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Dec 24 1998

The State of Maharashtra Vs. Lalit S. Nagpal and Others

Court : Mumbai

Decided on : Dec-24-1998

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 6-A, 6-E and 12-AC; Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 397 and 452; Petrolling Products Distributation Order, 1972

Reported in : 1999(5)BomCR487; 1999(1)MhLj915

contended that the Special Judge did not take into consideration the Maharashtra Amendment to section 6-A of the Essential Commodities. Act, 1955 and the provisions of the Essential Commodities Act, which take away the power of the Special Court to … in the commission of offences under the Essential Commodities Act.3. To appreciate this question, facts of CRA No. 123 of 1996 are reproduced:On 12-3-1996, the CB Control, CID, Mumbai received some definite information that the respondents along

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Mar 16 2007

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

Court : Gujarat

Decided on : Mar-16-2007

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

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Jul 07 2006

Mohan Pandey and ors. Vs. State of Bihar

Court : Patna

Decided on : Jul-07-2006

Subject : Criminal

Acts : Prevention of Damage of Property Act, 1982 - Sections 3 and 3(2); Prevention of Damage to Public Property Act, 1984 - Sections 3; Indian Penal Code (IPC) - Sections 20, 414 and 120(B) and 420; Essential Commodities Act, 1955 - Sections 3, 6 and 7; Bihar Motor Spirit and High Spirit Diesel Oil Dealers Licensing Order, 1998 - Sections 4; Bihar Motor Spirit and High Spirit Diesel Oil Dealers Licensing Order, 1966 - Sections 12(1); Motor Spirit and High Speed Petrol (Prevention of Malpractices in supply and Distribution) Order, 1990; Code of Criminal Procedure (CrPC) - Sections 100; Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998; Prevention of Damage to Public Act - Sections 9

mentioned in this letter that since the adulteration of kerosene oil, diesel and petrol, is an offence under Essential Commodities Act 1955 and Bihar Motor Spirit and High Sprit diesel oil Dealers Licensing Order 1966, only a police officer, not … been filed for quashing the F.I.R. of Baikunthpur P.S. Case No. 35 of 2003 dated 17.4.2003 registered under Sections 420, 414 and 120B of the Indian Penal Code as well as Section 3 of the Prevention of … No. 35 of 2003 dated 17.4.2003 registered under Sections 420, 414 and 120B of the Indian Penal Code as well as Section 3 of the

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Apr 08 1992

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

Court : Gujarat

Decided on : Apr-08-1992

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 … of the Constitution of India read with 9th Schedule as it has been included therein as Item No. 126. Article 31(B) of the Constitution of India provides that without prejudice to the generality of the provisions contained

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Apr 13 1981

Madhya Pradesh Ration Vikreta Sangh, Jabalpur and ors. Vs. State of Ma ...

Court : Madhya Pradesh

Decided on : Apr-13-1981

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1), 3(6) and 5; Madhya Pradesh Foodstuffs (Distribution) Control Order, 1960; General Clauses Act, 1897 - Sections 21 and 27; Constitution of India - Articles 14, 19(1), 39, 162 and 226

Reported in : AIR1981MP203

a Government Scheme.3. The 1960 Control Order was made by the State Government under Section 3 of the Essential Commodities Act. 1955. in the exercise of its delegated power under Section 5 of the Act. Clause 2 (a) defined 'appointed … 833, 837, 840, 844, 846, 847, 848, 858 and 871 all of 1980 and Misc Petitions Nos. 1, 12, 16, 38, 91, 105, 166, 169, 202, 322, 339 and 362 all of 1981.2. Petitioner No. 1 in

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Sep 29 2006

S. Chinnasamy and R. Soundararajan Vs. Seed Inspector, Coimbatore and ...

Court : Supreme Court of India

Decided on : Sep-29-2006

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3 and 7(1); Seeds (Control) Order, 1983 - Sections 3, 8, 9, 12, 13 and 18(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 374, 457 and 458

Reported in : AIR2007SC109; 2006CriLJ4761; JT2006(9)SC1; 2006(10)SCALE7; (2006)11SCC486

Clauses (a), (h) and (i) of sub-section 2 of the Section 3 punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. The Special Judge sentenced the appellants/accused to undergo three months simple imprisonment and to pay a fine of … Jesudas. The relevant part of the complaint reads as under:The complainant is a notified Seed Inspector, appointed under Section 12 and empowered to act as per Section 13 of the Seeds (Control) Order, 1983. His jurisdiction extends over

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Jul 06 2006

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

Court : Madhya Pradesh

Decided on : Jul-06-2006

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 … shall perform the duties and exercise the powers conferred or imposed upon him by or under the Act. Section 12 states that the Cane Commissioner may, for purposes of Section 15, 16 or 17 by order, require the

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Aug 14 2014

Anil Kumar @ Neelu and Others Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Aug-14-2014

Subject : Land Acquisition

dated 10.12.2002 passed by Special Judge, Fatehgarh Sahib vide which they were convicted under Section 7 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') and were sentenced to undergo RI for four years each. Appellant No.1

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Sep 06 1994

Bharat Coking Coal Ltd. Vs. Steel Abrasers and Allied Products Ltd.

Court : Supreme Court of India

Decided on : Sep-06-1994

Subject : Consumer

Acts : Essential Commodities Act, 1955 - Sections 16(2); Defence of India Rules - Rules 31(2) and 81(2); Companies Act, 1956 - Sections 617; Colliery Control Order, 1945; Constitution of India - Article 12

Reported in : AIR1995SC247; JT1994(6)SC282; 1994(4)SCALE100; [1994]Supp3SCR118

Rule 81(2) of the Defence of India Rules and being continued in force by Section 16(2) of the Essential Commodities Act, 1955. In exercise of the powers conferred by the Order, the Central Government issued a notification on December 27, … that such action on the part of the appellant, which was a 'State within the meaning of Article 12 of the Constitution of India, was wholly arbitrary and illegal and, accordingly, prayed for appropriate relief. In contesting

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Feb 13 2007

State of Maharashtra and ors. Vs. Lalit Somdatta Nagpal and anr.

Court : Supreme Court of India

Decided on : Feb-13-2007

Subject : Criminal

Acts : Maharashtra Control of Organized Crime Act, 1999 - Sections 1, 2, 2(1), 3, 3(1), 3(2), 3(4), 7, 10A, 21, 21(3), 21(4), 23, 23(1) and 23(2); Essential Commodities Act, 1955 - Sections 3 and 7, 7(1), 7A(1)(9), 9, 10 and 10A; Petroleum Storage and Distribution Act, 2000 - Sections 3; Essential Commodities (Special Provisions) Act, 1981 - Sections 7, 12A, 12AA and 12AA(1); General Clauses Act, 1897 - Sections 6; Arms Act; Sales Tax Act - Sections 63; Code of Criminal Procedure (CrPC) - Sections 167(5), 262 to 265, 438 and 468; Indian Penal Code (IPC) - Sections 34, 120B, 364, 302, 420 and 506(2); Code of Civil Procedure (CPC) - Sections 82

Reported in : 2007CriLJ1678; JT2007(3)SC466; 2007(3)SCALE49; (2007)4SCC171

Act, 1999 in respect of offences alleged to have been committed under Sections 3 and 7 of the Essential Commodities Act, 1955. In order to answer the above question, it is necessary to briefly set out the facts involved in … holding that when the maximum punishment prescribed under Section 7(1)(a)(ii) was seven years, merely because the proviso to Section 12 AA (1) (f) limits the jurisdiction of the Special Court to award sentence up to two years, it

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