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...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...
...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...
...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...
...)
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 ...
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 a...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...
...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,...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 ...
...alleged that the petitioner violated clause 19 and 23 of the Fertilizer Control Order, 1985.
Mr. A.K.Kashyap, the learned Senior counsel appearing for the petitioners...submits that the cognizance has been taken under several sections of I.P.C as well as under clause-19 and 23 of the Fertilizer Control Order, 1985. He submits that in light of section 7 of the Essential...Commodities Act, 1955 the penalties are prescribed. He submits that the learned court has not applied its mind and has taken cognizance under clause-19 and 23 of the Fertilizer Control Order, 1985. He...
...filed under clause 19(1) of Fertilizer Control Order 1985, r/w Sections 7 & 8 of Essential Commodities Act, 1995 against the petitioners.
3. These proceedings are sought to be...quashed in this petition.
4. The main anchor of the petitioners is that clause 19(1) of the Fertilizer Control Order, 1985 was quashed by the Punjab and Haryana High Court. Therefore...Government has not preferred any Appeal against the Judgment of Punjab and Haryana High Court in respect of quashing of clause 19(1) of the Fertilizer Control Order, 1985 and that the Judgment holds good as...
...clause 19(1) of Fertilizer Control Order 1985, r/w Sections 7 & 8 of Essential Commodities Act, 1995 against the petitioners.4. These proceedings are sought to be...quashed in this petition.5. The main anchor of the petitioners is that clause 19(1) of the Fertilizer Control Order, 1985 was quashed by the Punjab and Haryana High Court. Therefore, there is...not preferred any Appeal against the Judgment of Punjab and Haryana High Court in respect of quashing of clause 19(1) of the Fertilizer Control Order, 1985 and that the Judgment holds good as on today...
...Section 34 of IPC, alleging that the petitioners who are the manufacturers have not manufactured the subject fertilizer as per the Schedule 1 part B Fertilizer (Control Order, 1985) and Rule 19(3) of...Fertilizer (Control Order, 1985).
3. The learned Magistrate after perusing the complaint took the cognizance of the aforesaid offences and issued summons. Taking exception to...accused No.5 who shall be responsible for compliance of provisions of Fertilizer (Control Order, 1985). Hence he submits that the petitioners who are not responsible...
...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...., was authorized
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by the company for complying the provisions of the Fertilizer Control Order, 1985.
...
...
FILE OF CIVIL JUDGE AND JMFC, HAGARIBOMMANAHALLI, INITIATED
BY THE RESPONDENT, FOR THE OFFENCE P/U/SEC. UNDER CLAUSE
19(A) OF FERTILIZER (CONTROL) ORDER, ...19.10.2022 IN TAKING
COGNIZANCE OF THE OFFENCE U/S 19(A) OF THE FERTILIZER
(CONTROL) ORDER 1985 AND U/S 7 OF THE ESSENTIAL
COMMODITIES ACT AND...Manufacturer and the Dealer challenging the registration of criminal proceedings for offences punishable under Section 19(A) of the Fertilizer (Control) Order 1985 and under Section 7 of the...
.../2022 (P.C.NO.14/2021) FOR THE OFFENCE PUNISHABLE U/SEC. 19(i) (a)
OF THE FERTILIZER (CONTROL) ORDER 1985 AND U/SEC. 7(i) (a) (ii)
(d) OF THE ESSENTIAL...punishable under Section 19(i) (a) of the Fertilizer (Control) Order, 1985 and under Section 7(i) (a) (ii) (d) of the Essential Commodities Act, 1955 in C.C No.228/2022 pending on the file of Civil Judge and...
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purchased fertilizer namely 12:32:16, N:P:K and that he has followed the procedure under Clause (1)(b) of Section 28 of the Fertilizer (...
...) FOR THE OFFENCE PUNISHABLE U/SEC. 19 (i) (a) OF
THE FERTILIZER (CONTROL) ORDER 1985 AND U/SEC. 7(i) (a) (ii)
(d) OF THE ESSENTIAL COMMODITIES ACT 1955 PENDING...(i) (a) of the Fertilizer (Control) Order, 1985 and under Section 7(i) (a) (ii) (d) of the Essential Commodities Act, 1955 in C.C No.229/2022 pending on the file of Civil Judge and JMFC, Jewargi...
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purchased fertilizer namely 12:32:16, N:P:K and that he has followed the procedure under Clause (1)(b) of Section 28 of the Fertilizer (...
...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...
...that the applicant was not having permission for manufacture and sale of the furtilizer and, therefore, there was violation of Fertilizer Control Order, 1985, hence the offence under the Essential...submitted that the aforesaid product is not covered under the list/ schedule of the Fertilizer Control Order, 1985. It is also submitted that after the seizure of the goods, the...Agriculture Officer stating that it was not covered by Fertilizer Control Order.
4. The learned APP could not point out any order/ Circular / Government Resolution or Notification ...
.../1996, convicting and sentencing the appellant under section 3/7 of the Essential Commodities Act for breach of Fertilizer (Control) Order, 1985 and sentencing him to undergo R.I. for six months and...Officer posted at Mouganj, Rewa conducted raid in which he found 272 bags of urea in godown of appellant. Clause-7 of Food (Control) Order 1985 provides that no person can sale and purchase fertilizer without...Commodities Act and the Fertilizer Control Order, 1985. On basis of said findings, appellant was convicted and sentenced as above.
6. Learned counsel for the appellant submitted...
...of Fertilizer (Control) Order, 1985.3. The police after investigation submitted charge-sheet as against the petitioner-dealer for violation of the aforesaid provision of the fertilizer...competent to proceed in the matter to make search and seizure in view of the provision of clause 27 and 28 of the Fertilizer (Control) Order, 1985.5. Admittedly the Probationer I.A.S...27 are competent to make inspection, search and seizure under the Fertilizer (Control) Order, 1985 under Section 28. In the instant case, the search, seizure and inspection initially was made by an IAS...
...7(1)(a)(ii) of the Essential Commodities Act, 1955, and Clause 30(2) of the Fertilizer (Control) Order, 1985.
2. The respondent has filed a private complaint under Section 200 of....
3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State.
4. Rule 24 of the Fertilizer (Control) Order, ...provisions of the Order.
5. In the present case, the petitioner-company has duly appointed a Compliance Officer as required under Rule 24 of the Fertilizer (Control) Order, 1985. Howev...
...different urea fertilizers were discovered. It is alleged that the petitioner used the fertilizers for commercial purposes, which contravenes the provisions of the Fertilizer Control Order, 1985, and...Clauses 25(1) and 12 of the Essential Commodities Act, 1955.
3. The provisions of the Essential Commodities Act, 1955, are made applicable to the Fertilizer Control Order, 1985, by...CONTROL ORDER 1985 CLAUSE 25(1),
12 OF THE ACT, ON THE FILE OF THE CIVIL JUDGE AND JMFC
COURT KITTUR DIST. BELAGAVI.
THIS PETITION, COMING...
...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 (...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, da...