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Mar 05 1992

State of Maharashtra and anr. Vs. Shriram Babulal Chaurasiya

Court : Mumbai

Decided on : Mar-05-1992

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9; Essential Commodities Act, 1955 - Sections 6A(2), 6C and 15

Reported in : 1992(3)BomCR201

Officers, the suit is not tenable at all in view of the provisions of section 15 of the Essential Commodities Act, 1955. Section 15 of the Essential Commodities Act reads as under:' (1) No suit, prosecution or other legal proceeding shall lie … Officers, the suit is not tenable at all in view of the provisions of section 15 of the Essential Commodities Act, 1955. Section 15 of the Essential Commodities Act reads as under: (1) No suit, prosecution or other legal proceeding shall lie

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Sep 24 1992

State of Tamil Nadu and Others Vs. M/S. Sanjeetha Trading Co. and Othe ...

Court : Supreme Court of India

Decided on : Sep-24-1992

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 301, 302, 303 and 304; Tamil Nadu Timber (Movement Control) Order, 1982; Tamil Nadu Timber Rules, 1968; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 15; Essential Commodities Act, 1955; Mysore Forest Act, 1900 - Sections 37

Reported in : AIR1993SC237; 1992(2)SCALE635; (1993)1SCC236; [1992]Supp1SCR840

K. Ramanathan (supra) it will appear that in exercise of the power conferred under Section 3 of the Essential Commodities Act, 1955 read with Government of India, Ministry of Agriculture (Department of Food) Order dated June 9, 1978, with the … Rules, 1959 came up for consideration. The said Rules had been framed in exercise of the power under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957. By aforesaid Rule 8-C, leases for quarrying black

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Feb 09 2000

The Ganganagar Sugar Mills Ltd., Sriganganagar and anr. Vs. M/S. Madan ...

Court : Rajasthan

Decided on : Feb-09-2000

Subject : Commercial

Acts : Sugar (Price Control) Order, 1979; Essential Commodities Act, 1955 - Sections 3; Rajasthan Agricultural Produce Market Act, 1961; Contract Act, 1872 - Sections 15, 16, 19A, 23, 24, 27, 65, and 68 to 72

Reported in : 2000(4)WLC506; 2000(3)WLN113

Control) Order 1979 on 12.9.79 by the Central Government in exercise of its powers u/Sec. 3 of the Essential Commodities Act, 1955, the maximum ex-factory price of sugar as well as maximum price at which sugar could be sold in … The refund of excess price to the purchaser has not been provided in law. He invited attention to Section 15 of the Indian Contract Act: It was urged that no ingredients of coercion as envisaged therein is shown

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Jun 17 1982

The State of Gujarat Vs. Janta Pauva Factory and ors.

Court : Gujarat

Decided on : Jun-17-1982

Subject : Civil

Acts : Essential Commodities Act, 1955 - Sections 3 and 15(2); Gujarat Rice Procurement (Levy) Order, 1966; Limitation Act, 1963 - Schedule - Article 91; Code of Civil Procedure (CPC), 1908 - Sections 80

Reported in : AIR1983Guj64; (1983)1GLR378

of the State firstly urged that the suits were not maintainable in view of Section 15(2) of the Essential Commodities Act, 1955. Section 15(2) runs as under:'15(2). No suit or other legal proceeding shall lie against the Government for any damage

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Aug 10 1999

The Belsund Sugar Co. Ltd. Vs. the State of Bihar and ors. Etc.

Court : Supreme Court of India

Decided on : Aug-10-1999

Subject : Commercial

Acts : Bihar Agricultural Produce Markets Act, 1960 - Sections 2(1), 3(1) 4, 5, 7, 12, 13, 15, 18, 25, 27, 28, 29, 31, 32, 39, 40, 42, 43, 44, 46, 48, 49, 50(1), 51, 52 and 58 - Rule 82; Bihar Sugarcane(Regulation of Supply & Purchase) Act, 1981; Bihar Agricultural Produce Markets Rules, 1975; Sugar(Control) Order, 1966; Sugar(Packing & Marking) Order, 1970; Sugar(Restriction on Movement) Order, 1970; Indian Contract Act, 1872 - Sections 72; Constitution of India - Articles 19(1), 132(1), 133(1), 142, 145 and 254(1); Industries(Development and Regulation) Act, 1951; Rice Milling Industry(Regulation) Act, 1958 - Sections 6(1); Tea Act, 1953 - Sections 30(1); Essential Commodities Act, 1955 - Sections 3; Bihar Molasses(Control) Act, 1947; Bihar Sugarcane Act, 1979 - Bihar Sugarcane

Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146

1966 as well as the Sugar (Control) Order of the same year issued under Section 3 of the Essential Commodities Act, 1955 and also the provisions of the Bihar Molasses (Control) Act, 1947 fully occupied the field of regulation of … factories undertaking the purchase and sale of the concerned transactions. In the alternative, it was contended that once Section 15 of the Market Act is out of picture and once it remains an admitted position that the appellant-sugar

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Aug 31 2001

Cipla Limited, Mumbai and anr. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Aug-31-2001

Subject : Commercial

Acts : Drug Price Control Order, 1995; Constitution of India - Article 14; Essential Commodities Act, 1955 - Sections 3

Reported in : 2002(1)ALLMR75; (2002)1BOMLR62; 2002(2)MhLj631

India but exported. It is further submitted that the DPCOs only exercise power under Section 3 of the Essential Commodities Act, 1955 and cannot purport to nor are they intended to regulate prices of essential commodities, i.e. drugs outside the … Section 3 of the Essential Commodities Act, 1995 and pursuant to the New Drug Policy 1994 issued on 15th September, 1954 by the Ministry of Chemicals and Fertilizers, Government of India. Previously, the following drugs price control

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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 … 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 occupier to furnish in the manner and by the date specified

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Jan 10 1972

The Saraswati Industrial Syndicate Ltd. Vs. Union of India

Court : Delhi

Decided on : Jan-10-1972

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3(2) and 3(3); Constitution of India - Article 19(1)

Reported in : AIR1972Delhi159

an essential commodity. Parliament has, thereforee empowered the Central Government under sub-section (1) of Section 3 of the Essential Commodities Act, 1955 (hereinafter called the Act) to promulgate Orders to provide for regulating or prohibiting the production, supply and distribution … of production for D-29 grade of sugar plus return pet quintal for the season 1970-71 comes to Rs. 151.15 per quintal while the price fixed by the Government was only Rs. 124.63, the loss suffered by the

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Aug 30 1974

Saraswati Industrial Syndicate Ltd. and ors. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Aug-30-1974

Subject : Constitution

Acts : Constitution of India - Article 226; Essential Commodities Act, 1955; Sugar (Control) Order, 1966

Reported in : AIR1975SC460; (1974)2SCC630b; [1975]1SCR956

by the Govt. and its officers for actions of the nature sought to be quashed by the appellants, Section 15 of the Essential Commodities Act, 1955, lays down :15(1) No suit, prosecution or other legal proceeding shall lie … excess of the power to fix price. This power is confined to fixation for the purposes mentioned in Essential Commodities Act, 1955. In any case, the appellants' objections could form the subject matter of representations which could have been made

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Sep 25 2014

Ashok Nankram Ahuja Vs. The State of Maharashtra

Court : Mumbai Aurangabad

Decided on : Sep-25-2014

Subject : Miscellaneous

merchants but they had not taken the delivery. The trial Court rightly relied on Section 10-C of the Essential Commodities Act, 1955 to presume existence of a culpable mental state on the part of accused. Under Section 14 of the … proved as Exh. 25. He accepted that, notice Exh. 26 was issued asking the accused to appear on 15.12.1995. Similarly, he admitted that he had issued order Exh. 27 rejecting the application. Thus, the accused himself brought

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