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May 15 2000

Dilip Kumar Vs. Union of India and Others

Court : Allahabad

Decided on : May-15-2000

Subject : Criminal

Acts : National Security Act, 1980 - Sections 3(2); Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 - Sections 3(1); Essential Commodities Act, 1955 - Sections 2; Drugs and Cosmetics Act, 1940

Reported in : 2000(3)AWC2344

be treated as drugs as defined in the Drugs and Cosmetics Act. 1940 and Section 2(a)(iv-a) of the Essential Commodities Act. 1955, prohibition contained in Explanation has no application in the present case.5. We have carefully considered the submissions of

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Nov 06 2003

S. Samuel, M.D., Harrisons Malayalam and anr. Vs. Union of India (Uoi) ...

Court : Supreme Court of India

Decided on : Nov-06-2003

Subject : Constitution

Acts : Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977; Essential Commodities Act, 1955 - Sections 2, 3, 3(1), 3(2) and 5; Drugs and Cosmetics Act, 1940 - Sections 3; Tea Act, 1953 - Sections 2; Food Hoarding Order, 1917

Reported in : AIR2001SC218; JT2003(8)SC413; (2004)1SCC256; [2003]134STC610(SC)

included within the meaning of 'foodstuffs' listed as Sub-clause (v) of Clause (a) of Section 2 of the Essential commodities act, 1955 (hereinafter, the EC Act, for short) which defines 'essential commodity'.2. The EC Act was enacted to provide, in

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Sep 03 1980

Mutha Parasmal JaIn and ors. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Sep-03-1980

Subject : Commercial

Acts : Essential Commodities Act, 1955 - Sections 3, 3(2), 3(3) and 3(3C); Sugar (Retention and Sale By Recognised Dealers) Order, 1979; Levy Sugar Supply (Control) Order, 1979

Reported in : AIR1981Raj139

which it has to be fixed. The fixation of this price is based on Section 3(3-B) of the Essential Commodities Act. 1955. The first factor which the State Government has to consider in fixing, purchase price is the controlled price, … various places and other administrative orders demanding sale of 65% of Sugar stock, to the State Government. Earlier 231 such writ petitions were heard by the Jaipur Bench of this Court and on March 14, 1980 by

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Oct 24 1978

Maharaja Book Depot Vs. State of Gujarat

Court : Supreme Court of India

Decided on : Oct-24-1978

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 2; The Gujarat Essential Articles Dealers (Regulation) Order, 1971

Reported in : AIR1979SC180; 1978CriLJ1859; (1979)0GLR99; (1979)1SCC295; [1979]2SCR138; 1979(11)LC196(SC)

seized stock of exercise-books of the appellant or part thereof should be confiscated under Section 6A of the Essential Commodities Act, 1955. The question raised in the appeal is whether exercise books are covered by the item 'paper' occurring in … The question raised in the appeal is whether exercise books are covered by the item 'paper' occurring in Section 2(a)(vii) of that Act as also in Entry 13 of Schedule I to the Gujarat Essential Articles Dealers' (Regulation)

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Jul 26 1968

K.C. Pazhanimala and ors. Vs. State of Kerala and ors.

Court : Kerala

Decided on : Jul-26-1968

Subject : Civil

Acts : Constitution of India - Articles 226 and 245; Kerala Paddv (Restriction on Milling) Order, 1967; Essential Commodities Act, 1955 - Sections 3(2), 3(6) and 5; Rice Milling Industry (Regulation) Act, 1958

Reported in : AIR1969Ker154

July, 1967. G. S. R. 1111. -- In exercise of the powers conferred by Section 5 of the Essential Commodities Act, 1955 (10 of 1955), and in supersession of the Order of the Government of India in the Ministry of … ORDER New Delhi, the 24th July, 1967. G. S. R. 1111. -- In exercise of the powers conferred by Section 5 of the

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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 … and order dated 31st March, 1982, delivered by the Civil Judge, Senior Division, Akola, in Civil Suit No. 23 of 1979. The original plaintiff Shriram Chaurasia preferred First Appeal No. 139 of 1982 as the learned lower

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Jul 10 1972

The Special Officer for Coir, Kerala (Licensing Officer), Trivandrum V ...

Court : Kerala

Decided on : Jul-10-1972

Subject : Constitution

Acts : Constitution of India - Article 246; Essential Commodities Act, 1955 - Sections 2; Coir Retting (Licensing) Order, 1968; Coir Industry Act, 1953

Reported in : AIR1977Ker88

July, 1968 issued by the Central Government in purported exercise of the powers under Section 2(a)(xi) of the Essential Commodities Act, 1955, declaring coconut husk as an essential commodity, and the Coir Retting (Licensing) Order 1968, and all notifications issued

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Jul 08 1985

Union Territory of Chandigarh Vs. Amrit Roller Flour Mills

Court : Supreme Court of India

Decided on : Jul-08-1985

Subject : Sales Tax

Acts : Punjab General Sales Tax Act, 1948 - Sections 2; Wheat Roller Flour Mills (Licensing and Control) Order, 1957; Essential Commodities Act, 1955 - Sections 3, 3(1) and 3(2); West Bengal Cement Control Act, 1948 - Sections 3(1)

Reported in : AIR1985SC1199; 1985(2)SCALE51; 1985Supp(1)SCC213; [1985]Supp2SCR14; [1985]60STC66(SC); 1986(1)LC358(SC)

the Punjab General Sales Tax Act, 1948?The High Court referred to the provisions of Section 3 of the Essential Commodities Act, 1955, under which the Control Order had been issued, and to Clause V of the Licence under which the … whether the transactions effected by the respondent fall within definition of 'sale' under the Act. Clause (h) of Section 2 of the Act defines a 'sale' to mean 'any transfer property in good...for cash or deferred payment or

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Nov 10 1999

Baidyanath Dham Prasadi (Chura, Pera, Elaichidana) Bikreta Sangh and o ...

Court : Patna

Decided on : Nov-10-1999

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 2 and 3; Bihar Essential Articles Display of Price and Stock Order, 1977

orders are made by the State Government in exercise of delegation of power under Section 5 of the Essential Commodities Act, 1955. The Central Government has delegated its power conferred on it under Sub-section (1) of Section 3 in respect … conferred on it under Sub-section (1) of Section 3 in respect of matters specified in Clause (c) of Sub-section (2) of the said Act.13. The relevant G.S.R. 906 dated - 9th June, 1966 is set out below :-

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Jul 08 1996

Sasa Musa Sugar Works Etc. Etc. Vs. State of Bihar and Others Etc.

Court : Supreme Court of India

Decided on : Jul-08-1996

Subject : Other Taxes Constitution

Acts : Bihar Agricultural Produce Markets Act, 1960 - Sections 3, 4, 5, 6, 15, 16, 18, 28, 39, 42, 48, 52 and 53; Constitution of India - Articles 14, 19(2) and 213; Essential Commodities Act, 1953 - Sections 3; Bihar Agricultural Produce Markets Act, 1980 - Sections 33-M; Bihar Agricultural Produce Markets (Second Amendment) Ordinance, 1992; Bihar and Orissa General Clauses Act - Sections 24; Essential Commodities Act, 1955; Madras Commercial Crops Act, 1953; Bihar Agricultural Produce Market Rules, 1975 - Rule 68

Reported in : AIR1997SC188; JT1997(6)SC329; 1997(5)SCALE155; (1996)9SCC681; [1996]Supp3SCR149

read with Section 4(1) of the Act. This dichotomy follows the pattern of many economic enactments like the Essential Commodities Act, 1955, where certain essential commodities are specified by Section 3(a) and then the addition of other essential commodities is … impugned judgment answered the said points formulated by it in the following manner :(i) Neither Sub-section (1) nor Sub-section (2) of Section 4A is valid or constitutional prospectively. Both the sub-sections are ultra vires of Articles 14 and

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