Court : Supreme Court of India
Reported in : AIR1976SC1031; (1976)1SCC466; [1976]1SCR552
..... the reference to the essential commodities act in section 2(a) which defines 'essential article' is merely to exclude from its purview the commodities covered by the essential commodities act, and only serves to emphasize its indefiniteness and makes it more difficult to find any clue to the nature of the articles the legislature had in mind in enacting the kerala essential articles control (temporary powers) act, ..... continue to be rules subordinate to the act, and though for certain purposes, including the purpose of construction, they are to be treated as if contained in the act, their true nature as subordinate rule is not lost.there is thus at least one decision of this court which seems to support the view that the orders made by the state government under section 2(a) and section 3(1) of the impugned act could not be called part of the act; this act does not even say that such orders are to be treated as if enacted in the act. ..... argued that assent of the president received for the amending acts of 1967, 1969 and 1970 cured the repugnancy introduced by the surcharge order. ..... 20 of 1970, the act trenches upon the field occupied by the electricity (supply) act 1948 which falls partly under entry 43 of list i and partly under entry 38 of ..... housing society v state of maharashtra : air 1970 sc 1771 this court had dealt with the maharashtra industrial development act, 1961 and the question whether the maharashtra development corporation formed under the act was a trading corporation. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... the kerala high court declared the 1984 order to be ultra vires the kerala essential articles control act, 1986, and directed refund of the amount collected thereunder and the judgment was confirmed by the supreme court. ..... countering the arguments of the learned advocate general, the learned counsel appearing for the petitioners strenuously contended that the amendment is intended to nullify the effect of the judgment of the apex court and it is nothing but encroaching upon the powers of the judiciary to interpret the law made by the legislature and the same offends the principle of separation of powers between the three wings.64. ..... in fact, in the above case, their lordships of the supreme court having observed that it will be difficult to decide whether who has to be removed from the employment out of the employees appointed over and above the employment directed constitution of a selection committee before whom the employees were directed to appear and on the basis of the selection the required number of people have to be continued in service and the rest of the employees have to be terminated. ..... dinesh kumar bharti, : (1997)illj849sc in that case the respondent was appointed on ad hoc basis as teacher in 1970 and subsequently a screening committee was constituted to regularise the services of ad hoc teachers, found that the respondent was not found fit to be confirmed. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker307
..... subsequently after the defence of india rules were withdrawn in 1977, the 1976 order was cancelled, and the state then issued a declaration that cashew nut is an essential article under clause (2) of section 2 of the kerala essential articles control (temporary powers) act, 1961. ..... that declaration was made in exercise of the powers under clause (a) of section (2) of the kerala essential articles control (temporary powers) act, 1961. ..... janardhan pillai's case, air 1981 sc 1485, that the earlier law, namely, the kerala essential articles control (temporary powers) bill was reserved by the governor for the consideration of the president and it received the assent of the president. ..... union of india, air 1981 sc 1485, delivered on 23-1-1981, the supreme court held that the raw cashew nut is a foodstuff within the meaning of section 2(a)(v) of the essential commodities act and hence it cannot be declared as an essential article under section 2(a) of the kerala act. ..... janardhan pillai's case, air 1981 sc 1485 clearly shows that what was challenged before the supreme court by way of writ petitions under article 32 of the constitution is the validity of the declaration made by the state government of kerala on march 20, 1976, declaring that raw cashewnut was an essential article. ..... under the powers of that act, the kerala raw cashewnuts (procurement and distribution) order, 1977 was issued. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom375
..... ' essential articles control (temporary powers) act, 1961, was operative for 5 years. ..... having regard to the decision in the kerala state electricity board's case, we areof the view that the extension acts having received the assent of the president, the bombay rent act must be considered to be the new iaw and the eviction act, 1971, the earlier law for the purposes of article 254(2). ..... the supreme court said, 'we agree that the assent should be deemed not merely to the substitution of the words 'five years' by the words 'seven years' in the kerala act, but to the act as a whole, that is, as amended by the 1967 act and any repugnance between the kerala act and the electricity (supply) act, 1948 should be deemed to have been cured by such assent. ..... he is in unauthorised occupation if he continues to occupy public premises after the authority under which he was allowed to occupy the same has expired or has been determined for any reason whatsoever. ..... 2(g) to mean 'the occupation by any person of the public premises without authority for such occupation, and includes the continuance in occupation by any person of public premises after the authority..... ..... the old law already on the statute book continues..... ..... the old instead of expiring on 31-3-1950, continued till 31-3-1952. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... indian aluminium company limited, : [1976]1scr552 , section 2(a) of the kerala essential articles control (temporary powers) act, 1962, was challenged, inter alia, on the ground of excessive delegation. ..... in exercise of these powers the kerala government declared electricity as an essential article and thereafter issued the kerala state electricity supply (kerala state electricity board and licensees areas) surcharge order, 1968. ..... . (3) for the purposes of this section, 'banking company' includes the industrial development bank of india, the reserve bank, the state bank of india, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertaking) act, 1970 (5 of 1970), a regional rural bank established under section 3 of the regional rural banks act, 1976 (21 of 1976) and any subsidiary bank ..... . on the section as it stands, an employee-member can continue indefinitely on the committee even though the union which selected him or the government which nominated him finds him undesirable to continue on the committee ..... . (3) if the number of employees employed in any undertaking to which the provisions of this chapter apply at any time falls below fifty continuously for a period of one year, those provisions shall cease to apply to such undertaking .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)ALT1(SC); JT2009(9)SC229; (2009)IVLLJ57SC; 2009(9)SCALE99; (2009)8SCC431; 2009(7)LC3037(SC):669458
..... to recoup the loss caused to the kerala electricity board by imposition of central excise duty, the state government issued an order under section 3 of the kerala essential articles control (temporary powers) act, 1961 whereby surcharge @ rs. ..... keeping the background of the purpose of the act in view that would be the proper construction and if that is the proper construction which is in consonance with the english version of the ordinance and the act as well as with the object of the act then in our opinion the act and the ordinance should be construed to mean that only those would be eligible for screening who were appointed prior to june 25, 1975 and were continuing at the time of the commencement of the ordinance i.e. ..... raman lal keshav lal soni (supra) and held:.in view of the aforesaid legal position when the impugned act is examined the conclusion is irresistible that the said act cannot be said to be an act of usurpation of the judicial power by the haryana legislature, but on the other hand it is a valid piece of legislation enacted by the state legislature over which they had legislative competence under entry 41 of list ii of the seventh schedule and by giving the enactment retrospective effect the earlier judgments of this court in sehgal and chopra have become ineffective. ..... in 1970s, 80s and early 90s, the country witnessed an unusual phenomena in the field of public employment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3404; 2003(1)ALLMR(SC)314; 2002(6)ALT8(SC); JT2002(7)SC339; (2003)1MLJ129(SC); 2002(7)SCALE95; (2002)8SCC182; [2002]SUPP2SCR555
..... that order was passed in exercise of the powers conferred by section 3 of the kerala essential articles control (temporary powers) act, 1961. ..... but when he assented in 1967 to the act extending the life of the kerala act by another two years the declaration of electricity as an essential article had been made and should be deemed to have become part of the act. ..... however, before grant of subsequent assent in 1967 to the act extending the life of the kerala ct by another two years the declaration of electricity as an essential article had been made and was part of the act. ..... the court was also required to consider the provisions of the essential supplies (temporary powers) act, which would have expired on 1.4.1951 but for the fact that article 369 of the constitution gave to the parliament, during a period of five years from the commencement of the constitution, the power to make laws with respect to certain matters enumerated in the concurrent list, and in exercise of the power, the original essential supplies act with certain important amendments was continued up to 31st december, 1952. ..... after 1970, the next extension is given by maharashtra act no. ..... it is also pointed out that on 31st march, 1970, the operation of the bombay rent act was extended by maharashtra act no. ..... 12 of 1970 up to 31st march, 1973, and thereafter by maharashtra act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1485; 1981(1)SCALE193; (1981)2SCC45; [1981]2SCR676; 1981(13)LC612(SC)
..... the common question which arises for consideration in the above writ petitions under article 32 of the constitution of india relates to the validity of the declaration made by the state government of kerala on march 20, 1976 declaring that raw cashewnut was an essential article, in exercise of the power under clause (a) of section 2 of the kerala essential articles control (temporary powers) act, 1961 (act 3 of 1962) (hereinafter referred to as 'the kerala act') and the kerala raw cashewnuts (procurement and distribution) order, 1977 (hereinafter referred to as 'the order') made by the state government of kerala in exercise of the powers conferred by section 3 of the kerala act regulating the procurement and distribution of raw cashewnuts grown in the state of kerala. ..... the recital in the preamble to the order states that it was being made in order to ensure the maintenance oil supplies of raw cashewnuts which was considered to be essential for the continued employment of a large number of workmen in the state of kerala and for their equitable distribution and availability at fair prices. ..... it is further recited the order was being made as the state government felt a doubt about the question whether the kerala raw cashewnuts (marketing and distribution) order, 1976 issued under the defence and internal security of india rules, 1971, for the very same purpose would continue to remain in force.3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC504; (1969)1SCC255; [1969]3SCR40
..... thereafter, on the 27th september, 1946, the maharaja promulgated the cochin essential articles control and requisitioning powers proclamation 3 of 1112, and, under clause 9 of this proclamation, the orders already made by the cochin government under the defence of india act and rules, as applied by proclamation 8 of 1115, were continued in force, so that the prohibition order of 1119, continued to remain ..... under this act, the temporary emergency (powers) proclamation 5 of 1122, and the cochin essential articles control and requisitioning powers act 8 of 1122, were continued in force ..... this act, by section 73(1), repealed a number of enactments, including the cochin temporary (emergency powers) proclamation 5 of 1122, and the essential articles control and requisitioning powers act 8 ..... was followed by the cochin essential articles control and requisitioning powers act 8 of 1122, promulgated on the 4th january, ..... under section 3(2)(f) power is conferred on the state government to make an order which may provide for regulating or prohibiting any class of commercial or financial transactions relating to any essential article which, in the opinion of the government are, or if unregulated are likely to be, detrimental to ..... presently explain in detail the situation as to the laws relating to this subject which prevailed in travancore-cochin from time to time; but it may here he mentioned that this plea of the respondent was accepted by the trial court as well as the high court of kerala. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1980)IILLJ287MP; 1979MPLJ764
..... the question related to the validity of the kerala state electricity supply (kerala state electricity board and licensees areas) surcharge older, 1968, which was made under section 3 of the kerala essential articles control (temporary powers) act, 1965. ..... under the kerala act, electricity was declared to be an essential article before the president assented to the act in 1967 when the life of the kerala act had been extended from 5 to 7 years. ..... on the question of repugnancy the learned counsel for the petitioners referred to section 36 of the central act and argued that the central act did not recognise any representative union; that the recognition of representative unions was a new feature in the state act; and that any further change in the provisions contained in the state act for recognition of representative unions will create further repugnancy with the central act, a look at article 254(1) of the constitution would show that repugnancy must exist at the time of the making of the law by the state legislature or the repugnancy must ..... one of the grounds under which the registrar can cancel the recognition is that the membership of the union has for a continuous period of three months fallen below the minimum required under section 14 for its recognition. ..... 1968 created a repugnancy between the kerala act on the one hand and the electricity act, 1970, and the electricity (supply) act. .....
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