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Sep 18 1981

Hari Ram Paras Ram and ors. Vs. State of Haryana, Chandigarh and ors.

Court : Punjab and Haryana

Decided on : Sep-18-1981

Subject : Commercial

Acts : Essential commodities Act, 1955 - Sections 3, 3(2), 3(3), 3(3-A), 3(3-B), 4 and 5; Haryana Rice Bran (Distribution and Price) Control Order, 1981; Constitution of India - Articles 14, 19, 19(1) and 31(2)

Reported in : AIR1982P& H108

Order, 1981 (hereinafter referred to as the Control Order)--This Control Order was promulgated under S. 3 of the Essential commodities Act, 1955 (hereinafter called the Act). Under Clause 3 of the control Order, all the manufacturers, dealers and owners of … at the rate of Rs.42/- per quintal. The petitioners have challenged this Order on the ground that under Section 3(2)(c) of the Essential Commodities Act, 1955, no control price of this commodity has been fixed and unless

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Mar 03 2004

Securities and Exchange Board of India Vs. Cabot International Capital ...

Court : Mumbai

Decided on : Mar-03-2004

Subject : Company

Acts : Securities and Exchange Board in India Act, 1992 - Sections 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H, 15HA, 15HB, 15I and 15J; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Regulation 3, 3(1) and 3(4)

Reported in : 2004(4)BomCR700; [2005]123CompCas841(Bom); (2004)2CompLJ363(Bom); [2004]51SCL307(Bom)

to the Agricultural Income-tax.19. Mr. Dwarkadas relied on Nathulal's case (supra). This was a case of offence under Essential Commodities Act, 1955 r/w Section 40 of the Indian Penal Code. This was again a case of criminal offence. The principle … SEBI (Procedure for Holding Enquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995. The appellants, pursuant to Sections 15A, 15H of the SEBI Act, read with regulations 3(4), 11 of the SEBI Takeover Regulations 1997, issued show-cause

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Oct 11 2002

Kensigton Investment Ltd. Vs. Securities and Exchange Board of India

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Decided on : Oct-11-2002

Subject : Land Acquisition

the notification issued by the Central Government in exercise of its powers under sub section 3(c) of the Essential Commodities Act, 1955, fixing the price of levy sugar. In that context the Court had held:--------"......the expression "having regard to" must … and as a result while buying shares, could not stick to the 5% limit.14. Shri Khambatta referred to section 15A(b) of the Act and submitted that the penalty provided therein is attracted only if a person wilfully fails

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Jun 09 1998

Shri Pandurang Sagun Salgaonkar Vs. State

Court : Mumbai

Decided on : Jun-09-1998

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 7, 12A, 12AA, 12AC and 15A; Essential Commodities (Special Provisions) Act, 1981; Indian Penal Code (IPC) - Sections 120B and 408; Code of Criminal Procedure (CrPC) , 1974 - Sections 197, 223, 227 and 228

Reported in : 1999CriLJ104

with Section 120-B of the Indian Penal Code and under Section 3 read with Section 7 of the Essential Commodities Act, 1955 read with Section 120-B of the Indian Penal Code. Feeling aggrieved thereby accused No. 9 has preferred this

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Sep 03 1984

Glaxo Laboratories (India) Ltd. Vs. Union of India and Others

Court : Mumbai

Decided on : Sep-03-1984

Subject : Customs

Acts : Indian Tariff Act, 1934; Drugs and Cosmetics Act, 1940 - Sections 3; Drugs (Price Control) Order, 1979; Essential Commodities Act, 1955 - Sections 3; Central Excises Act; Uttar Pradesh Sales Tax Act, 1948

Reported in : 1984(3)ECC255; 1985(21)ELT72(Bom)

language used in item 28.16. Under the Drugs (Price Control) Order, 1979 issued under section 3 of the Essential Commodities Act, 1955 'bulk drug' is defined in section 2(a) as follows :''bulk drug' means any substance including pharmaceutical, chemical, biological … Union of India and others reported in 1982 E.L.T. 917 this High Court was required to consider item 15A of the Central Excise Tariff. Item 15A deals with artificial or synthetic resins and plastic materials and articles

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Apr 02 1991

State of Bihar and anr. Vs. P.P. Sharma, Ias and anr.

Court : Supreme Court of India

Decided on : Apr-02-1991

Subject : Criminal

Acts : Constitution of India - Articles 21, 226 and 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 173, 197, 197(1) and 482; Indian Penal Code (IPC) - Sections 120B, 409, 420, 468, 469 and 471; Essential Commodities Act - Sections 7

Reported in : AIR1991SC1260; 1991(2)BLJR767; (1991)2CompLJ197(SC); 1991CriLJ1438; 1991(2)Crimes113(SC); JT1991(2)SC147; 1992Supp(1)SCC222; [1991]2SCR1; 1992SCC(Cri)192

powers conferred under Section 197 Cr.P.C. 1973 (Act Fert. II of 1974) and under Section 15 of the Essential Commodities Act 1955 prosecution has been sanctioned under Section 409/420/467/468/471/120 and under Section 7 of the Essential Commodities Act.27. The sanction … in the case diary that no sanction for prosecution under Section 197 Cr.P.C. was required. The sanction under Section 15A of the Essential Commodities Act was also not obtained.25. We have given our thoughtful consideration to the facts

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Dec 22 2015

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

Court : Mumbai

Decided on : Dec-22-2015

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 … power of remission and exemption and by sections 13, 14, 15 and 15A, service of notice, power to inspect and take copies of records and … whom are cultivators of sugarcane having their own land under cultivation. Apart from challenging the constitutional validity of sections 2, 3 and 6 of the Act of 1962 as amended from 1st October, 1995, the Petitioner also

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Mar 12 1987

Jagannath Prasad Jhalani and Others Vs. Regional Provident Fund Commis ...

Court : Delhi

Decided on : Mar-12-1987

Subject : Company

Acts : Companies Act, 1956 - Sections 23, 633 and 633(2); Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 14A and 14B; Employees' State Insurance Act, 1952; Income Tax Act, 1961 - Sections 192; Indian Penal Code (IPC), 1860 - Sections 405, 406 and 409

Reported in : [1987]62CompCas571(Delhi); (1987)63CTR(Del)312; [1987]168ITR341(Delhi)

the Prevention of Food Adulteration Act, 1954, deals with offences by companies. So is section 10 of the Essential Commodities Act, 1955, and also section 14A of the Provident Funds Act. The list appears to be endless. If the words … that prior to February, 1982, the company always deposited the statutory dues within the specified time. In paragraph 15A of the petition which was added after amendment of the petition, it was stated that due to continuous

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Aug 28 1991

The Senior Food Inspector, Ananthapur Vs. Ravuru Subbaiah

Court : Andhra Pradesh

Decided on : Aug-28-1991

Subject : CriminalFood Adulteration

Acts : Prevention of Food Adulteration Act - Sections 14, 14-A and 20(1); Weights and Measures Act, 1904 - Sections 14; Code of Criminal Procedure (CrPC) , 1973 - Sections 197; Essential Commodities Act - Sections 15-A; Evidence Act - Sections 114; Prevention of Food Adulteration Rules, 1955

Reported in : 1991(3)ALT394; 1992CriLJ2289

the respondents therein that the composite order granting sanction under S. 197, Cr.P.C. and S. 15A of the Essential Commodities Act was vitiated because of non-application of mind on the part of the competent authority, it was held at … Andhra Pradesh, Hyderabad accords sanction to launch prosecution under the provisions of P.F.A. Act, 1954 and P.F.A. Rules, 1955 against the vendor and supplier in respect of sample No. R/6904/F1/ZI/MMR/84 of Biscuits which is found to be … the facts should be referred to on the face of the sanction. Section 197 does not require the sanction to be in any particular form.

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Apr 22 1963

icc Vs. New York, N.H. and Hartford R. Co.

Court : US Supreme Court

Decided on : Apr-22-1963

Subject : Land Acquisition

in a general rate-cutting program which threatened the water carriers' continued existence; and that the water carriers were essential to national defense and an integral part of the national transportation system. The District Court reversed. Held: The … forward the data relating to its own costs that are required for resolution of the issue. See Various Commodities from or to Ark. & Tex., 314 I.C.C. 215. [ Footnote 13 ] The utility of the concepts … with their efforts to compete, the railroads vigorously supported legislation introduced in 1955 on the basis of a proposal by the Secretary of Commerce. H.R. … light of the legislative history of §15a(3), added to the Interstate Commerce Act by the Transportation Act of 1958, there can be no doubt that … consideration of the legislative history of this provision. Section 15a(3) was the result of several years of

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