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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

petitioners submitted that the provisions of Section 3 of the Essential Commodities Act, 1955 are ultra vires Articles 14, 19 and 31 of the Constitution of India and, therefore, provisions of Cotton (Control) Order 1948 also being … 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

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May 06 1959

The Lord Krishna Sugar Mills Ltd. and anr. Vs. the Union of India and ...

Court : Supreme Court of India

Decided on : May-06-1959

Subject : Constitution

Acts : Constitution of India - Articles 14 and 19; Essential Commodities Act, 1955 - Sections 3; Sugar Export Promotion Act, 1958 - Sections 5 to 8; Sugar (Control) Order, 1955

Reported in : AIR1959SC1124; [1960]1SCR39

his judgment, and I need not restate them except to notice a few relevant and material facts. The Essential Commodities Act, 1955 (Act 10 of 1955), was enacted for the purpose mentioned in the preamble to that Act. In exercise … December 31, 1958, later extended to January 31, 1959. This notification was also issued on June 27, 1958. Section 5 of the Act enables the Central Government to apportion, by order in writing, the quantity to be … ORIGINAl, JUTRISDICTION : Petitions Nos. 9 and 14,of 1959. Petitions under Article 32 of the Constitution of India for the

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Aug 01 2003

Shrijee Trading Company and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Aug-01-2003

Subject : ConstitutionCommercial

Acts : Constitution of India - Articles 14, 19(1) and 19(6); Essential Commodities Act, 1955 - Sections 3; Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993; Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981; Gujarat Essential Articles (Licensing, Control and Stock Declaration) (Amendment) Order, 2002

Reported in : (2003)3GLR2331; (2003)4GLR950

a mere executive instruction since it was issued in exercise of the powers under Sec. 3(1) of the Essential Commodities Act. 1955. The impugned notification dated 31-7-2002, at Annexure 'A' to the affidavit-in-reply, was issued pursuant to the said Amendment … Licensing Order of 1981 and in violation of the provisions of Art. 14 of the Constitution of India. According to the appellants, they were doing … earlier 'three tier' system. It is stated that the P.D.S. kerosene is meant for the downtrodden and weaker sections of the society and the Government was spending a huge amount of subsidy for P.D.S. kerosene for giving

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Aug 21 1959

Sri Krishna Rice Mills, Tadepalligudem by Proprietor Sait Bansilal (Di ...

Court : Andhra Pradesh

Decided on : Aug-21-1959

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 19(6), 31, 31(2) and 226; Essential Commodities Act, 1955 - Sections 3, 3(3), 3(3A) and 3(5)

Reported in : AIR1960AP431

Godavari, East Godavari, Krishna and Guntur Districts. They mainly raise a question relating to the validity of the Essential Commodities Act, 1955 (Act X of '1955) as amended by Acts XIII and XXVIII of 1657 (hereinafter referred to as the … facts may be briefly stated. A notification issued by the Government of India acting under Sub-section (3-A) of Section 3 of the Act as amended by Act XIII of 1957 directed that the price at which rice … parts of the country. For this purpose, they issued an order dated 14-9-I957 acting under Clause (c) of Sub-section (3) of Section 3 of the

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May 03 1967

Jethalal Nanalal Vs. State of Gujarat

Court : Gujarat

Decided on : May-03-1967

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 7 and 14; Iron and Steel (Control) Order, 1956; Evidence Act, 1872, - Sections 101 to 104, 106; Code of Civil Procedure (CPC), 1908

Reported in : AIR1968Guj163; 1968CriLJ1065

Mr. Justice M. U. Shah. The appellant of the said appeal was convicted under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (hereafter referred to as 'the Act') by the City Magistrate, 7th Court, Ahmedabad for contravention of clause 4 … sheets from a producer, ac stock holder or a person holding stocks of iron and steel, presumption under Section 14 of the Act cannot be attracted. Differently stated, the argument was that the burden thrown on the accused

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Apr 05 2000

Raman Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-05-2000

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 52, 120-B, 195, 196, 342, 347, 357, 368, 388, 418, 468, 458 and 482; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17, 58(1) (2) and 69; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 36-A, 154, 156(3), 167, 169, 173(8), 178, 179, 190, 195, 197, 201, 202(1), 340 and 482; Police Act, 1861 - Sections 29 and 42; Bombay Police Act, 1951 - Sections 140(1) and 161(1); Prevention of Corruption Act, 1947 - Sections 5(1) and 13(1); Constitution of India - Article 226 or 227; Terrorist and Disruptive Activities (Prevention) Act, 1987; Essential Commodities Act, 1955; Prevention of Corruption Act, 1988; Scheduled Castes and Scheduled Tribes Orders Act, 1956 - Sections 14; Judicial Officer's Protection Act, 1850; G

Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39

the operation of Section 167.'(37). There are various Acts like the Terrorist and Disruptive Activities (Prevention) Act, 1987; Essential Commodities Act, 1955; Prevention of Corruption Act, 1988; N.D.P.S. Act, and Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989. All these … as under:'(i) The cases including offences under S.C./S.T. Act are exclusively triable by a Special Court created under Section 14 of the S.C./S.T. Act. (ii) ..... (iii) The Magistrate having jurisdiction over the area in which offences under

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Sep 22 1993

Shri Malaprabha Co-op. Sugar Factory Ltd. Vs. Union of India and Anoth ...

Court : Supreme Court of India

Decided on : Sep-22-1993

Subject : ConstitutionConsumer

Acts : Essential Commodities Act, 1955 - Sections 3(3C); Sugarcane (Control) Order; Constitution of India - Articles 14, 19(1) and 31(2)

Reported in : AIR1994SC1311; JT1993(3)SC561; 1993(3)SCALE927; (1994)1SCC648; [1993]Supp2SCR415

under attack is the fixation of price of levy sugar under orders issued under Section 3(3C) of the Essential Commodities Act, 1955 (hereinafter referred to as the Act).2. To highlight the points in issue we will refer to the facts … can ignore the return on the capital in other construction under Section 3(3C) would be violative of Articles 14, 19(1)(f), 19(1)(g) and 31(2) of the Constitution of India. The only question that arose for consideration in Sita

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Jul 20 1982

Senthilve and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Decided on : Jul-20-1982

Subject : Constitution

Acts : T.N. Kerosene (Regulation of Trade) Order, 1973; Constitution of India - Articles 14 and 19(1); Essential Commodities Act, 1955 - Sections 3

Reported in : AIR1983Mad316; (1983)2MLJ368

(Regulation of Trade) Order 1973, in exercise of the powers conferred on it under Section 3 of the Essential Commodities Act, 1955. The order came into force on the 14th Nov., 1973. The order was promulgated for ensuring an equitable … on it under Section 3 of the Essential Commodities Act, 1955. The order came into force on the 14th Nov., 1973. The order was promulgated for ensuring an equitable distribution of kerosene at fair price. The order

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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 … is found to have contravened any condition of the agreement, his appointment can be suspended or cancelled. Clause 14 makes provision for an appeal against order? made under the scheme by Sub-Divisional Officers to an authorised officer.7.

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Feb 26 1969

Commissioner, Sales Tax, U.P. Vs. Ram Bilas Ram Gopal

Court : Allahabad

Decided on : Feb-26-1969

Subject : Sales Tax

Acts : Uttar Pradesh Sales Tax Act, 1948 - Sections 2; Uttar Pradesh Wheat Procurement (Levy) Order, 1959; Essential Commodities Act, 1955 - Sections 3(2) and 7; Contract Act - Sections 14

Reported in : AIR1970All518; [1969]24STC508(All)

as I shall describe it, was made in exercise of the powers conferred by Section 3(2) of the Essential Commodities Act. 1955. It recites its purpose as the maintenance of supplies of wheat and the securing of its equitable distribution … is not caused by coercion, undue influence, fraud, misrepresentation or mistake. His consent is free as defined in Section 14 of the Indian Contract Act though he is obliged by law to enter into the agreement. The compulsion

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