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Niphad Sahakari Sakhar Karkhana Ltd. and Others Vs. State of Maharasht ...

Court : Mumbai

Subject : Land Acquisition

the seller. 9. The Petitioner then refers to several other Acts enacted by the Parliament and particularly the Essential Commodities Act, 1955, the control orders pertaining to sugarcane there-under. They also refer to the provisions of Sale of Goods Act … or interest or charging of interest and by section 12A, special mode of recovery is set out. By section 12B, there is a power of remission and exemption and by sections 13, 14, 15 and 15A, service of

ivory Traders and Manufacturers Association Vs. Union of India

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Article 226

Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131

Non-Ferrous Metal Control Order, 1958 which was issued by the Government of India under Section 3 of the Essential Commodities Act, 1955, violated Article 19(1)(g). The Court while interpreting the word `restrictions' held as follows : 'It is reasonable to … 61(1) of the Principal Act and transferred the Indian elephant to Schedule-I and listed the same at Entry 12B thereof. This was a major step towards protecting Indian elephant as Schedule `I' animals enjoy complete immunity from

Belapur Co. Ltd. Vs. Maharashtra State Farming Corporation

Court : Mumbai

Subject : Property

Acts : Evidence Act, 1872 - Sections 91 to 98; Code of Civil Procedure (CPC), 1908

Reported in : AIR1969Bom231; 1970MhLJ330

(Control) Order 1966, promulgated in exercise of powers conferred on the Central Government by section 3 of the Essential Commodities Act, 1955, fixing the minimum price for the year 1966-67 (1st November 1966 to the year 1966-67) at Rs, 5.72 … 46 of the said Act. On 24th October 1967, the State Government amended these Rules by framing Rules 12B and 12C under sub-section 2(d) of Section 46 of the Act, to the contents of which I will

Pradeep S/O Domaji Bhanose and ors. Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Collierty Control Order, 1945; Essential Commodities Act, 1955 - Sections 3 and 7

Reported in : 2003BomCR(Cri)706; 2003(1)MhLj40

applicants have been prosecuted under Sections 3 and 7 of the Essential Commodities Act, 1955 read with Clauses 12B and 12E of Colliery Control Order, 1945. In all these cases, the Police had seized Trucks carrying steam … including coke and other derivatives were included in the definition of Essential Commodity under Section 2(a)(ii) of the Essential Commodities Act, 1955. Section 3 of the said Act empowers the Central Government to provide for regulating or controlling the production, supply

Coal India Ltd. and Another Vs. M/S. Continental Transport and Constru ...

Court : Supreme Court of India

Subject : Consumer

Acts : Essential Commodities Act, 1955 - Sections 16; Defence of India Rules, 1939 - Rule 81(2); Colliery Control Order, 1945; Essential Commodities Act, 1955 - Sections 2

Reported in : AIR1997SC2116; 1997(4)ALT4(SC); JT1997(4)SC65; 1997(3)SCALE182; (1997)9SCC258; [1997]3SCR1

which has been continued in force and is now in operation by virtue of Section 16 of the Essential Commodities Act, 1955, since coal is an essential commodity under Section 2(a)(ii) of the said Act. The Colliery Control Order makes … authority subject to such instructions as the Central Government may issue from time to time (Clause 12A). Clause 12B requires that a person who has been allotted coal under the Colliery Control Order cannot use it otherwise

The Chamber of Colours and Chemicals Ltd. Vs. the Forward Markets Comm ...

Court : Delhi

Subject : Contract

Acts : Forward Contracts Regulation Act, 1952 - Sections 14A

Reported in : AIR1975Delhi96; ILR1975Delhi475

(19) In this context, we may mention that the largest number of commodities are presently controlled under the Essential Commodities Act, 1955. This is because the said Act deals with the subject- matter of trade and commerce in and the … section 8 (power of Central Government to call for periodical returns or direct inquiries to be made) and section 12B (power of Commission to suspend member of recognised association or to prohibit him from trading) to a registered

M/S. Ivory Traders and Manufacturers Association and Other Vs. Union o ...

Court : Delhi

Subject : EnvironmentConstitution

Acts : Constitution of India - Articles 7, VII(2), 8, 14, 19(1), 20(1), 48A, 245, 249, 250, 252 and 300A; Wild Life (Protection) Act, 1972; Wild Life (Protection) Amendment Act, 1991 - Sections 39(1)(C), 44, 49C(7) and 51(2); Wild Birds Protection Act, 1887; Wild Birds and Animals (Protection) Act, 1912 - Sections 3, 4 and 11; Wild Life (Protection) Amendment Act, 1986; Wild Animals, Birds and Plants (Protection) Act, 1972 - Sections 1, 2, 4, 6, 8, 12, 18, 19, 24, 33, 34, 35, 36, 38, 39, 40, 43, 44, 49, 49A, 49B, 49C, 50, 51, 54, 57, 59, 60, 61, 62, 63, 64 and 66; Principal Act - Sections 9, 10, 13 to 17, 38J, 44, 51 and 63; Code of Criminal Procedure (CrPC) , 1973 - Sections 360; Probation of Offenders Act, 1958; Non-Ferrous Metal Control Order, 1958; Bombay Municipal Corpo

Reported in : AIR1997Delhi267b; ILR1997Delhi22

Non-Ferrous Metal Control Order, 1958 which was issued by the Government of India under Section 3 of the Essential Commodities Act, 1955, violated Article 19(1)(g). The Court while interpreting the word 'restrictions' held as follows (Para 18 of AIR): 'It … S.61(1) of the Principal Act and transferred the Indian elephant to Schedule-1 and listed the same at Entry 12B thereof. This was a major step towards protecting Indian elephant as Schedule 'I' animals enjoy complete immunity from

Kallol Kumar Mukherjee and ors. Vs. State of West Bengal

Court : Kolkata

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120B, 407, 408, 419, 468, 471 and 477A; ;Essential Commodities Act, 1955 - Sections 7(1) and 8; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 167(5) and 172(2); ;West Bengal Code of Criminal Procedure (CrPC) (Amendment) Act, 1988

Reported in : (1994)2CALLT43(HC)

12C and 12D of the Colliery Control Order, 1945 as continued in force by Section 16 of the Essential Commodities Act, 1955, the Central Government lifted the ban on transport, diversion, purchase, acquisition, etc. of soft coke certain other categories

Indian Aluminium Co. Etc. Etc. Vs. State of Kerala and Others

Court : Supreme Court of India

Subject : Electricity

Acts : Kerala Electricity Surcharge (Levy and Collection) Act, 1989 - Sections 3 and 11; Finance Act, 1978 - Sections 36; U.P. Sales Tax Act, 1948 - Sections 3; Constitution of India - Articles 32, 131, 246, 245, 262, 304 and 366; Punjab Village Common Lands (Reglations) Act, 1961; Karnataka State Civil Servies (Regulations of Promotion, Pay and Pension) Act, 1973; Iner- State Water Disputes Act, 1956 ; Kerala Essential Articles Control (Temporary Powers) Act, 1961 - Sections 3; Kerala Essential Articles Control Act, 1986; Essential Articles (Control) Act, 1963; Kerala Electricity Duty Act, 1963; Income-tax Act, 1922 - Sections 128; Government of India Act, 1935; Orissa Sales Tax Act, 1947 - Sections 14; Essential Commodities Act - Sections 3; Finance Act, 1964 - Sec

Reported in : 1996IIAD(SC)137; AIR1996SC1431; JT1996(2)SC85; 1996(1)SCALE780; (1996)7SCC637; [1996]2SCR23

the Constitution for being in conflict with the Drugs (Price Control) Order made under Section 3 of the essential Commodities Act. In interpreting the respective legislative fields of the Parliament and the State legislature (Concurrent List), with a view … in the context of the Madras Land Revenue Surcharge Act, 1954 and the Madras Land Revenue (Additional Surcharge) Act, 1955, interpretation of the word 'surcharge' came up for consideration. The ratio of the said case is that surcharge' … [1954]26ITR758(SC) at 836-37, the controversy was whether the expression 'capital gain' used in the income-tax Act, inserted by Section 12B of Income-tax Act, 1922 and Government of India Act, 1935, includes 'income' under Entry 54 of List I

State of Bihar Vs. Tata Iron and Steel Co. Ltd.

Court : Supreme Court of India

Subject : ConsumerMiscellaneous

Acts : Colliery Control Order, 1945; Essential Commodities Act, 1955 - Sections 3 and 7; Bihar Trade Articles (Licenses Unification) Order, 1984; Coking Coal Mines (Nationalisation) Act, 1972

Reported in : AIR1995SC1170; JT1995(3)SC479; 1995(1)SCALE792; (1995)2SCC4; 1995Supp(2)SCC4; [1995]2SCR102

prior concurrence of the Central Government, and in exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955, has issued an order called the Bihar Trade Articles (Licenses Unification) Order, 1984 (The Unification Order). The question … fit to any colliery owner prohibiting or limiting the mining or production of any grade of coal. Clause 12B prohibits any person from using coal so allotted otherwise than in accordance with the conditions contained or incorporated