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Sep 17 1986

State of Gujarat Vs. Mangal Traders

Court : Gujarat

Decided on : Sep-17-1986

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9, 11 and 115 - Order 39, Rules 1 and 2; Essential Commodities Act, 1955 - Sections 3, 6, 6C, 6E and 12; Gujarat Essential Articles (Licensing, Control and Stock Declaration) Order, 1981; Code of Criminal Procedure (CrPC) , 1974 - Sections 100 and 165; Constitution of India - Articles 226 and 227

Reported in : AIR1987Guj234; (1987)1GLR514

costs Throughout.45. Revision allowed. Civil - jurisdiction - Sections 3, 6, 6 C, 6 E and 12 of Essential Commodities Act, 1955 and Sections 9, 11, 115, Order 39 Rules 1 and 2 of Code of Civil Procedure, 1908 - … disposal or distribution of such property and the Court does not have such jurisdiction as expressly provided in Section 6E.14. Mr. Suresh M. Shah, learned Counsel for the opponents-plaintiffs has submitted that the search and seizure are absolutely

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Dec 17 2014

Vishnu Prasad Vaishnav Vs. State of Chhattisgarh

Court : Chhattisgarh

Decided on : Dec-17-2014

Subject : Land Acquisition

vehicle seized for violation of an order made in exercise of power conferred by Section 3 of the Essential Commodities Act, 1955 ? (2) The petitioner is registered owner of four wheeler bearing registration No. CG-04-J.D.-2238. The said vehicle has … by its impugned order dated 22nd November, 2014, concurred with the findings recorded by trial Magistrate holding that Section 6E of the EC Act, 1955 bars the jurisdiction of the Magistrate making order with regard to the disposal

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May 03 1990

Shambhu Dayal Agarwala Vs. State of West Bengal and anr.

Court : Supreme Court of India

Decided on : May-03-1990

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 6A, 6A(2), 6E, 7 and 7(1)

Reported in : (1991)1CALLT1(SC); 1990(2)Crimes665(SC); JT1990(2)SC314; (1990)3SCC549; [1990]2SCR987

Collector to whom a report of seizure of any essential commodity is made under Section 6A of the Essential Commodities Act, 1955 (hereinafter called 'the Act'), is empowered by virtue of Section 6E of the Act to release the goods

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Mar 28 1991

Achinta Kumar Saha Vs. State and anr.

Court : Kolkata

Decided on : Mar-28-1991

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 6A, 6E, 7 and 7(1); ;Code of Criminal Procedure (CrPC) , 1974 - Sections 4(2), 5 and 452; ;Constitution of India - Articles 226, 227, 323A and 323B

Reported in : 1992CriLJ3

amenable to our superintending jurisdiction under Article 227 while discharging his functions under Section 6 A of the Essential Commodities Act, 1955 in ordering confiscation of the essential commodities seized in pursuance of an Order made under Section 3 of … 3 of the Act. But the cleavage of opinion appears to centre round the question as to whether Section 6E, in providing that in respect of any essential commodity seised, 'the Collector... shall have, and notwithstanding anything to

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Apr 21 2008

Oma Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Decided on : Apr-21-2008

Subject : ConstitutionExcise

Acts : Rajasthan Excise Act, 1950 - Sections 4 to 9, 9A, 9B, 54, 57A, 57B, 69 and 69(4) to 69(9); Rajasthan Excise (Amendment) Ordinance, 2000 - Sections 54A; Rajasthan Excise (Amendment) Act, 2000; Indian Penal Code (IPC), 1860 - Sections 41; Evidence Act; Essential Commodities Act, 1955 - Sections 3, 6A, 6A(2), 6B, 6E and 7(1); Karnataka Excise Act, 1965 - Sections 43A and 43B; Tamil Nadu Excise Act, 1971 - Sections 4 and 14A; Uttar Pradesh Excise Act, 1910 - Sections 72; Andhra Pradesh Excise Act, 1968 - Sections 46 and 46A; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5, 9, 451 to 457 and 482; Constitution of India - Articles 14, 19, 20, 21, 226, 227, 246(3), 254, 300A and 301

Reported in : JT2008(6)SC290; 2008(7)SCALE158; (2008)5SCC502; 2008AIRSCW3595; 2008(5)SCC502; 2008(3)Supreme207; 2008(4)LH(SC)2575

Court had adopted a casual approach and its order was contrary to law. 13. Certain provisions of the Essential Commodities Act, 1955 have relevance. Section 6A deals with confiscation of food grains, edible oil seeds and edible oils. Section 6B … and edible oils. Section 6B deals with issue of show cause notice before confiscation of food grains etc. Section 6E deals with bar of jurisdiction in certain cases. Section 6E has been substituted to provide that except Collector

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Mar 23 2007

The Deputy Commissioner of Civil Supplies and the Assistant Commission ...

Court : Chennai

Decided on : Mar-23-2007

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 6A, 6B, 6C and 6E; Constitution of India - Article 226

Reported in : (2007)3MLJ196

the competent authority is invested with power to seize and confiscate essential commodity, under Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as 'Act'). Any animal, vehicle, vessel or any other conveyance used in carrying such essential … heard, pass such order as it may think fit, confirming, modifying or annulling the order appealed against. 8. Section 6E bar jurisdiction of courts in certain cases, but that do not take away the power of High Court

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Jan 20 2004

State of West Bengal and ors. Vs. Sujit Kumar Rana

Court : Supreme Court of India

Decided on : Jan-20-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Indian Forest Act, 1927 - Sections 2(3), 20, 29, 44(2A), 49(7), 50A to 59G, 62, 63, 67 and 68; Constitution of India - Articles 48A, 51A, 136, 226 and 300A; Code of Criminal Procedure (CrPC) , 1898; Essential Commodities Act, 1955 - Sections 6A(2), 6C, 6E and 7(1); Karnataka Forest Act, 1963

Reported in : AIR2004SC1851; 2004(2)ALD(Cri)258; (2004)3CALLT55(SC); [2004(4)JCR137(SC)]; JT2004(5)SC157; 2004(1)SCALE641; (2004)4SCC129

annulled under Section 59-A(4)(b) thereof. No provision has been made in the statute unlike Section 6-C of the Essential Commodities Act, 1955 to the effect that the confiscated property or the amount deposited' in the treasury pursuant to the auction … Anr. : [1990]2SCR987 , this Court interpreting subsection (2) of Section 6A of the Essential Commodities Act vis-a-vis Section 6E thereof, held that there could be no question of releasing the commodity in the sense of returning it

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Sep 30 1997

Mukesh and Etc. Etc. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Sep-30-1997

Subject : CriminalFood Adulteration

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1) 3(2) 3(4), 6A, 7, 7(1), 7(2), 7(2A), 8, 8A, 9, 11, 12A, 12A(1), 12A(2), 12AA, 12AA(1), 12AA (2), 12AC, 16A and 317; Essential Supplies (Temporary Powers) Act, 1946; Criminal Law Amendment Act, 1932; Criminal Law Amendment Act, 1952 - Sections 3A, 6(1) and 8A; Essential Commodities (Amendment) Act, 1964; Essential Commodities (Amendment) Act, 1967; Essential Commodities (Amendment) Act, 1971; Essential Commodities (Amendment) Act, 1974; Essential Commodities (Amendment) Act, 1976; Essential Commodities (Special Provisions) Act, 1981; Essential Commodities (Special Provisions) (Amendment) Act, 1987; Essential Commodities (Amendment) Act, 1986 - Sections 6E; Code of Criminal Procedure (CrPC) , 1973 - Sections 170, 173, 206, 206, 206(2)

Reported in : 1998CriLJ2439

contravened clauses 3 and 4 of Lubricating Oil and Greese Order 1987 punishable under Section 7 of the Essential Commodities Act 1955 (The Act). A police report under Section 170/173, Cr. P.C. was made against him to the Special Judge … awardable in a summary trial from one year to two years were made. By Act 42 of 1986 Section 6E debarring jurisdiction of the Courts from making orders with regards to possession, delivery, disposal or distribution of any

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Apr 27 1995

Maqbool Ansari Vs. State of Bihar and anr.

Court : Patna

Decided on : Apr-27-1995

Subject : Environment

Court in the case of Shambhu Dayal Agrawalla (supra) one has to look into the provisions of the Essential Commodities Act, 1955 and the facts and circumstances of the said case. While interpreting Section 6E of the said Act, their

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Aug 18 1998

Mukesh Kumar and ors. Vs. State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Aug-18-1998

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 6E; Code of Criminal Procedure (CrPC) , 1974 - Sections 561

Reported in : (1999)122PLR354

order have been given. Mr. Manchanda, Additional A.G. Haryana representing respondents in support of Annexure P-8 relies upon Section 6E of the Essential Commodities Act. The section aforesaid reads as follows:-'6E. Bar of jurisdiction in certain cases.- Whenever … to the Collector giving details of the FIR lodged and of invoking Sections 7, 10, 55 of the Essential Commodities Act. After receipt of the report by Collector, as referred to above, show cause notice was issued to the

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