Judgment Search Results Home > Cases Phrase: essential commodities amendment act 2006 preamble 1 essential commodities amendment act 2006 Court: kolkata Page 1 of about 250 results (0.858 seconds)

State of West Bengal Vs. the Raymond Woolen Mills Ltd. and ors.

Court : Kolkata

Reported in : (1991)1CALLT63(HC),95CWN248

..... central order seeking to operate on the same field and that the state control order having been promulgated under section 3 of the essential commodities act, 1955 read with section 6 thereof, must prevail over the cement control order, 1967 as amended in 1982.32. on an interpretation of clause (i) of s.o. 681(e) dated november 30, 1974 we are constrained to ..... of its classification into levy and non-levy cement and secondly, the cement control order, 1967, and its amendment in 1982 were made by virtue of section 18(g) of the industries (development & regulation) act, 1951 and not under the essential commodities act. it was further contended by the appellants that virtual decontrol of non-levy cement under the provisions of the central control order .....

Jayantilal O'shah Vs. Chief Presidency Magistrate and Ors.

Court : Kolkata

Reported in : 1970CriLJ282

..... binding rule of conduct.in the present case the legislature has laid down such a principle and that principle is the maintainance or increase in supply of essential commodities and of securing equitable distribution and availability at fair prices. the principle is clear and offers sufficient guidance to the central government in exercising its powers under ..... calcutta and orissa, ordered the confiscation of 64 tollas 4 annas 3 pies of the seized gold under rule 126-m (2) (aa) of the defence of india (amendment) rules, 1963 for contravention of rule 126-h (2) (d) thereof. the petitioner preferred an appeal against the said order of the deputy collector, central excise, ..... itself and not through others. it cannot abdicate its legislative function and therefore, while entrusting power to an outside agency, it must see that such an agency acts as a subordinate agency and does not become a parallel legislature. the policy and principle must be laid down, but provided this is done and control is .....

Indian Tea Packeting Industries and anr. Vs. Union of India (Uoi) and ...

Court : Kolkata

Reported in : 1988(18)ECC180

..... -company amounted to 'manufacture' under the central excises and salt act as it stood prior to the impugned amendment act. etymologioally also such process means manufacturing process and whatever may be the operation, it is the effect of the operation on the commodity that is material for the purpose of determining whether the operation ..... the interpretation clause declares that they shall include, apart from observing that to have sanitary fittings, etc., in a bath room is one of the essential amenities or conveniences which are normally provided in any good hotel, in the present times. it is therefore incomprehensible how sanitary fittings can be said ..... deveining, cleaning and freezing, they do not cease to be shrimps, prawns and lobsters and become another distinct commodity. they are in common parlance known as shrimps, prawns and lobsters. there is no essential difference between raw shrimps, prawns and lobsters and processed or frozen shrimps, prawns and lobsters. the dealer and the .....

Uco Bank Vs. Saumyendra Roy Chaudhury and ors.

Court : Kolkata

..... provided further that in case the number of directors elected, on or before the commencement of the banking companies (acquisition and transfer of undertakings) and financial institutions laws (amendment) act, 2006, in a corresponding new bank exceed the number of directors specified in sub-clause (i) or sub-clause (ii) or sub-clause (iii).as the case ..... serious injury which normally cannot be compensated in terms of money. (3) the balance of convenience is in favour of the one seeking such relief. being essentially an equitable relief the grant or refusal of an interlocutory mandatory injunction shall ultimately rest in the sound judicial discretion of the court to be exercised in the ..... , however, seldom granted before the hearing, though when the case is clear and free from doubt it may be had upon interlocutory application. prompt action is essential if a mandatory injunction is the desired remedy. i think it is one of those cases which is clear and one which the court thinks ought to be .....

New Central Jute Mills Company Limited and ors. Vs. Inspector of Centr ...

Court : Kolkata

Reported in : 1979CENCUS359D,1984(15)ELT337(Cal)

..... wholly or in part of jute, including jute twine and rope.(3) * * * *(4) * * * *(5) * * * *by the said amending act of 1956, two explanations have been also inserted in the first schedule of the parent act.3. the central government by g.s.r. 89(e), dated 18th february, 1976 made and published the jute manufactures cess rules, 1976 ..... constitution. the validity of a taxing statute is open to question on the ground that it infringes fundamental rights. therefore, where objects, persons, or transactions essentially dissimilar are treated by the imposition of an uniform tax, discrimination may result, for, refusal to make a rational classification may itself in some cases operate ..... , cess according to weight of any commodity is not per se arbitrary and illegal. the central excises and salt act also recognizes the power to impose cess under the said act both according to weight and value of excisable commodities. section 3(1) of the central excises and salt act which is the charging section, inter .....

Officer-in-charge, Customs, Berhampur Preventive Unit Vs. Minati Biswa ...

Court : Kolkata

Reported in : 1984(2)ECC219,1983(12)ELT798(Cal)

..... a court should be slow to order confiscation of any article. confiscation is ordered when that is statutorily permitted as for example under the provisions of the essential commodities act or the arms act, 1955. in some cases as contemplated in section 455 cr. p.c. destruction of some matter may be ordered. confiscation may be ordered only in ..... is called in question. by the said order opposite party no. 1 minati biswas was convicted of an offence under section 4(1) of the bengal criminal law amendment act and sentenced to pay a fine of rs. 250/- in default to suffer simple imprisonment for 25 days. simultaneously the articles seized, that is to say, ..... law for the time being in force'. mr sanyal contends that the provisions of the criminal procedure code are subject to special and local laws and the customs act. 1962 is a special act which confers special powers on the customs officer to confiscate goods and also prescribes a special form of procedure therefor. so the learned magistrate, mr .....

Dilichand Shreelal Vs. Collector of Central Excise and ors.

Court : Kolkata

Reported in : 1987(13)ECC193,1986LC704(Calcutta),1986(26)ELT298(Cal)

..... of the solvent extraction plant as well as the oil purchased from the market. presently we are processing the crude repseed oil supplied by the west bengal essential commodities supply corp. (a government of west bengal undertaking) and deliver back the refined oil to them. while processing this oil, we are getting soap stock ..... extraction industry. by a subsequent notification no. 122/75 issued on 5th may, 1975 the said notification no. 115/75 dated 30th april, 1975 was amended, but this amendment did not affect the oil mill and -solvent extraction industry in any manner. in view of the aforesaid notification, acid oil manufactured by the petitioner ..... this contention. where the collection is made without any authority of law, the writ court has jurisdiction to grant relief notwithstanding the procedure prescribed by the act. the order passed by the departmental authorities are not administrative orders. the orders passed in this case by the assistant collector rejecting the claim of the .....

Md. YeasIn and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2006(3)CHN655

..... present appeal is whether the present appellants who had complained against the functioning of the writ petitioner/respondent as a modified ration dealer dealing with the essential commodities has a right to see that an enquiry initiated on the basis of such complain reaches its final conclusion. the ancillary question which calls for resolution ..... of, or omission to adhere to, statutory directions. this determination involves a decision of whether or not the violation or omission is such as to render invalid acts or proceedings pursuant to the statute, or rights, powers, privileges or immunities claimed thereunder. if the violation or omission is invalidating, the statute is mandatory; if ..... same principles the supreme court in the state of bihar v. murad all khan : 1989crilj1005 held that the provision of section 55 for wild life protection act is andatory in nature since the said section starts with the expression 'no'.33. in so far as provisions are made imposing a public duty on certain .....

Commr. of Cus. (Preventive) Vs. over Land Agency

Court : Kolkata

Reported in : 2008(4)CHN266,2006(204)ELT554(Cal)

..... exported pending receipt of the permission from the commissioner of customs to which references were made by the exporter, viz. sel and also by the west bengal essential commodities supply corporation ltd. and having bona fide belief that the formal permission would be accorded by the commissioner, the goods were exported under the supervision of ..... contends that in this case the custom house agent in getting clearance of the goods from haldia which is not in conformity with the provisions of the customs act practised fraud and thus, the commissioner of customs (preventive) in exercise of power under chalr rightly revoked the licence granted to the respondent. mr. samaddar ..... .(d) the aforesaid irregularities with regard to the loading of the goods for export from haldia having been detected, the summonses under section 108 of the act were issued upon sri samir bhattacharjee, the proprietor of ola and in his written statement dated 24th september, 2003 he submitted that at the time of .....

Smt. Archana Guha Vs. Ranjit Alias Runu Guha Neogi and ors.

Court : Kolkata

Reported in : 1990CriLJ2012

..... nature, availability of such fair trial to an accused person is a must. he wanted to get sustenance to such submissions on a reference to west bengal criminal law amendment act, 1988 by which after section 245(1) of the code, sub-section (2) has been added by saying that nothing in this section be deemed to prevent ..... of the witnesses recorded insupport of the same taken at their face value make out absolutely no case against the accused or the complaint docs not disclose the essential ingredients of an offence which is alleged against the accused;(2) where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent ..... the witnesses recorded in support of the same taken at their face value make put absolutely no case against the accused or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused;(2) where the allegations made in the complaint are patently absured and inherently improbable so that no .....