Judgment Search Results Home > Cases Phrase: essential commodities act 1955 section 9 false statement Page 1 of about 41,392 results (0.271 seconds)

Shouvik Exports Private Ltd. Vs. the Inspector General of Police, Dist ...

Court : Kolkata

Reported in : AIR2000Cal25,(2000)2CALLT291(HC)

..... this leaves us with the allegation of an offence having been committed by the petitioner company punishable under sections 463/465/ 488 ipc read with section 7(l)(a)(li) of the essential commodities act, 1955.here, too, except for a bald allegation that the petitioner company had committed such offences there is absolutely no material in the fir in support of such an ..... under section 463/465/468 1pc read with section 7(1)(a)(ii) of the essential commodities act, 1955, and the connected confiscation proceeding initiated under section 6a of the said act pursuant to the search and seizure effected on 23rd and 24th january, 1999, are ..... allegation is that the petitioner company had committed offences under sections 463/465/468 1pc read with section 7(1)(a)(ii) of the essential commodities act, 1955.36. ..... the alleged contravention of paragraph 5 of the amended provisions of the west bengal rice and paddy (control) order, 1997 and paragraph 7(2) thereof by storing without permit and also the commission of offences under sections 463/465/468 indian penal code read with section 7(1)(a)(ii) of the essential commodities act, 1955.14. mr. ..... as far as the first allegation is concerned, except for certain bald statement no details of any of the alleged clandestine and illegal dealings of the petitioner company have ..... also been alleged that the petitioner company had stored the rice in question in the railway wagons for the purpose of obtaining a transit permit therefor by using false documents.35. .....

Sham Lal Vs. State of Haryana

Court : Punjab and Haryana

Reported in : 2004CriLJ1665

..... this appeal has been filed by the accused challenging the judgment and order dated 23/25-4-1988, passed by the special judge (under essential commodities act), jind, convicting the accused-appellant under section 7 of the essential commodities act, 1955 for having contravened the provisions of fertilizer (control) order, 1985 and sentencing him to undergo ri for two years and to pay fine of rs. ..... it was prayed that a case be registered against the secretary of the co-operative credit and service society, rajpura under clause 19-c of the fertilizer (control) order, 1985 and section 7 of the essential commodities act, 1955, after registration of the aforesaid fir, on the basis of the aforesaid letter, the case was investigated by the police. ..... the accused was charged under section 7 of the essential commodities act, 1955, to which charge he pleaded not guilty and claimed to be tried. ..... it was further alleged that on 10-6-1986, the remaining 120 bags of fertilizer lying in the godown were sealed because fertilizer was an essential commodity. ..... thereafter, the statement of accused under section 313, cr. p.c. ..... , was recorded in which he denied the prosecution allegations against him and stated that he was innocent and had been falsely implicated in this case. .....

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

Court : Punjab and Haryana

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 ..... under section 3(1) of the essential commodities act, 1955, the central government has been empowered to regulate or prohibit the production, supply, distribution of/and trade and commerce in any essential commodities with a view to maintaining of increasing the supplies thereof and for securing their equitable distribution and availability at fair prices or for securing any essential commodities for the defence ..... in exercise of the powers under section 3(1) of the essential commodities act, 1955 (for short 'the act'), the central government issued the impugned notification dated 25.9.1985, which was published in the gazette of india, whereby 'the fertilizers control order ..... company purporting to be manufacturer of the fertiliser, which individual, firm or company is fictitious or does not exist;v) any fertiliser, the label or container whereof or anything accompanying therewith bears any statement which makes a false claim for the fertiliser or which is false or misleading in any material particular;vi) any substance as a fertiliser which substance is not, in fact, a fertiliser;orvii) any fertiliser without exhibiting the minimum guaranteed percentage by weight of plant ..... of written statements-one filed .....

Rajendra Sharma and anr. Vs. State of Bihar

Court : Patna

..... appellant rajendra sharma along with shankar dayal sah (dead) and prayag sah suffered conviction under section 7 of the essential commodities act, for violation of provisions of bihar trade articles (licenses unification) order, 1984 (hereinafter called as 'unification order') and while the appellant was sentenced to undergo rigorous imprisonment for a term of six months, shankar dayal sah ..... though circle officer says that consumers had filed their petitions before him with regard to maldistribution of essential commodities to them from the fair price shop of the appellant and also that their statements had been recorded, he would acknowledge that neither these petitions nor their statements recorded about maldistribution had been made available to the police, during investigation. ..... oil and sugar by the appellant from his fair price shop was concerned, neither substance of accusation explained to the appellant were explicit in terms, as to these allegations, nor the statement of the appellant recorded by the trial court was specific, as in his statement the appellant was made answerable by the trial judge only with regard to sale of 18 litres of kerosene oil in black market in shop and even though shankar sah, other appellant, allegedly ..... defence of the appellant had been that of innocence and he ascribed false implication by the circle officer at the instance of up mukhiya and sarpanch, for his failure to oblige circle officer to make payment of unauthorised toll.4. .....

State of Punjab and ors. Vs. Jawahar Lal Malhotra

Court : Punjab and Haryana

Reported in : 2002(1)ALD(Cri)867

..... per complaint made by the 4th respondent to the third respondent, prosecution against petitioner had been launched on the basis of complaint forwarded to the senior superintendent of police, ludhiana vide letter dated november 23, 1990 under section 7/12aa of the essential commodities act, 1955 (hereinafter referred to as the 'act of 1955'). ..... . from the over-whelming material that was available before the department, a finding has to be returned which would be in tune with the averments made in the written statement filed on behalf of the respondents 1 to 4 that petitioner was indeed dealing in ferrous sulphate and zinc sulphate, for which he had no authorisation ..... with regard to charge pertaining to petitioner having two godown without sanctioned licence, petitioner had specifically stated that the said charge was false and baseless and further complained against the lack of details on that behalf in the show case notice. ..... subsequently, he appeared before the chief agricultural officer, ludhiana for personal hearing and explained in detail the actual position and reiterated that for the reasons mentioned by him, shamsher singh had made a false and fabricated report alleging irregularities mentioned in the show cause notice. ..... he also explained the background leading to 4th respondent making false and fabricated report against him. ..... . 44 has not been controverted or found to be false in any of the impugned order .....

Baldoo Banshi Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1966MP273

..... the price payable to a dealer required to sell any wheat in compliance with an order made under clause 5 is one determined in accordance with sub-section (3a) of section 3 of the essential commodities act, 1955, and it is not the suggestion of the petitioners that under clause 6 a dealer was required to sell wheat at a price much lower than the ceiling price.13. ..... them and the quantity of wheat utilised according to them for sowing and other purposes, it was found that baldoo made a false declaration when he staled on 5th september 1965 that he had only 28 quintals of wheat, that mahendrapalsingh also made a false declaration that he had only 79 quintals of wheat, and according to the statements of stock of wheal and the wheal utilised made by him, he should have had with him on the dale of the search 55 quintals ..... clause 3 of the order provides that every dealer holding wheat in stock shall, on demand by the director, furnish to him a full correct statement of the stock of wheat held by him in the prescribed form. ..... not apply to him here, the seizure of wheat from each of the petitioners was made as the collector had reason to believe that they had committed a contravention of the order by failing to give a full and correct statement of the stock of wheat held by them. ..... by clause 3 every dealer holding wheat in stock is required on demand by the director to furnish to him a full and correct statement of the stock of wheat held by him. .....

A.Natarajan and ors. Vs. Assistant Director (Quality Control)

Court : Chennai

..... must be borne in mind that under section 3 of the essential commodities act, 1955, the central government promulgated the fertiliser control ..... in exercise of the powers conferred by section 3 of the essential commodities act, 1955, the central government made the fertilizer ..... of such order of suspension or cancellation, furnish to the controller also, besides sending the same to the person whose certificate has been suspended or cancelled, a detailed report about the nature of contravention committed and a brief statement of the reasons for such suspension or, as the case may be, cancellation: provided further that the controller, shall, in case of the order for suspension passed by the notified authority, on receipt of the detailed report ..... authorization letter or certificate is suspended, cancelled or the person is debarred from carrying on the business of fertiliser, the notified authority, registering authority, or as the case may be, the controller shall record a brief statement of the reasons for such suspension or, as the case may be, cancellation or debarment and furnish a copy thereof to the person whose certificate or authorization letter has been suspended or cancelled or business has been debarred ..... false entries and statement in stock register in violation of clause 25 of fco 1985 and section 9 of the ec act 1955 ..... transferred mop fertilizer from chennai port to a company by name sri chemicals, for industrial use, by manipulating their stock register with false entries. .....

Kanaiyalal Chimanlal Mody Vs. the State of Gujarat

Court : Gujarat

Reported in : 1970CriLJ541

..... under section 3 of the essential commodities act, 1955, if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. ..... thakore in that respect was that by reason of the provisions contained in section 9 of the act the accused would naturally be under the apprehension that if he gave any information which was false in materials particulars, he would be liable to punishment with imprisonment for a term which may extend to three years or fine or both and that, therefore, the statement which came to be recorded can be said to have been hit by section 24 of the act in the sense that he would be able to avoid any evil of a temporal ..... when such a statement is recorded by an officer appointed under the provisions of the act, it is not true to say that he was a police officer merely by reason of his having been given certain powers to enter, search and secure prohibited commodities from the premises, and gather information in respect thereof. ..... before we consider the effect arising from that statement, it is essential to see as to what it contains and whether on that basis alone, it can be said to be enough to hold him liable for the offence in question. .....

Jagmohan Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1996CriLJ2230

..... the order of conviction and sentence passed by the special judge, guna convicting the appellant under section 3/7 of the essential commodities act, 1955 and sentencing him to six month's r.i. ..... 3/86 convicting the appellant under section 3/7 of the essential commodities act, 1955 and sentencing him to six month's r.1. ..... khadya padarth (khan-paan) sthaiana dwara mulya pradarshan aadesh, 1983 read with section 3/7 of the essential commodities act, 1955.7. ..... what he has stated in para 2 of his statement is that:^^ftl izdkj oks ewy; lwph fkhmldh gwcgw udy iz-ih- 2 gs a ewy; lwph ds fy;s oklro esa dksbz fu;r izksqkekzugh gs fu;r izk:i ls ewy; lwph u gksus dk vk{ksi esus xyr mbk;k gs a** in view of this statement of the star witness of the prosecution, there is no contravention.9. ..... food inspector in para 2 of his statement has stated that ex.p/2 is the same copy of the price-list which was exhibited at the shop of the appellant. ..... the accused-appellant pleaded not guilty and contended false implication.4. .....

Dinesh Gupata and Another Vs. The State of M. P. (Now C.G.)

Court : Chhattisgarh

..... the judgment of conviction and sentence dated 26/08/1998 passed by the special judge, raipur in special criminal case no.1/98 whereby learned special judge convicted the appellant under section 3/7 of the essential commodities act, 1955 (henceforth, act, 1955) for committing violation of clause 3 (1)(c) and clause 6(1)(c) of the liquefied petroleum gas (regulation of supply and distribution) order 1993 (henceforth, order 1993). ..... (regulation of supply and distribution) order 1993 has been made in exercise of powers conferred by section 3 of the essential commodities act, 1955. ..... section 7(1)(a)(ii) of the essential commodities act provides that for any adequate or special reason to be mentioned in the judgment, the court may impose a sentence of imprisonment for a ..... argued that seizure of the brass pressure regulator is not proved because the independent witnesses have not fully supported the prosecution but on a reading of the statement of (pw-3) narendra shrivastava and (pw-4) sunil kumar gupta it would appear that both the witnesses have admitted their signature in the raiding panchnama and the seizure memo ..... the control order 1993 having not been made with reference to clause (h) or clause (i) of sub-section (2) of section 3, it carries minimum sentence of 3 months, however, as stated above, less than minimum sentence can ..... accused statement both the appellants admitted that the hotel belongs to them, however, they denied having committed any offence and pleaded false implication .....