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Dharamchand JaIn Vs. State of M.P.

Court : Madhya Pradesh

Subject : Civil

Acts : Essential Commodities Act, 1955 - Sections 3, 6A, 6B and 7; Evidence Act - Sections 65 and 66; Madhya Pradesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Order, 1991; Madhya Pradesh Scheduled Commodities Dealers (Licensing and Restriction on Hoarding) Rules

Reported in : 2002(5)MPHT371; 2002(2)MPLJ225

in excess was confiscated in favour of the State Government under the provisions of Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as the 'Act' for short), against which the appeal was filed and the same … of hearing was not given and the Confiscating Authority has not complied with the mandatory provisions of Sections 6A and 6B of the Act.3. On the other hand, learned Counsel for the State submitted that full opportunity was given

Collector of Ganjam and anr. Vs. Ramesh Chander Padhi

Court : Supreme Court of India

Subject : Civil

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

Reported in : 2009AIRSCW1469; AIR2009SC1850; JT2009(3)SC511; 2009(II)OLR(SC)143; 2009(2)SCALE267; 2009(2)LC614(SC); 2009(2)LHSC1241

of confiscation and directing the Collector, Ganjam to pass orders under second proviso to Section 6A(1) of the Essential Commodities Act, 1955 (in short the 'Act'). The writ petition was filed against the order dated 29.5.2006 of Collector, Ganjam … commodity for contravention of any order issued under Section 3. Further Section 6B provides for issuance of show-cause notice and the procedure for confiscation of … of each case.7. In Shambhu Dayal Agarwala v. State of W.B. : [1990]2SCR987 after considering the scheme of Sections 6A and 7 and dealing with the proviso (ii) to Sub-section (2) of Section 6A, this Court observed: … as well as kerosene were seized and a proceeding bearing EME No. 37 of 2004 was initiated against the respondent and another under Section 6A

Dhedhia Traders Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Reported in : 1995(3)WLC560; 1995(1)WLN372

thereof, after reduction of necessary expenses, shall be paid to the petitioner-firm, immediately. Essential Commodities Act, 1955 - Sections 3 & 6A--Confiscation of essential commodity--Two conditions for;A perusal of Section 6-A would make two things clear; that confiscation … of confiscation of 7 tins of mustard oil made by the Collector Jhunjhunu under Section 6A of the Essential Commodities Act, 1955 (hereinafter referred to as 'the Act') as confirmed in appeal under Section 6C of the Act by … business premises of the petitioner- firm. A show cause notice under Section 6B was issued by the Collector to the partners of the Finn for

Syed Zakir Ali and Etc. Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 6A, 6A(1), 6B, 6C and 7; Essential Commodities (Amendment) Act, 1995 - Sections 6A(1); Constitution of India - Article 226; Kerosene (Restriction on the Use and Fixation of Ceiling Prices) Order, 1993

Reported in : 2005CriLJ4085

legality of the order passed by the Additional Collector in exercise of powers Under Section 6-A(1) of the Essential Commodities Act, 1955 (for short called 'the Act') as to confiscation of goods' truck belonging to the petitioner is involved. … the order passed by the Additional Collector in exercise of powers Under Section 6-A(1) of the Essential Commodities Act, 1955 (for short called 'the Act') … v. State of Kerala, wherein it is held that it is clear from the express provisions in Section 6A and 6B of the Act, that before passing an order of confiscation, the concerned authority must be satisfied that there … involved, for the sake of convenience, the facts in Writ Petition No. 350 of 2005 are stated in brief. In the midnight of 16-8-2002, the

Oma Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

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 … with confiscation of food grains, edible oil seeds and edible oils. Section 6B deals with issue of show cause notice before confiscation of food grains … the Andhra Pradesh Excise Act, 1968. The provisions are in Sections 4 and 14A of the Tamil Nadu Act, Sections 43A and 43B of the Karnataka Act, Section 72 of the Uttar Pradesh Act and Sections 46 and … unconstitutional, arbitrary, unreasonable and violative of Articles 14, 19, 20, 21 and 301 of the Constitution. It was submitted that the powers conferred on judicial

Sandeep Agarwal (Shri) and anr. Vs. State

Court : Rajasthan

Subject : Motor Vehicles

Reported in : RLW2008(4)Raj3381

and upheld the order dated 24.7.2001 passed by Collector, Jhunjhunu in Case No. 100/2001 under Section 6A of Essential Commodities Act, 1955 (for short hereinafter referred to as 'the Act of 1955').2. Briefly stated, facts of the case are … set aside and the vehicle-Tanker may be released in favour of petitioner even considering the provisions of Section 6A and 6B of Act of 1955. In support of his submissions, he placed reliance on the judgment rendered by Calcutta … M.V. Act could be passed by the Tribunal. The provisions contained in Sections 163-A and 166 of Act provide for two different modes but the … K.S. Rathore, J.1. The petitioners preferred this criminal revision petition under Section 397 read with Section 401 of Code of Criminal Procedure against the order

Vijayalakshmi Oil Company Vs. Joint Collector and ors.

Court : Andhra Pradesh

Subject : Commercial

Acts : Andhra Pradesh Scheduled Commodities Dealers (Licensing and Distribution) Order, 1982; Pulses, Edible Oilseeds and Edible Oils (Storage Control) Order, 1977; Essential Commodities Act, 1955 - Sections 3, 6A and 6B; Constitution of India - Article 226

Reported in : 1999(6)ALT712

the Joint Collector, Khammam who is the competent authority Under Section 6A read with Section 6B of the Essential Commodities Act. Admittedly, the Joint Collector is seized of the matter.2. The present writ petition is filed questioning the seizure … seeds were seized. A report was filed before the Joint Collector, Khammam who is the competent authority Under Section 6A read with Section 6B of the Essential Commodities Act. Admittedly, the Joint Collector is seized of the … is to be remembered that these Control Orders were promulgated Under Section 3 of the Essential Commodities Act. In the definition of 'essential commodity', 'foodstuffs

Hukumchand Sahu Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 19(1), 21, 226 and 227; Madhya Pradesh Kerosene Dealers Licensing Order, 1979; Essential Commodities Act, 1955 - Sections 3, 6A, 6B and 6B(1)

Reported in : AIR2006MP97; 2006(1)MPHT413

be not forfeited and seized kerosene oil be not confiscated as per provision under Section 6A of the Essential Commodities Act, 1955 (for brevity 'the Act') and the matter be not sent to Court for prosecution. The petitioner was … petitioner, has also submitted that confiscation proceedings of seized essential commodity is an independent proceedings as envisaged under Sections 6A, 6B of the Act. For this purpose, an independent notice is required as per Section 6B(a) of … register, opening stock on 1-2-1996 was not written and closing stock on 31 -1 -1996 was shown 2540 litres. On asking the petitioner/Kerosene dealer, could

Rajiv Enterprises Vs. State of Punjab and anr.

Court : Punjab and Haryana

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1), 6, 6A, 6A(2), 6B, 7 and 10A; ;Consumer Protection Act, 1986; ;Code of Criminal Procedure (CrPC) , 1989 - Sections 102 and 103; ;Essential Commodities Act, 1995 - Sections 3(2) and 4

orders dated 06.10.2009 while exercising the powers conferred upon him under Section 6A of the Essential Commodities Act, 1955, ordered the confiscation of 6311 quintals … 50 kilograms each (total 3650 quintals) sugar was found stored illegally. For violation of Section 3(1) of the Essential Commodities Act was made out against Rajiv Kumar, who was owner of the sugar bags. Resultantly, FIR No. 139 dated … Kumar on 27.09.2009 and order of confiscation was passed on 06.09.2009. Section 6B of the Act requires that before passing order of confiscation, show cause … vessels or other conveyances in a court and for their sage custody pending such production:2) The provisions of Sections 102 and 103 of the Code of Criminal Procedure, 1989 (5 of 1998) relating to search and seizure

Vishnu Prasad Vaishnav Vs. State of Chhattisgarh

Court : Chhattisgarh

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 … EC Act, 1955 provides confiscation of essential commodities including vehicle etc; Section 6B of the EC Act, 1955 provides for issuance of show cause notice … 8 ), holding that the release order passed in favour of the respondents therein without regards to Section 6A and Section 6E of the EC Act, 1955 is improper. (19) In State (NCT of Delhi) Vs. Narender (JT … for consideration in this petition is whether the Magistrate has jurisdiction under Section 457 of the Code of Criminal Procedure to grant custody of vehicle