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Chandrakant Pinayamal Motwani Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 1988 - Orders 4, 6(3), 7 and 7(2); Essential Commodities Act, 1955 - Sections 3, 7, 7(1), 7(3), 10A, 11 and 36; Probation of Offenders Act, 1958 - Sections 4(1), 4(3), 4(4) and 4(5); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 102, 102(1), 102(2), 360 and 361; ;Old Code - Sections 550; Defence of India Rules, 1939; ;Mysore Excise Act, 1966 - Sections 53 and 54; Essential Supplies (Temporary Powers) Act, 1946

Reported in : 2000CriLJ1935

the case of K.L. Subhayya v. State of Karnataka reported in : 1979CriLJ651 .8. Section 10-A of the Essential Commodities Act, 1955 was introduced by Amending Act 36 of 1967 and was made applicable from 30th Dec, 1967 whereby the … the benefit of the provisions of the Probation of Offenders Act or not. The Supreme Court, referring to Section 4(1) of the said Act held that the said provision applies to a person above 21 years of age.

Gwalior Sugar Co. Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

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 … be established by the State Government by a notification and indicates the composition of the Sugar Cane Board. Section 4 deals with the functions of the Sugar Cane Board and it is stated therein that the Sugar Cane

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Subject : Sales TaxConstitution

Acts : Sales of Goods Act, 1930 - Sections 3, 4 and 9; Rajasthan Sales Tax Act, 1994 - Sections 2(42), 2(44) and 4A; Finance Act, 2004 - Sections 4A and 4A(1); Standards of Weights and Measures Act, 1976; Standards of weights and Measures Rules; Constitution of India - Articles 246, 286 and 366(29A); ;Constitution of India (42nd Amendment) Act, 1982 - Article 366; Constitution of India (46nd Amendment) Act; Drug Price Control Order, 1995; Essential Commodities Act, 1955 - Sections 3; Uttar Pradesh Sales Tax Act, 1948 - Sections 2; Contract Act - Sections 77; Income Tax Act, 1961 - Sections 28 to 43C, 44AC, 44AC(1) and 206C; Direct Tax Laws (Amendment) Act, 1989; Finance Act, 1988; Finance Act, 1990 - Sections 44AC; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales T

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

Price Control Order, 1995 (in short 'Control Order), issued by the Central Government under Section 3 of the Essential Commodities Act, 1955 (in short the 'Essential Commodities Act'), the maximum retail price is determined in the case of Scheduled Formulations … the State Legislature. Under the impugned provision, tax is levied on a completed sale within the meaning of Section 4 of the Sales Act. However, in what manner the charge is to be levied is a matter of

Bureau of Indian Standards, Rep. by Its Authorized Officer Vs. Janak R ...

Court : Karnataka

Subject : CivilConstitution

Acts : Bureau of Indian Standards Act, 1986; Essential Commodities Act, 1955 - Sections 3, 4 and 7; Mild Steel Tubes (Quality Control) - Order, 1978; Code of Criminal Procedure (CrPC) , 1973 - Sections 203

Reported in : 2004CriLJ1025; ILR2003KAR4366

M.S. Tubes in violation of Mild Steel Tubes (Quality Control) Order, 1978, issued under Section 3 of the Essential Commodities Act, 1955, and as such requested the police to conduct raid and accordingly the complaint was filed and the same … order passed by the Sessions and Spl. Judge at Bangalore, by order dated 8.2.2000 in Spl. Case No. 47/97 and 48/97. The order assailed in Crl.R.R 467/00 is in respect of Spl. Case No. 48/97 and the

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

Court : Punjab and Haryana

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 … by the Director, Food & Supplies, Haryana, in that behalf, Under Clause 4 of the Control Order, maximum sale price of rice bran, for the

The Commercial and Ahmedabad Mills Co. Ltd. and anr. Vs. Union of Indi ...

Court : Gujarat

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

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 … not have been delegated to Textile Commissioner has no force at all in view of the provisions of Section 4 of the Act. Section 4 of the Act, in clear term provides that an order made under Section

Mohan Pandey and ors. Vs. State of Bihar

Court : Patna

Subject : Criminal

Acts : Prevention of Damage of Property Act, 1982 - Sections 3 and 3(2); Prevention of Damage to Public Property Act, 1984 - Sections 3; Indian Penal Code (IPC) - Sections 20, 414 and 120(B) and 420; Essential Commodities Act, 1955 - Sections 3, 6 and 7; Bihar Motor Spirit and High Spirit Diesel Oil Dealers Licensing Order, 1998 - Sections 4; Bihar Motor Spirit and High Spirit Diesel Oil Dealers Licensing Order, 1966 - Sections 12(1); Motor Spirit and High Speed Petrol (Prevention of Malpractices in supply and Distribution) Order, 1990; Code of Criminal Procedure (CrPC) - Sections 100; Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998; Prevention of Damage to Public Act - Sections 9

mentioned in this letter that since the adulteration of kerosene oil, diesel and petrol, is an offence under Essential Commodities Act 1955 and Bihar Motor Spirit and High Sprit diesel oil Dealers Licensing Order 1966, only a police officer, not … result that the product does not conform to the requirement and specification of the product indicated in Schedule-I.15. Section 4 of the 1998 Orders authorises any Gazetted officer of the Central or State Government or any Police Officer

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

Court : Supreme Court of India

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

Aimala Jayaram Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Subject : Criminal

Acts : Dowry Prohibition Act, 1961 - Sections 6(1), 6(2), 7 and 7(2); ;Foreign Exchange Regulation Act, 1947 - Sections 23(1); Essential Commodities Act, 1955 - Sections 6-A and 7; Essential Commodities (Amendment) Act, 1974 - Sections 4; Constitution of India - Article 20

Reported in : 1991(3)ALT686; 1992CriLJ2217

Dowry Prohibition Act, 1961, Section 23 (1) of Foreign Exchange Regulation Act, 1947, Sections 6-A and 7 of Essential Commodities Act, 1955, Section 4 of Essential Commodities (Amendment) Act, 1974 and Article 20 of Constitution of India - wife filed complaint against

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

Court : Supreme Court of India

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 … as manufactured items therefrom as per the Market Act. In short, the invocation of Section 3 read with Section 4 of the Market Act was totally misconceived and uncalled for. It was further contended that once the State