190(1), 251A, 252 and 482; Essential Commodities Act, 1955 - Sections 10A and 11

Reported in : AIR1980SC506; 1980CriLJ227; (1980)3SCC152

D.A. Desai, J.1. Whether in view of the provision contained in Section 11 of the Essential Commodities Act, 1955, (Act for short), a Court taking cognizance of any offence punishable there under, upon a police report is

Rhombic Laboratory and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Subject : Criminal

Acts : Essential Commodities Act - Sections 3, 7, 11 and 12(AA)(1); Drugs (Price Control) Order, 1987; Drugs (Price Control), Order, 1995; General Clauses Act - Sections 6; Drugs and Cosmetics Act, 1940; Bombay Agriculture Debtors Relief Act, 1939; Essential Commodities (Special Provision) Act, 1981 - Sections 12(AA)(1); Essential Commodities Act, 1955; Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 173 and 374; Indian Penal Code (IPC) - Sections 21

Reported in : 2007CriLJ2517; (2008)1GLR80

Commodities Act. Paragraph 26 of the Order refers the penalty and so also about application of provisions of Essential Commodities Act, 1955. The legislature ought not to have missed the aspect and the effect of Section 12(AA)(1)(e) of the Essential … State Government to file a complaint. He cannot be construed as the aggrieved person within the meaning of Section 11 of scheme of Essential Commodities Act. He cannot institute prosecution as public servant within the meaning of Section

The Commercial and Ahmedabad Mills Co. Ltd. and anr. Vs. Union of Indi ...

Court : Gujarat

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1), 3(2), 3(3), 3(3C), 4 and 5; Cotton Textiles (Control) Order, 1948; Constitution of India - Articles 14, 19, 19(1), 31, 31(A), 31(B), 31(C), 195, 226 and 245; Essential Supplies (Temporary Powers) Act, 1946; Essential Commodities Ordinance, 1955; Iron and Steel (Control of Production and Distribution) Order, 1941; Companies Act - Sections 237; Company Law Board (Procedure) Rules, 1964; Gold (Control) Act, 1968 - Sections 5 and 5(2); Sugar (Control) Order, 1966; Rajasthan Trade Articles (Licensing and Control) Order, 1980; Assam Municipal Act, 1957 - Sections 298

Reported in : AIR1993Guj20

226 of the Constitution of India, the petitioners have challenged the Constitutional validity of Section 3 of the Essential Commodities Act, 1955 and Clause 21A of the Cotton Textile (Control) Order, 1948 as well as the legality and validity of … Textile (Control) Order, 1948 as well as the legality and validity of the orders dated 7-1-1978, 7-4-1978, 27-4-1978, 11-8-1978, 27-12-1978, 29/30th December, 1978 passed by the Textile Commissioner and the order dated 8th July, 1979 passed by

Chandrakant Pinayamal Motwani Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 1988 - Orders 4, 6(3), 7 and 7(2); Essential Commodities Act, 1955 - Sections 3, 7, 7(1), 7(3), 10A, 11 and 36; Probation of Offenders Act, 1958 - Sections 4(1), 4(3), 4(4) and 4(5); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 102, 102(1), 102(2), 360 and 361; ;Old Code - Sections 550; Defence of India Rules, 1939; ;Mysore Excise Act, 1966 - Sections 53 and 54; Essential Supplies (Temporary Powers) Act, 1946

Reported in : 2000CriLJ1935

the case of K.L. Subhayya v. State of Karnataka reported in : 1979CriLJ651 .8. Section 10-A of the Essential Commodities Act, 1955 was introduced by Amending Act 36 of 1967 and was made applicable from 30th Dec, 1967 whereby the … v. State of Bihar reported in : 1980CriLJ227 . The Apex Court in the said decision was considering Section 11 of the said Act on the point as to when the Court can take cognizance of offences under

Monsanto Technology Llc and Ors. Vs.nuziveedu Seeds Limited & Ors.

Court : Delhi

Subject : MRTP

upon it, inter alia, by (entry Nos. 33 and 34 of) the Concurrent list, the Parliament enacted the Essential Commodities Act, 1955 and the Seeds Act, 1966. While the preamble of the Essential Commodities Act, 1955 declared the objective to … against PCT International Application No.PCT/US99/26086, the date of the National Phase Entry being 01.05.2001 and its publication under Section 11 A of the Patents Act being 31.03.2008, it having been assigned to the first plaintiff vide assignment dated

Surendra Singh, and ors. Vs. State of Bihar, and anr.

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Section 482, 4(1)(f), 173, 190(1)(c), Chapter 14, 251A, 252; Essential Commodities Act, 1955 - Sections 7, 11

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 … 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

Mahadevappa Irappa Jogur Vs. State of Karnataka

Court : Karnataka

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 7, 10 and 11

Reported in : ILR1985KAR3521

Ram Dutt Gupta & Ors. -v.- The State of West Bengal 1985(1) CRIMES 733.4. Section 10 of the Essential Commodities Act, 1955 read thus:(1) Offences by Companies : -- If the person contravening an order made under Section 3 is … of an offence arising under Section 7 of the Act, and of which Court has taken cognizance under Section 11 thereof, the Court will have to apply its mind to all the facts placed before it in the

Gwalior Sugar Co. Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Commercial

Acts : Madhya Pradesh Sugar Cane (Regulation of Supply and Purchase) Act, 1958 - Sections 1(1), 1(2), 1(3), 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11(1), 12, 14, 15, 16, 17, 19, 19(1), 19(2), 20, 20(1), 20(2), 20(3), 20(4), 21, 22; Essential Commodities Act, 1955 - Sections 3; Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 - Sections 4, 4(2), 15, 6, 36, 36(1), 36(2), 36(3), 36(4), 37, 37(1), 37(2); Sugar Cane (Control) Order, 1966; Bihar Sugar Cane (Regulation of Supply and Purchase) Act, 1982; Bihar Agricultural Produce Markets Act, 1960; Karnataka Agricultural Produce Markets Act, 1986; Tobacco Board Act - Sections 8(2), 13, 13A, 14, 14A and 32; Central Sales Tax Act, 1956 - Sections 6A and 6A(2); Tobacco Board Rules, 1976 - Rule 32;Tobacco Board (Auction) Rules, 1984; Tobacco Board (Auction)

Reported in : 2006(3)MPLJ433; (2008)16VST591(MP)

and by the Sugar Cane (Control) Order, 1966 made by the Central Government under Section 3 of the Essential Commodities Act, 1955 and that the M.P. Krishi Upaj Mandi Adhiniyam, 1972 which regulates the buying and selling of agricultural produce … who will exercise such powers and discharge such duties of the Cane Commissioner as the State Government directs. Section 11 says that the State Government may for purposes of the Act appoint any person or designate such officer

PravIn Chandra Mody Vs. State of Andhra Pradesh

Court : Supreme Court of India

Subject : Criminal

Acts : Essential Commodities Act, 1965 - Sections 7; Code of Criminal Procedure (CrPC) , 1898 - Sections 173, 190(1), 251-A and 252

Reported in : AIR1965SC1185; 1965CriLJ250; [1965]1SCR269

The initiation of the prosecution in this case was upon a report in writing by the police officer. Section 11 of the Essential Commodities Act, 1955 reads as follows :- '11. Cognizance of offences. - No Court shall … J.1. The appellant is being prosecuted under s. 420 Indian Penal Code and under s. 7 of the Essential Commodities Act, 1955 for contravention of cls. (4) and (5) of the Iron and Steel Control Order. The prosecution was commenced

Rama Fertilizers Pvt. Ltd. and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 3(2), 3(3), 7, 7(1), 11, 12-A and 12AA; Code of Criminal Procedure (CrPC) , 1973 - Sections 260(2), 262 to 265, 468, 468(1) and 468(2); Fertilizer (Control) Order, 1957; Gujarat High Court Rules, 1993 - Rule 5; Essential Commodities (Special Provisions) (Amendment) Act, 1981 - Sections 3(2), 7 and 12AA(1)

Reported in : 2001CriLJ1474; (2001)3GLR2261

Act, the Act of 1981, and the Order as well as the Code are as under :- 'The Essential Commodities Act, 1955. Section 3. Powers to control production, supply, distribution, etc., of essential commodities :- (I) If the Central Government is … principal Act, -- (a) in Sub-section (1), the proviso to Sub-section (ii) of clause (a) shall be omitted.' 'Section 11 substitution of new Sections for Section 12-A : Section 12-A. Constitution of Special Courts :11 (1) The State