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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 … S.S. Parkar, J.1. The appellant convicted under Section 6(3) and (4) of the Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 read with Section 3

Rhombic Laboratory and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Subject : Criminal

Acts : Essential Commodities Act - Sections 3, 7, 11 and 12(AA)(1); Drugs (Price Control) Order, 1987; Drugs (Price Control), Order, 1995; General Clauses Act - Sections 6; Drugs and Cosmetics Act, 1940; Bombay Agriculture Debtors Relief Act, 1939; Essential Commodities (Special Provision) Act, 1981 - Sections 12(AA)(1); Essential Commodities Act, 1955; Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 173 and 374; Indian Penal Code (IPC) - Sections 21

Reported in : 2007CriLJ2517; (2008)1GLR80

Commodities Act. Paragraph 26 of the Order refers the penalty and so also about application of provisions of Essential Commodities Act, 1955. The legislature ought not to have missed the aspect and the effect of Section 12(AA)(1)(e) of the Essential … starts with an non-obstante clause. This clause should be read and interpreted in the background of scheme of Section 6 of the General Clauses Act. Of course, different drug price control Orders have been introduced. However, the status

Hindustan Aluminium Corporation Ltd. Vs. Controller of Aluminium and o ...

Court : Delhi

Subject : Excise

Acts : Essential Commodities Act, 1955 - Sections 6(A); Aluminium (Control) Order, 1970; Constitution of India - Article 226;

Reported in : AIR1976Delhi225; ILR1976Delhi336

length.(3) The facts leading to this petition may now be noticed. Aluminimn is an essential commodity under the Essential Commodities Act, 1955 (hereinafter called the Act). Under the said Act the Central Government made an order called the Aluminium (Central) … 226--Alternative remedy--order of seizure under clause 9 of the Control Order--Aluminium (Control) Order (1970) clause 10 & 11--Essential Commodities Act (1955), Section 6(A).; That clauses 10 and 11 of the Control Order do not seem to provide for any appeal

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 … Penal Code and Section 3 of the Prevention of Damage to Public Property Act 1984. By virtue of Section 6 of the Essential Commodities Act the orders made under the E.C. Act has over riding effect on all

Shrijee Trading Company and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Subject : ConstitutionCommercial

Acts : Constitution of India - Articles 14, 19(1) and 19(6); Essential Commodities Act, 1955 - Sections 3; Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993; Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981; Gujarat Essential Articles (Licensing, Control and Stock Declaration) (Amendment) Order, 2002

Reported in : (2003)3GLR2331; (2003)4GLR950

a mere executive instruction since it was issued in exercise of the powers under Sec. 3(1) of the Essential Commodities Act. 1955. The impugned notification dated 31-7-2002, at Annexure 'A' to the affidavit-in-reply, was issued pursuant to the said Amendment … earlier 'three tier' system. It is stated that the P.D.S. kerosene is meant for the downtrodden and weaker sections of the society and the Government was spending a huge amount of subsidy for P.D.S. kerosene for giving … In the affidavit-in-reply filed on behalf of the respondent No. 1 dated 6th September, 2002, it was contended that, on the basis of the facts

The State Vs. Karna and ors.

Court : Rajasthan

Subject : Criminal

Reported in : 1973CriLJ1871; 1973()WLN365

Jora and Navla were tried by the Sub-Divisional Magistrate, Bhinmal, for an offence under Sections 3/7 of the Essential Commodities Act, 1955 read with the Rajasthan Foodgrains (Restrictions on Border Movement) Order, 1959 and each of them was convicted under … J.1. The respondents Karna, Jora and Navla were tried by the Sub-Divisional Magistrate, Bhinmal, for an offence under Sections 3/7 of the Essential Commodities Act, 1955 read with the Rajasthan Foodgrains (Restrictions on Border Movement) Order, 1959 … 3 Bishen-singh, P. W. 4 Bhanwarsingh, P. W. 5 Mohan, P. W. 6 Bhima, P. W. 7 Jagatsingh and P. W. 8 Kishandas that the

Saptagiri Auto Investments Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Civil

Acts : Essential Commodities Act, 1955 - Sections 6-B; Code of Civil Procedure (CPC), 1908 - Sections 9 and 80; Indian Partnership Act, 1932; Andhra Pradesh Forest Act, 1967

Reported in : 2000(1)ALD306

was involved in an illegal transport of essential commodities it was validly seized under Section 6-A of the Essential Commodities Act, 1955. It is their contention that even though there is a valid hire purchase agreement the person in possession

ibp Co. Ltd., Divisional Manager Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 6(C); Gujarat Essential Articles (Licensing, Control & Stock Declaration) Order, 1981; Petroleum Act; Petroleum Rules - Rules 2, 2(1), 3 and 3(1); Companies Act, 1956

Reported in : (2005)2GLR1739

same shall be refunded to the petitioner. Rule is made absolute in above terms. Criminal - confiscation - Section 6(C) of Essential Commodities Act, 1955, Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981, Petroleum Act, … ld. Addl. Sessions Judge, Mehsana in Cri. Appeal No. 36/2001 preferred by the petitioner under Sec.6(C) of the Essential Commodities Act, 1955.2. The petitioner company has alleged that the petitioner company is regulated by Oil Board of India and is

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

Court : Kerala

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 … mills owned by theapvellants.6. The submission of the learned Counsel appearing for the appellants was that clauses 3. 6 and 7 of the impugned Order directly affect the mill owners from carrying on the hulling of paddy

Md. EThe ShamuddIn Vs. Joint Collector (Civil Supplies), Rr Dist., Hyd ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3, 6-C, 7, 11 and 12-A; Essential Commodities (Amendment) Ordinance, 1998; Constitution of India - Article 123; Essential Commodities (Special Provisions) Continuance Act, 1987; Essential Commodities (Special Provisions) Amendment Act, 1993; Code of Criminal Procedure (CrPC) , 1973 - Sections 9(3); Essential Commodities (Special Provisions) Amendment Ordinance, 1997

Reported in : 2000(1)ALD472; 2000(2)ALT35

panchanama was conducted, a crime was registered as well on the complaint submitted, under Section 6-A of the Essential Commodities Act, 1955 (Act 10/55).2. The petitioner approached this Court in Writ Petition No.6624 of 1999 and obtained a direction for