Judgment Search Results Home > Cases Phrase: essential commodities act 1955 section 9 false statement Court: karnataka Page 1 of about 2,501 results (0.189 seconds)

H.K. Shivanna Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1997KAR1888

..... 7 of the essential commodities act, 1955, only when it is proved that he has contravened any 'order' made under s. ..... 7 of the essential commodities act 1955 and within my cognizance.' 16 ..... 3 and 7 of the essential commodities act (hereinafter in brief referred to as e.c ..... 3 and 7 of the essential commodities act, read with sec. ..... 7 of the essential commodities act unless it is proved that the person has contravened an order under s ..... 3 of the essential commodities act to base the conviction under s ..... 3 of the essential commodities act. ..... the purpose of affecting the punishment which the court may think fit to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the court may add it at any time before sentence is passed. ..... that provision as above makes it crystal clear that the law and the section of law against which the offence is said to have been committed shall be mentioned in the charge (emphasis supplied by me) ..... the last case she had placed reliance is : 1972crilj874 on the point that the probation of offenders act is equally applicable to the case in hand, probably she was not certain as to the result of the case in favour of the appellant, in view of the fact that the evidence on record well established by the prosecution the guilt of ..... act is only a penal section. ..... (4) the law and section of the law against which the offence is said to have been committed shall be mentioned in the charge .....

C Ramalingaiah Vs. State Of Karnataka

Court : Karnataka

..... the police have also registered the case and investigated the matter and filed the charge sheet for the offence under sections 3 and 7 of the essential commodities act, 1955 ( the ec act for short) and order 3(1)(a)(b)(c) of liquefied petroleum gas (regulation of supply and distribution) order, 2000 ( the lpg order, 2000 ..... the delay in sending the report and non compliance of section 6a and 6b of the ec act also can be raised before the trial court since the same amounts to mixed question of ..... truthfulness of statement of these witnesses cannot be ascertained in a proceeding under section 482 of ..... trial court, the learned judge while taking the cognizance perused the prosecution papers and formed an opinion that prima facie shows that accused has committed the offences punishable under sections 3 and 7 of the ec act and order 3(1)(a)(b)(c) of the lpg order, 2000. ..... is evident that the fir dated 30.01.2018 was prepared at the instance of some person and the statements therein are not true. ..... merely because of photographs are produced in this proceeding, whether the illegal act of refilling work was taken place or not 10 cannot be decided ..... order this petition is filed under section 482 of cr.p.c, praying this court to quash the fir in crime no.48/2018 and the charge sheet in c.c.no.1018/2019 on the ..... appearing for the petitioner in her arguments, she vehemently contends that a false case has been registered against the petitioner herein for non-compliance of section 154 of cr.p.c. .....

Sri Prasanna Parvathamba Vaidyanatheshwara Trust Vs. M.S. Radhakrishna ...

Court : Karnataka

Reported in : 2003(4)KarLJ479

..... court, as the case may be, the court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up'.if no written statement is filed within 90 days, the code mandates that the court shall pronounce judgment against him or make such order as the court thinks fit.6. ..... ---the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence: provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall hot be ..... rules 1, 9 and 10 of order 8 would indicate that rule 9 in extraordinary cases gives the court judicial discretion to permit the defendant to file a written statement within the outer span of 30 days from the date of passing the order for reasons recorded in writing.16. ..... without considering the provisions of order 8, rule 9 of the code passed the impugned order dated 7-1-2003 rejecting the interim appeal filed under section 151 of the code. ..... the civil procedure code amendment act, 2002 came into force on 1st ..... under the bona fide belief that the amendment act will have prospective effect. ..... before the civil procedure code (amendment) act came into force. ..... to the code of civil procedure reviewing order 8, rule 9 by central act 22 of 2002. .....

Gowri Industries Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR3153; 1993(4)KarLJ604

..... .'an earlier decision rendered in connection with the challenge to the price fixed, governing sugar under the provisions of section 3(3c) of the essential commodities act, 1955 in anakapalle's case, : [1973]2scr882 was referred to in this connection ..... ., : [1990]1scr909 supreme court was considering the validity of the price fixed for 'levy sugar' under section 3(3c) of the essential commodities act, 1955 ..... . in ongc case, ongc fixed the price for the supply of its goods on the basis of 'alternative fuel cost', while in the case of sugar, price taxation was guided by section 3(3c) of the essential commodities act ..... . object behind the fixation of price under the essential commodities act is the 'maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices or for securing any essential commodity for the defence of india etc.. ..... it is also asserted in the statement of objections that the price fixation in question is an exercise of power for regulating, distribution and supply of the article and that rectified spirit is the raw material for the manufacture of arrack and arrack is manufactured by adding ..... . state's objection statement is silent as to the anticipated downfall in the price of molasses and the average price of molasses for the year ..... the following statement in the pleadings of the respondents also is relevant;'.... ..... it is not necessary to refer to other statements in this circular. .....

Ramappa Bhimappa Kulgod and ors. Vs. Union of India and ors.

Court : Karnataka

Reported in : AIR1975Kant215; ILR1976KAR80; 1975(2)KarLJ359

..... section 3(1) of the essential commodities act, 1955 which is in pari materia with section 3(1) of the essential supplies (temporary powers) act, 1946, reads as follows:--'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 ..... and 2 which is sworn to by an officer working in the office of the textile commissioner, it is stated as follows :--'i say that both under the essential supplies (temporary powers) act 1946 and the essential commodities act, 1955, the central government were, and are, empowered to make orders to provide for prohibiting or regulating the production, supply and distribution of any essential commodity which in the present case is cotton textiles and trade and commerce therein so far as it appears to the central government to be necessary or expedient ..... was replaced by the essential commodities act, 1955. ..... section 3 of the said act provided that the central government so far as it appeared to be necessary for maintaining or increasing the supply of any essential commodity or for securing its equitable distribution and availability at fair price might by a notified order provide for regulating or prohibiting its production, supply and distribution and trade and .....

B.G. Sathyanarayana Setty Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR1097; 1993(1)KarLJ573

..... was charged having committed an offence under' section 7 of the essential commodities act, 1955 (shortly 'the act'), having contravened the provisions of clause-3 ..... the order at para 7, the supreme court held: 'in dealing with the question as to whether the respondent is guilty under section 7 of the essential commodities act, it is necessary to decide whether he can be said to be a dealer within the meaning of clause 3 of the order ..... such evidence the prosecution cannot succeed by relying on section 14 of the essential commodities act.' 13. ..... that before a person can be said to be a dealer it must be shown that he carries on business of purchase or sale or storage for sale of any of the commodities specified in the schedule, and that the sale must be in quantity of 100 mds, or more at any one time. ..... the term 'dealer' has been defined under section 2(g) of the order as follows: 'dealer' means the person engaged in the business of purchase, sale or storage for sale of any edible oils whether or not in conjunction with any other business and includes his ..... ' if we read the definition of 'dealer' under section 2(g) and prohibition to carry on the business under clause-3, conjunctively, the logical conclusion is that no dealer shall carry on business in edible oils, the stock of which, exceeding 5 quintals, without a valid licence issued ..... the prosecution should prove that the storage of articles is with a view to carry on business as a dealer as defined under section 2(g) of the order. 16. .....

Ramappa Bhimappa Kulgod and ors. Vs. the Union of India, New Delhi and ...

Court : Karnataka

Reported in : AIR1977Kant100; ILR1977KAR485; 1977(1)KarLJ187

..... learned judge continued:'under these circumstances, it is inherent in the object for which the cotton textile (control) order was promulgated in the first place and continued under the essential commodities act, 1955 and the object for which the power was conferred on the textile commissioner to issue directions under clause 20 was to secure cotton textile at fair price for the general ..... continued from time to time, until the essential commodities ordinance i of 1955 was promulgated which was later replaced by the essential commodities act, 1955 (act no. ..... the essential commodities act, 1955. ..... . under the essential commodities act, the legislature has declared its decision that the commodities in question are essential for maintenance ..... essential commodities ..... . the requirements of the general public go on changing from time to time regarding each essential commodity and in view of these changing circumstances the power conferred upon the textile commissioner for issuing directions has been coupled with the duty to specify the period during which the ..... xxiv of 1946, called, the essential supplies (temporary powers) act, 1946 re-enacting the provisions of the ordinance.section 3 of the act provided, inter alia, that the central government, so far as it appears to it necessary or expedient for ..... . x of 1955, as these sections does not suffer from ..... sections 3 and 4 of act ..... under this section, the central government was authorised to direct by notified order that the power to .....

Syed Ahmed Vs. State of Karnataka and anr.

Court : Karnataka

Reported in : 1982(2)KarLJ441

..... it is not dispute before this court that the order passed by the deputy commissioner, uttar kannada district was an order purported to be one under section 6a of the essential commodities act of 1955. ..... and submitted proposals to the higher authorities under section 6a of the essential commodities act (which will hereinafter be referred to as the act) and also prayed that the seized stock may be disposed to as it is a perishable commodity. ..... what is provided under the said act is, the one as contemplated under section 6c of the act against an order passed under s. ..... in this behalf, therefore, there is no merit in the contention of the learned counsel that there is illegality in the impugned order and hence the finding of the sessions judge that no appeal lies against an order passed under section 6a(2) of the act cannot be interfered with. 5. ..... the order passed by the deputy commissioner is an order already stated under section 6a(2) of the act. ..... there is no provision of law provided under the act either to prefer an appeal or a revision against such an order. ..... 6c of the act, and if that is so by implication it cannot be read what not intended by the legislature. ..... 6a(2) of the act is also appealable under s. ..... 6a of the act with regard to confiscation etc. ..... 6a(2) of the act. ..... the deputy commissioner has passed a preliminary order under the act. .....

Karabasappa and Others Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR2001KAR380; 2001(1)KarLJ282

..... the state government, in exercise of its powers conferred under section 5 of the essential commodities act, 1955 ('act' for short), has made karnataka essential commodities (public distribution system) control order, 1992 to regulate the distribution of essential commodities (rice, wheat, wheat products, sugar, edible oil and kerosene). ..... this court observed thus: 'the licencing order, as well as the pds control order, are made by the state government in exercise of the powers delegated to it under the provisions of the essential commodities act, 1955. ..... a conjoint regarding of the licensing order and pds control order, therefore make it clear: (a) that persons who deal in essential commodities (other than the essential commodities which are issued under the public distribution system for distribution to ration card holders) require a licence under the essential commodities licensing order; (b) persons who run fair price depots exclusively distributing essential commodities issued under the public distribution system from the state, to ration card holders require only an authorisation ..... fcs 589 dra 96, dated 30-12-1996 (gazetted on 27-3-1997) by which the definition of 'public distribution system' under clause 2(1) was amended to mean a scheme of distribution system through which the state government distributes essential commodities specified in the schedule appended to the order, to the ration card holders through the fair price depots at a fair price fixed by the government. .....

State of Karnataka Vs. H. Sadananda Shetty

Court : Karnataka

Reported in : ILR1991KAR1993

..... of the contentions urged on behalf of both sides, the following points arise for consideration:1) whether the system of distribution of foodgrains evolved by the state government through fair price shops to the card-holders falls under section 3(3) of the essential commodities act, 1955 and/or under the karnataka essential commodities licensing order 1986 or it is framed in exercise of its executive powers under article 162 of the constitution?2) whether the powers and functions of the state government to distribute fair price ..... in all the above writ petitions, the subject matter was as to whether the scheme evolved by the state government for the purpose of distribution of foodgrains through fair price shops was under the provisions of section 3(3) of the essential commodities act, 1955 (hereinafter referred to as the 'act') and the order issued thereunder viz. ..... of 1989 and for the state in other writ appeals, that the order issued under section 3 of the essential commodities act, namely the kamataka essential commodities licensing order 1986, does not cover the distribution of foodgrains through fair price shops and granting of authorisation to persons to distribute fair price commodities including food grains to card-holders; that inspite of the provisions contained in section 3 of the essential commodities act, it is still open to the state government to formulate a scheme for distribution of foodgrains and other .....