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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 … is not contemplated under Section 3 of the Act. Mr. Joshi submitted that sub-delegation can only be under Section 5 of the Act, 1955 which has been given a go-by and no policy, guidelines, restriction and compass for

Smt. V. Manjula Vs. Commissioner for Food and Civil Supplies in Karnat ...

Court : Karnataka

Subject : Civil

Acts : Essential Commodities Act, 1955 - Sections 5; Karnataka Essential Commodities Control Order, 1992 - Rule 17

Reported in : AIR2003Kant238; 2003(5)KarLJ367

India in co-operation with the Governmentof Karnataka, in exercise of its power conferred under Section 5 of the Essential Commodities Act, 1955 has framed rules known asthe Karnataka Essential Commodities (Public Distribution System) Control Order 1992with the sole intention of

State of U.P. and anr. Vs. Zila Parishad Ghaziabad and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Section 5

achieve the aforesaid objectives, the Government of India, in exercise of its power under Section 5 of the Essential Commodities Act, 1955 (hereinafter referred to as the “EC Act”), issued Notification dated 9.6.1978 delegating the power to the State Governments

Sri M. Abraham Vs. the Tahsildar, Kanaganapalli Mandal,

Court : Andhra Pradesh

Subject : Civil

Acts : Andhra Pradesh State Public Distribution System (Control) Order, 2008 - Clause 5(7); Essential Commodities Act, 1955 - Section 5, 3; Evidence Act - Section 114 III (e)

System (Control) Order, 2008 has been promulgated in exercise of the power available under Section 5 of the Essential Commodities Act, 1955. Clause 2(d) defines the expression "appointing authority" in the following terms: "Appointing Authority" means District Supply Officer (city)

Elluru Chandra Obul Reddy Vs. Joint Collector and ors.

Court : Andhra Pradesh

Subject : Commercial

Acts : Indian Penal Code (IPC) - Sections 406; Essential Commodities Act, 1955 - Sections 2, 3, 3(1), 5, 6A, 7 and 7(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 100 and 165(1); Andhra Pradesh Rice Procurement (Levy) Order, 1984; Andhra Pradesh State Public Distribution System (Control) Order, 2001; Andhra Pradesh Paddy and Rice (Requisitioning of Stocks) Order, 1966; Removal of (Licensing requirements, Stock Limits and Movement Restrictions) on Specified Foodstuffs Order, 2002; Removal of (Licensing requirements, Stock limits and Movement Restrictions) on Specified Foodstuffs (Amendment) Order, 2003

Reported in : 2008(6)ALD411; 2008(6)ALT538; 2009CriLJ427

case in crime No. 58/2007 under Section 406 of the Indian Penal Code and Section 7(1) of the Essential Commodities Act, 1955.4. Whereas, Writ Petition No. 18093 of 2007 is filed to declare the memo dated 19.7.2007 issued by the … to issue notified orders providing for the regulation of production, supply and distribution of any essential commodity. Under Section 5 of the EC Act, the Central Government can delegate its powers to State Government or Officer or an

Nanalal Navalnathji Yogi Vs. Collector of Bulsar and ors.

Court : Gujarat

Subject : Constitution

Acts : Constitution of India - Articles 301, 302, 304 and 362; Essential Commodities Act, 1955 - Sections 3(1), 3(6) and 5; ;Gujarat Rice (Export-Control) and Paddy (Movement-Control) Order

Reported in : AIR1981Guj87; (1980)2GLR333

The learned Advocate Shri Shah who appeared on behalf of the petitioner raised the following three contentions: -(1) Section 5 of the Essential Commodities Act. 1955 is ultra vires Article 301 of the Constitution read with Article 304 … that the Gujarat Rice (Export-Control) and Paddy (Movement Control) Order, 1966 is ultra vires Section 3(1) of the Essential Commodities Act, 1955. Section 3(1) of the Essential Commodities Act, 1955 runs as under: -'3. (1) If the Central Government is of

Foremost Dairies Ltd. and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1), 3(2) and 5; Rajasthan Milk (Export Control) Order 1984; Constitution of India - Articles 9, 14, 19, 245, 301 and 302; Evidence Act, 1872 - Sections 106;

Reported in : AIR1986Raj116; 1985(1)WLN43

to as 'the Export Control Order') acting in exercise of the powers conferred under Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') read with general order of Government of India, Ministry of Agriculture and … published in the Gazette of India Extraordinary Part II under which in exercise of the powers conferred by Section 5 of (he Act, the Central Government had directed that the powers conferred on it by Sub-section (1) of

State of Andhra Pradesh and anr. Vs. Potta Sanyasi Rao and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Essential Commodities Act, 1955 - Sections 2, 3 and 5; Andhra Pradesh Tyres and Tubes Dealers' Licensing Order, 1973

Reported in : AIR1975SC2030; (1975)2SCC480; [1976]1SCR423; 1975(7)LC745(SC)

dated June 18, 1966, the Central Government in exercise of the powers conferred by Section 5 of the Essential Commodities Act, 1955 (briefly the Act) directed 'that the powers conferred on it by Sub-section (1) of Section 3 of the

Hindustan Feed Manufacturers Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 5, 3, 2, 2(a); Constitution Of India - Article 226

Reported in : 1995Supp(1)SCC273

JJ.1. The State of Punjab, in exercise of the powers delegated to it under Section 5 of the Essential Commodities Act, 1955 (the Act), promulgated the Punjab Regulation of Compounded Feed Concentrates and Mineral Mixtures Order, 1988 (the Order). The

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

Court : Supreme Court of India

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 exported