Judgment Search Results Home > Cases Phrase: essential commodities act 1955 section 9 false statement Court: karnataka Page 8 of about 2,501 results (0.117 seconds)

A R Chandra Shekar S/O A.Ramappas. Vs. State of Karnataka by Honnalli ...

Court : Karnataka

..... accordingly, the tahsildar, filed a complaint on 25-1-2011 based on which, the police registered a case in crime no 22 of 201 1 for the offences punishable under sections 409 and 420 ipc and sections 3 and 7 of the essential commodities act. ..... at this stage it cannot be said that the allegations made in the complaint are all false and baseless or made with a view to harass the petitioner. ..... petition does not fall under any one of the circumstances laid down by the apex court in the case of state of haryana vs bhajan lal [air 1992 sc 604] under which high courts, in exercise of power under section 482 crpc, could quash criminal prosecution.5. ..... in this petition filed under section 482 crpc. ..... in the complaint, which are in turn based on the prima facie finding readied by the tahsildar on holding an inquiry as directed by the deputy commissioner, prima facie, indicates several violations committed by the petitioner herein and also acts of criminal breach of trust, misappropriation etc. ..... prima facie, found several violations and acts of criminal breach and misappropriation etc. ..... 1955 and took up investigation. .....

T.R. Ramaiah and ors. Vs. Deputy Commissioner, Chitradurga District an ...

Court : Karnataka

Reported in : AIR1975Kant77; ILR1974KAR711; 1974(2)KarLJ305

..... the matter arises in this way : on 18-12-1973, the tahsildar of hiriyur inspected the rice mill belonging to the second respondent and seized 2307 bags of paddy in exercise of the powers vested under the essential commodities act, 1955, hereinafter called the act. ..... the deputy commissioner, chitradurga, who is the authority empowered under the act to adjudicate confiscation, issued notice to the second respondent to show cause why the paddy seized should not be confiscated. ..... , it was dismissed on the ground that the act provides an adequate alternate remedy by way of appeal and therefore the writ petition is not maintainable. .....

G. Rajendra Vs. the Deputy Commissioner, Belgaum and ors.

Court : Karnataka

Reported in : AIR1985Kant118; 1985(1)KarLJ149

..... 6a of the essential commodities act (hereinafter referred to as the act), confiscating the seized 45 barrels of groundnut oil and further directing the same to be sold in public auction and the sale proceeds to be ..... (b) of the proviso would not be appropriate and, 'the knowledge of the party affected by the award, either actual or constructive, being an essential requirement of fair play and natural justice, the expression used in the proviso must mean the date when the award is either communicated to the party or is known by him ..... udayashankar submits that he may be granted time to file the statement of objections having regard to the allegations made by the petitioner. ..... scheme of the act, we think that knowledge of the award must mean knowledge of the essential contents of the ..... confiscation is pronounced in the presence of the party or his authorised representative or his counsel, the party will come to know of the contents of the order and it will satisfy the requirement of the section as it amounts to communication of actual order of confiscation. ..... relate to the essential contents of the ..... 18 of the land acquisition act, has held as follows:'as to ..... 6c(l) of the act as amended by central act 18 of 1981 reads as follows :-'any person aggrieved by an ..... 6c(l) of the act, means nothing but the communication of the actual order of confiscation and not a mere communication of the fact that an order of confiscation has been passed, if the order of confiscation is pronounced in the absence .....

Parasappa Nagappa Walikar Vs. Chandrawwa and ors.

Court : Karnataka

Reported in : AIR1975Kant87; ILR1974KAR671; 1974(2)KarLJ82

..... ' section 7 of the essential commodities act, a central act, was held to be a comprehensive code covering the entire field of punishment for offences under the act, graded according to the commodities and to the character of ..... property in which the male issues of the coparceners acquire an interest by birth.according to the pleading, the case of the plaintiffs is that baji was a statutory tenant and hence under section 21 (1) of the state act the wife and daughters of the deceased tenant are entitled to partition and sub-divide the land leased by virtue of the said statutory provision. ..... is direct conflict between the two provisions;(2) whether parliament intended to lay down an exhaustive code in respect of the subject-matter replacing the act of the state legislature; and(3) whether the law made by parliament and the law made by the state legislature occupy the same field. ..... item 18 of the state list of schedule vii of the constitution of india, and the hindu minority and guardianship act, 1956 having been enacted by parliament under the powers conferred on it under item 5 of the concurrent list, the state act should prevail over the central act as provided in clause (2) of article 254 of the constitution, since the state act had been reserved for consideration of the president and has received his assent. ..... state of bombay, : [1955]1scr799 and it was observed as follows: 'the important thing to consider with reference to this provision is whether the legislation is in respect of the .....

M/S. Shrei International Finance Limited, Bangalore Vs. M.G. Narayana ...

Court : Karnataka

Reported in : 1998(1)ALT(Cri)554; 1998CriLJ2220; ILR1998KAR2296; 1998(3)KarLJ169

..... an fir was issued by the concerned police against accused for an offence punishable under section 3 read with section 7 of the essential commodities act, 1955 on the allegation of the accused industry being found storing a large quantity of the said oil in violation of certain clauses ..... material documents on which complainant relies are taken for granted at their face value, they do not prima facie make out a case of commission of the alleged offences under sections 406 and 420, indian penal code by the accused since the vehicle in question was seized from complainant's possession and sold out to the third party by the accused ..... an enquiry as to reliability or genuineness or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice'.in swapan kumar's case, supra, the supreme court has laid down the following guiding principle in this regard:'on consideration of all the relevant materials the court has to ..... in the earlier decision in state of haryana v bhajanlal, at para 102 of its judgment it has listed out seven circumstances by way of illustration wherein power under section 482, criminal procedure code could be exercised to quash the investigation at the fir stage or the criminal proceedings before the court at the preliminary stage itself to secure the ends of justice. ..... the relevant statement or law contained therein which is material for .....

Meer Naveed Khan Vs. State by Gulpet Police, Kolar

Court : Karnataka

Reported in : ILR2001KAR4269; 2002(1)KarLJ102

..... 11 of 2000 before the learned magistrate on the charge of he having committed an offence punishable under section 7 read with section 3 of the essential commodities act, 1955 ('the act' for short), as he being the dealer in petrol, was found on 6-1-1988 at about 10.00 a.m. ..... -'2(d) 'malpractices' shall include the following acts of omission and commission in respect of motor spirit and high speed diesel: (i) adulteration, (ii) pilferage, (iii) stock variation, (iv) unauthorised exchange, (v) unauthorised purchase, (vi) unauthorised sale'. 5. .....

Shrenikraj and ors. Vs. Labour Officer and anr.

Court : Karnataka

Reported in : [1989]66CompCas334(Kar); ILR1986KAR2623; 1986(2)KarLJ309

..... their lordships of the supreme court, considering similar provisions in section 10 of the essential commodities, act, 1955, have observed that there is no statutory compulsion that the person in charge or an officer in charge of the company cannot be prosecuted unless he be ranged alongside the company itself; the company ..... that has a very important bearing on the propriety of the magistrate taking cognizance of an offence on that complaint; because section 29 of the act provides that if a person committing an offence under the act is a company (which as explained under the section also means any body corporate and includes a firm or other association of individuals), every person who, at the time the offence was committed, was in charge of and was ..... raikote, learned counsel for the accused-petitioners, argued that the firm being the employer under the provisions of the payment of bonus act, 1965, not only the prosecution against the partners alone was not maintainable, but on such complaints, in the form in which it has been made to the magistrate, ..... 1, the labour officer, who was duly authorised as provided under section 30 of the payment of bonus act, had made the said complaint alleging contravention of the particular rules regarding the ..... raichur sub-divisions, raichur, alleging contravention of rules 4(a), 4(b) and 4(c) of the payment of bonus rules, 1975, and consequent to the commission of an offence punishable under section 28 of the payment of bonus act, 1965, the jmfc. .....

Subbaiah Vs. State by Anekal Police

Court : Karnataka

Reported in : 2001CriLJ3163; 2001(4)KarLJ358

..... case i have noticed the aforesaid lapses on the part of the investigating agency, but in general, in my experience i have come across in several cases, the charge-sheets relating to scheduled castes and scheduled tribes (prevention of atrocities) act, narcotic drugs and psychotropic substances act, essential commodities act and for the prosecution under i.p.c. ..... are mentioned without invoking the aid of the provisions regarding sharing of common intention under section 34, common knowledge under section 35, abatement under section 107, sharing of common object envisaged for the offences under chapter viii of the i.p.c. ..... another glaring mistake noticeable is that the charge-sheet is filed beyond the period of limitation as envisaged under section 468 of the criminal procedure code the charge-sheet was filed on 30-7-1997 al-most 13 years after the incident. ..... ex facie, it discloses that the cognizance of the offence alleged cannot be taken in view of the provisions of section 468 of the criminal procedure code for the offences in question, as the charge-sheet should have been filed within one year.4. ..... therefore, it is appropriate for the investigation agency to file the charge-sheet invoking section 34 of the 1pc along with other substantial offences in the charge:sheet.3. ..... the petitioners are the accused and alleged to have committed the offences punishable under sections 341 and 323 of the indian penal code on 8-9-1994. ..... or for conspiracy under section 120(b) by the accused jointly. .....

Jayanthilal Dave S/O. Umesh Datta Dave Vs. State Assistant Drug Contro ...

Court : Karnataka

..... was charge sheeted alleging violation of para 16 and 20(3) of drugs (price control) order 1995, which is punishable under sections 7(1)(a)(ii) and 7 of the essential commodities act, 1995 and for those offences the appellant was tried before the 3rd additional cjm, mysore in c.c. no. ..... otherwise provided in sub-section (2) any person:(a) convicted on a trial held by a metropolitan magistrate or assistant sessions judge or magistrate of the first class, or of the second class, or(b) sentenced under section 325, or(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any magistrate,may appeal to the court of session.reading of sub-section (2) of section 374 cr.p.c. ..... judgment of acquittal passed by the sessions judge in exercise of appellate power under section 378(1)(a) of cr.p.c.reading of section 374, in my opinion, do not provide for such an appeal. ..... prior to the amendment of section 378 cr.p.c, by act 25 of 2005, state was required to file appeal before the high court against the original or appellate order of acquittal passed by any court other than high court, or an order of acquittal passed by the court of session ..... the act 25 of 2005, section 378 ..... of the above, i have examined the provisions of sections 374 and 378 of cr.p.c. ..... that stage, the learned counsel for the appellant filed memo seeking permission to convert this appeal into a revision petition, presumably on the assumption that no appeal lies under section 374(2) of cr.p.c. .....

Mrs. Shaila P. Prabhu Vs. Nagendra K. Mallya and anr.

Court : Karnataka

Reported in : I(2007)BC377; 2006CriLJ1554; 2006(3)KarLJ649

..... similar provisions are also incorporated in section 12 of the essential commodities act, section 36 of the drugs and cosmetics act and section 21 of the prevention of food adulteration act (these instances are only illustrative and ..... 1974), all offences under this chapter shall be tried by a judicial magistrate of the first class or by a metropolitan magistrate and the provisions of sections 262 to 265 (both inclusive) of the said code shall, as far as may be, apply to such trials :provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding ..... , it is relevant to mention here itself that section 143 of the negotiable instruments act is inserted by the negotiable instruments (amendment and miscellaneous provisions) act, 2002 with effect from 6-2-2003. ..... and section 143 of the negotiable instruments act that the metropolitan magistrate can also try the cases falling under section 138 of negotiable instruments act and that he has got jurisdiction to impose the sentence of ..... , it is beneficial to look into the provision of section 143(1) of the negotiable instruments act 1881, which reads thus :143. ..... act, the limitation stipulated in section ..... by the 19th additional chief metropolitan magistrate, bangalore by the judgment and order dated 28-10-2005 for the offence punishable under section 138 of the negotiable instruments act. .....