...stated the facts are that in 1957 under the provisions of Section 3 of the Essential Commodities Act, 1955, the Central Government promulgated the Fertilizer (Control) Order. This Order has been...revised from time to time and in respect of Assessment Year 1996-97 we are concerned with the provisions of the Fertilizer (Control) Order, 1985.3. Under the provisions of...the Fertilizer (Control) Order, maximum selling price for different types of fertilizers is determined under clause 3. No manufacturer like the appellant can sell or offer for sale any fertilizer at a...

...Fertilizer (Control) Order, 1985, at Police Station Jagraon, as also subsequent proceedings emanating Page: 10therefrom.2. Petitioner No. 1 is a firm, dealing in fertilizers and petitioner...No. 2 is a partner therein. The firm is a licenced dealer under the Fertilizer (Control) Order. 1985. Pursuant to a raid, conducted on 5.11.1998, by one Kuldip Singh. Fertilizer Inspector, in the...registered against the petitioners. Simultaneously, the Chief Agriculture Officer, Ludhiana issued a show-cause notice, under the Fertilizer (Control) Order 1985, for cancellation of the petitioner's...

...fertilizers, having valid registration certificate in this regard from the competent authority, under the Fertilizer (Control) Order. It was alleged that a notice was served by complainant-respondent...Section 7 of the Essential Commodities Act read with Sections 420 IPC and 3/19 of the Fertilizer (Control) Order (wrongly stated as Fertilizer Act) was registered against Ram Nath...Essential Commodities Act or the Fertilizer (Control) Order, nor it could be said that they had committed any other offence punishable under the Indian Penal Code. This is especially so when there is...

...". 2. Rock phosphate was treated as a fertilizer under the Fertilizer Control Order. In view of the Fertilizer Control Order treating the rock phosphate as a chemical fertilizer the...1. The question involved in this tax revision case is whether rock phosphate is a chemical fertilizer falling under entry 23 of the First Schedule to the Andhra Pradesh...Tribunal is justified in classifying the rock phosphate as a chemical fertilizer falling under the entry 23. 3. The arguments of the learned counsel for the Revenue is for the earlier...

...allowed by the writ court on its finding that cancellation of certificates of registration as wholesale dealer and as retail dealer granted to the writ petitioners under the Fertilizer (Control) Order, 1985...not be permitted to hold registration as a wholesale dealer and as a retail dealer. It has further found that such policy decision is in the teeth of Statutory Fertilizer Control Order of the Central...Government.4. On going through the provisions in the Fertilizer Control Order, we find that the writ court was correct in its approach because by the policy decision, the State...

...contention is that Section 31 (1) of the Fertilizer (Control) Order, 1985 envisages an opportunity of being heard before suspension or cancellation of certificate of registration but no such opportunity was...granted to the petitioner. Shri Deepak Sahu, learned Panel Lawyer agrees that no notice was issued to the petitioner in compliance of Section 31 (1) of the Fertilizer Control Order, 1985...and therefore, when no notice was given and mandatory compliance of requirement of Section 31 (1) of the Fertilizer (Control) Order, 1985 was not made, then the impugned orders cannot be...

...by the Department of Agriculture bearing No.FRT/TA-2/FC nO.99-2000/2001-02 which requires the appointment of an officer for compliance of Fertilizer (Control) Order in the nature...Fertilizer (Control) Order in terms of the scheme under which the Fertilizer (Control) Order is sought to be implemented. Accordingly, the petition is disposed of with a direction to the court below to...company which manufactures fertilizers. It transpires that a case has been institution for violation of the Fertilizers (Control) Order, 1985 read with Sections 3 and 7 of the Essential...

...PROCESS FOR THE OFFENCES PUNISHABLE UNDER CLAUSE 19 OF FERTILIZER (CONTROL) ORDER, 1985 READ WITH SECTION 3 & 7 OF THE ESSENTIAL COMMODITIES ACT, BY THE CIVIL JUDGE...Fertilizer (Control) Order, 1985 and Section 3 and 7 of Essential Commodities Act. 3. The brief facts of the case are that, the respondent/complainant...filed a private complaint before the JMFC Court, Mudalagi, against accused Nos.1 and 2 for the offence punishable under clause 19 of Fertilizer (Control) Order, 1985 and Section 3 and...

...offences punishable under Section 120(B) read with Section 409 of IPC and Section 9 of Essential Commodities Act read with Order 35(1)(a), (b) and (c) of Fertilizer (Control) Order, 1985..., Section 7(1) a (ii) read with 3(2)(d) of Essential Commodities Act read with Clause 4, 7 and 8(2) and 25(1) of Fertilizer (Control) Order 1985 and Clause 3 of Fertilizer (Movement Control) Order...Section 120(B) read with Section 409 of IPC and Section 9 of Essential Commodities Act read with Order 35(1)(a), (b) and (c) of Fertilizer (Control) Order, 1985, Section 7(1) a (ii) read with 3...

...Fertilizer (Control) Order, 1985 for controlling the quality of fertilizer. It appears that the samples of fertilizer sold by the appellant was taken from stitched bags of fertilizer and thereafter sent to...validity of Clause 19 of the Fertilizer (Control) Order. The case of the appellant was that since Clause 19 does not permit an accused a right to adduce evidence to contradict the report of the public...Fertilizer (Control) Order was struck down. Aggrieved by the judgment of the learned Single Judge, the respondents preferred a letters patent appeal before the Division Bench of the High Court. The...

...test report, the product passed test of Fertilizer Control Order, 2006 and as per the test report abda was organic manure entitled to full exemption. The original authority had relied on Fertiliser...Control Order to decide that the subject product was not classifiable under Chapter Sub-heading 3101.0099.3. The appellants had not been put on notice about the department relying on Fertilizer Control...Order to decide the classification of the impugned goods. Moreover, as per CBEC Circular No. 392/25/98-CX., dated 19-5-98, Fertilizer Control Order was not to be relied upon to decide the classification of goods as fertilizer. Relying...

...dated 3-2-1999 under Section 7 of the Essential Commodities Act read with clause 19 of the Fertilizer Control Order.3. On an earlier occasion, in a similar matter the High Court...Order1. Leave granted.2. A petition was filed before the High Court under Section 482 of the Code of Criminal Procedure for quashing the complaint...decide the matter. We do not think that was the right course adopted by the High Court. We, therefore, set aside the order passed by the High Court and remit the matter to the High Court for fresh...

...the fertilizer sample was declared non-standard due to excess moisture 0.48 percent and the proper procedure, vide Schedule II of Fertilizer Control Order 1985, was adopted; that Form ‘J’ was signed..., in accordance with the procedure laid down in the Fertilizer Control Order 1985.4. Mr. Dinesh Goyal, learned counsel for the petitioners, has submitted that no allegation whatsoever...information report; that, according to Schedule II of the Fertilizer Control Order 1985 this sample should be kept in suitable, clean, dry and airtight glass or screwed hard polythene bottle of about 400...

.../respondents were acquitted of offence under Sections 19 (1) (a) of the Fertilizer (Control) Order, 1985, punishable under Section 7...Fertilizer (Control) Order, 1985.The accused appeared before the trial court and pleaded not guilty and claimed trial. At the stage when case was fixed for prosecution evidence, it was...brought to the notice of the trial court that Fertilizer (Control) Order had been quashed by the High Court in CWP No. 5643 of 1995 titled as ‘Tarsem Singh v. Union of India...

...)(a)(ii) of the Essential Commodities Act read with Clause 19(a) of the Fertilizer (Control) Order, 19 85. 3. The learned Special District and Sessions Judge, Madurai, by...contravention of Section 7(1)(a) of the Essential Commodities Act read with Clause 19(a) of the Fertilizer (Control) Order and imposed a fine of Rs.5000/-. 4...had been drawn in accordance with the procedure prescribed under the Fertilizer Control Order from the stock in his possession, P.W.1 prepared Form 'J' (Ex.P4), which contains the signature of A4...

...were not fertilizer. Original Authority totally ignored the pleading made by the noticee before it that term fertilizer had been defined under the Fertilizer (Control) Order, 1985. As per Clause (h) of...Iron, Zinc, Magnesium, Copper, Aluminium and Bromide, etc. and they are covered in the Schedule I of the said Fertilizer (Control) Order, 1985 and specifying the definition of fertilizer as provided in...the Fertilizer (Control) Order, 1985. The said Order-in-Original dated 11-10-2006 was carried to Commissioner (Appeals). The Commissioner (Appeals) through Order-in-Appeal No. 44-CE/MRT-I/2008, dated...

... TALUK THE AGAINST THE PETITIONER/ACCUSED NO.2 FOR OFFENCES P/U/S 13(1), 13(2), 19(b) OF THE FERTILIZER CONTROL ORDER R/W EC. 3(2)(d) OF THE...the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955. 2. Heard the learned Counsel for the parties...Authorized Officer on behalf of the company with regard to quality aspects of the Fertilizer Control Order, 1985. He has produced Form-A2 issued by the Government of Karnataka which reflects that Pream Anand.S...

...) Petitioner has assailed the order dated 10.09.2019 passed by the Appellate Authority- respondent No.2, whereby appeal filed by the petitioner-company under Clause 32-A (2) of The Fertilizer (Control) Order, 1985... been given to the petitioner-company under Clause 32-A (2) of The Fertilizer (Control) Order, 1985 to file an appeal before the Appellate Authority appointed...under Sub Clause (1) of Clause 32-A (2). Reference has also been made to Clause 29-B of the said Order. The remedy is statutory remedy under The Fertilizer (Control) Order. 1985 and cannot be taken away...

...of Pritpal Singh, J. (as he than was) in Crl. Misc. No. 5000-M/1986 decided on January 15, 1987 laying down that under clause (4)(2)(ii) of the Schedule II of the Fertilizer Control Order 1957, sample...Control Order, 1957 registered at Police Station Abohar as also the order framing charge against the petitioner by the Special Judge, Ferozepore vide his order dated 6.6.1988 The petitioner has taken...various grounds with regard to his working only to book orders and the take commission. He urges that on the booking of the order, the fertilizer is supplied by the manufacturer directly to the dealer...

...permitted governmental agencies falling within the definition of “dealer” in the Fertilizer Control Order. 1957 to sell the stocks held by the said agencies immediately preceding the issuance of the...Act. (Paras 24 and 34) The State Government has no power to fix the price of essential commodities covered by the Essential Commodities Act, 1955 and the Fertilizer (Control) Order, 1957...the Essential Commodities Act and the Fertilizer (Control) Order made under that Act. Therefore, the State Government cannot without delegation under Section 5 of the Essential Commodities...