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Jan 10 1972

The Saraswati Industrial Syndicate Ltd. Vs. Union of India

Court : Delhi

Decided on : Jan-10-1972

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3(2) and 3(3); Constitution of India - Article 19(1)

Reported in : AIR1972Delhi159

is an essential commodity. Parliament has, thereforee empowered the Central Government under sub-section (1) of Section 3 of the Essential Commodities Act, 1955 (hereinafter called the Act) to promulgate Orders to provide for regulating or prohibiting the production, supply and distribution … the presumption about the validity of law, unless proved otherwise would be in favor of such statute - Section 13: [Altamas Kabir & Cyriac Joseph,JJ] Custody of child - Welfare of child vis--vis comity of Courts - The

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May 24 2000

Kailash Nath Goel Vs. Union of India and Others

Court : Allahabad

Decided on : May-24-2000

Subject : Criminal

Acts : Code of Civil Procedure (CPC), 1908 - Order XLVII, Rules 1 and 2; Constitution of India - Article 226; National Security Act, 1980 - Sections 3 and 3(2); Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 - Sections 3 and 3(1); Essential Commodities Act, 1955 - Sections 2; Drugs and Cosmetics Act, 1940 - Sections 3, 8, 9, 9(A), 9(B), 12, 12(2), 13, 16, 17, 17(A) and 17(B); Indian Penal Code (IPC), 1860 - Sections 273 and 274

Reported in : 2000(4)AWC3001; 2001CriLJ333

that the drugs as defined, has been included as one of the essential commodities under Section 2(a)(iv-a) of the Essential Commodities Act, 1955. As drugs are essential commodities and their production, supply anddistribution and trade and commerce is controlled by the … make Rules. Sub-section (2) of Section 12 deals with various matters on which these Rules can be framed. Section 13 of this Act defines offences.6. Chapter IV of this Act deals with manufacture, sale and distribution of drugs

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Jun 17 2002

Sri Pankaj Kumar Tibrewal Vs. Government of Orissa, Represented Throug ...

Court : Orissa

Decided on : Jun-17-2002

Subject : CriminalConstitution

Acts : Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 - Sections 3(2); Orissa Kerosene Control Order, 1962; Constitution of India - Article 22(5)

Reported in : 94(2002)CLT233

wholesale licensee under the Orissa Kerosene Control Order, 1962 made by the State Government under Section 3 of the Essential Commodities Act, 1955. On 11.3.2002, the District Magistrate, Sundargarh in exercise of his powers conferred in Subsection (2)(a) of Section 3 … the Orissa Kerosene Control Order, 1962. Pursuant to the said order of detention the petitioner was detained on 13.3.2002. The grounds of detention were prepared and signed by the District Magistrate, Sundargarh on 15.3.2002 and served on

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Apr 25 2002

D. Venkatramulu Vs. Inspector of Police, Vccsd

Court : Andhra Pradesh

Decided on : Apr-25-2002

Subject : Commercial

Acts : Motor Spirit and High Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998; Andhra Pradesh Petroleum Products (Licensing and Regulation of Supply) Order, 1980; Essential Commodities Act, 1955 - Sections 7 and 8

Reported in : 2002(5)ALD682; 2002(2)ALT(Cri)198

5 and 6(i) of the Licence issued under A.P. Control Order read with Sections 7 and 8 of the Essential Commodities Act, 1955 (for short 'the Act'). Thereafter, the respondent registered a crime against the petitioner in F.I.R. No. 61/VC.MBNR/2000 on … Control Order') and conditions 2, 5 and 6(i) of the Licence issued under A.P. Control Order read with Sections 7 and 8 of the Essential Commodities Act, 1955 (for short 'the Act'). Thereafter, the respondent registered a … not competent to file FIR.3. The petitioner filed this writ petition on 13-7-2000. This Court, while ordering notice before admission, directed the learned Government Pleader

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Sep 16 1996

Tarsem Singh Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Sep-16-1996

Subject : ConstitutionCivil

Acts : Fertilizer Control Order, 1985; Fertilizer Control Regulations - Regulation 19; Essential Commodities Act, 1950 - Sections 3(1); Constitution of India - Article 21

Reported in : (1997)115PLR34

758(E) dated 25.9.1985, issued by the Ministry of Agriculture and Rural Development, New Delhi, under section 3(1) of the Essential Commodities Act, 1955, and called 'Fertilizer (Control) Order, 1985, as illegal, ultra vires of the Constitution, and the petitioner further prayed … has also been pleaded that such provisions existed in every enactment, like Section 24(3) of the Insecticides Act, Section 13(2) of the Prevention of Food Adulteration Act, and Section 25(3) of the Drugs and Cosmetics Act. With the

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Jan 03 2007

T. Deveswar Reddy, Area Manager, Nagarjuna Fertilizers Chemicals Ltd. ...

Court : Andhra Pradesh

Decided on : Jan-03-2007

Subject : Criminal

Acts : Essential Commodities Act, 1955 - Sections 7(1) and 13(2); Prevention of Food Adulteration Act; Land Acquisition Act - Sections 9, 11 and 25; Prevention of Food Adulteration Rules, 1955 - Rule 7(3); Fertilizer (Control) Order, 1985; Code of Criminal Procedure (CrPC) - Sections 482; Constitution of India - Articles 14 and 21

Reported in : 2007CriLJ2996

of Clause 19 of Fertilizer (Control) Order, 1985 (for short 'the Control Order') punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 (for short 'the Act'), have prayed for quashing of the proceedings on the ground that non-supply of the … of investigation on the basis of which the prosecution has to be launched. No doubt, Sub-section (2) of Section 13 of the Act confers valuable right on the accused under which provision the accused can make an application

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Dec 18 2006

Employees State Insurance Corporation Rep. by Its Deputy Director Vs. ...

Court : Karnataka

Decided on : Dec-18-2006

Subject : Criminal

Acts : Employees State Insurance Act - Sections 2(17), 8(1), 25, 39, 85(1) and 93; Essential Commodities Act, 1955 - Sections 3 and 10; Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 13 and 14AC; Code of Criminal Procedure (CrPC) , 1973 - Sections 200, 378(4) and 378(5); General Regulation, 1950 - Regulation 31, 39 and 40; Indian Penal Code (IPC) - Sections 21

Reported in : [2008(119)FLR1003; 2008(6)KLJ266; 2008(1)AIRKarR544; 2008CriLjNOC323; 2008LabIC(NOC)344(Kar)

of Sheoratan Agarwal And Anr. v. State of Madhya Pradesh : [1985]1SCR719 wherein, it has been held thus:Essential Commodities Act (10 off 1955), Sections 3, 10-Offences by companies - Separate prosecution of person-in-charge or officer of company without … Section 378(4) - Present application appeal against acquittal not having been filed by complainant, i.e., Inspector appointed under Section 13 of the Act, is not maintainable.14. Having heard the arguments of the learned Counsel appearing on both sides,

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Nov 26 1973

Shree Meenakshi Mills Ltd. Vs. Union of India (Uoi)

Court : Supreme Court of India

Decided on : Nov-26-1973

Subject : Constitution

Acts : Cotton Textiles (Control) Order, 1948; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3; Essential Commodities Act, 1955 - Sections 2; Constitution of India - Articles 14, 19(1), 301 and 358

Reported in : AIR1974SC366; (1974)1SCC468; [1974]2SCR398

continued in force either under Section 16 of the Essential Commodities Ordinance 1955 or under Section 16(2) of the Essential Commodities Act, 1955 hereinafter referred to as the 1955 Act as cotton yarn is not covered by the item 'Cotton and … Ray, C.J.1. The petitioners challenged Notifications No. CER/3/73 dated 13 March, 1973 and CER/16/73 dated 13 March, 1973 described as the first and the second impugned notifications.2. There

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Sep 29 1961

Mannalal JaIn Vs. the State of Assam and ors.

Court : Supreme Court of India

Decided on : Sep-29-1961

Subject : Commercial

Acts : Essential Commodities Act, 1955; Assam Foodgrains (Licensing and Control) Order, 1960; Assam Foodgrains (Licensing and Control) (Amendment) Order, 1961

Reported in : AIR1962SC386; [1962]3SCR936

in rice and paddy in the district of Kamrup in the State of Assam. In 1955 was enacted the Essential Commodities Act, 1955 (Act 10 of 1955). In exercise of the powers conferred by section 3 of the said Act, read … one Mannalal Jain was originally filed on October 17, 1960, and the order complained of was dated September 13, 1960. This was an order made by the Deputy Commissioner, Kamrup, Gauhati, rejecting an application made by the

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Sep 14 1986

The Rahuri Sahakari Sakhar Karkhana Ltd. and anr. Vs. State of Maharas ...

Court : Mumbai

Decided on : Sep-14-1986

Subject : Constitution

Acts : Essential Commodities Act, 1955 - Sections 3, 5 and 6; Sugrame (Control) Order, 1966; Constitution of India - Articles 39, 31C, 14, 13 and 19(I)C, 19 (G), 246, 254 and 367; Industries (Development and Regulation) Act, 1951 - Sections 18-G; Maharashtra Sugar Factories (Resevation of Areas and Regulation of Crusing and Sugarcane Supply) Order, 1984

Reported in : AIR1987Bom248; (1987)1BOMLR168

learned Counsel appearing for thepetitioners that Art. 31C is not retrospective in nature and therefore the provisions of the Essential Commodities Act, 1955 are not covered by Art. 31C. The Essential Commodities Act is a controlled legislation andit is used intimes … the relevant provisions of the Act and the Order issued by the Central government on 16th July. 1966. Section 3 of the Essential Commodities Act confers powers up the Central Government toissue anorder tocontrol production supply distribution … issue thelicence or of revoking thepermit or forfeiting thesecurity deposit etc. Clause 13 deals with the power of the Director Of sugar in respect of

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