CiteTEXT
...in Entry 13 of Schedule I to the Gujarat Essential Articles Dealers' (Regulation) Order, 1971?2. The question arises in these circumstances: The appellant Mahar...committed breaches of clauses 3, 9 and 11 of the Gujarat Essential Articles Dealers' (Regulation) Order, 1971 (hereinafter referred to as “the Regulation Order”), in tha...Cooperation (Department of Food) No. GSR 1111 dated July 24, 1971, the State of Gujarat passed its order called “the Gujarat Essential Articles Dealers (Regulation) ...
..., (1979) 2 SCR 138. This Court held that an exercise book is “paper” as defined in Section 2(a)(vii) of the Essential Commodities Act, 1955 and Item 13 in Schedule I to the Gujarat Essential Articles ...Regulation Order. It is desirable to recall that the Essential Commodities Act was enacted to control the distribution and price of essential commodities. A sufficiently comprehensive interpretation...was called for in order that all products essential to the community which could reasonably fall within the scope of the definition could be covered.16. Learned Counsel...
...covered by the expression "paper" contained in Section 2(a)(vii) of the Act and under Entry No. 13 of Schedule I of the Gujarat Essential Articles Dealers' (Regulation) Order, ...2, 9 and 11 of Gujarat Essential Articles Dealers' (Regulation) Order 1971, hereinafter referred to as the "Regulation Order", was found to have been committed....Government in furtherance of that intention has issued the Essential Articles Dealers' (Regulation) Order. The question is what exactly is the content of the expression...
...(hereinafter referred to as "the Commodities Act"), as also in entry 13 of Sch. I to the Gujarat Essential Articles Dealers (Regulation) Order, 1971 (hereinafte...as "the Regulation Order"). The Commodities Act and the Regulation Order enlisted items which were regarded as essential commodities or essential articles, as the case may be, an...one of such commodities or articles. Both the Commodities Act and the Regulation Order contained an identical description of "paper" in the following words...
...made out of paper were covered by the expression “paper” under section 2(a)(vii) of the Essential Commodities Act and item 13 of Schedule I to the Gujarat Essential Articles Dealers' (...before him. The Sales Tax Officer accepted the claim that what was sold by the petitioners was nothing but cotton fabric. The turnover was held exempt from any tax liability. This was through an order...view of the matter.5. A perusal of the order of assessment in those cases would show that the assessing authority had, after elaborately considering the evidence before it, taken the...
...were covered by the expression “paper” under section 2(a)(vii) of the Essential Commodities Act and item 13 of Schedule I to the Gujarat Essential Articles Dealers' (Regulation) ...treated as braided cords falling under “cotton fabrics” cannot be countenanced and the claim for exemption under section 8 of the Act was therefore not in order.3. In that view, the.... 41,189.80 in the taxable turnover of the assessee was deleted. It is the correctness of this order of the Tribunal that is challenged by the State in this revision petition.4. The...
...Schedule I to the Gujarat Essential Articles Dealers (Regulation) Order, 1971. The learned Judges supported their conclusion by reference to the object and purp...articles 14 and 19 (1) (g) of the Constitution. Because of what we are going to state later on, it is essential to set forth the relevant prayers made in the petition...entitled to avail exemption solely on the basis of that they have purchased papers from dealers under the Act. To appreciate the submission of the learned counsel for the petitioners it is essential to refer...
...Depot v. State Of Gujarat (2). That case arose out of the Gujarat Essential Articles Dealers Regulation Order (1971), an Order of very mu...drawn, it was further observed in this case that essential commodities or essential articles were enumerated in the E.C Act or the said Regulation Order under broad general...Essential Articles (Display of Prices and Stocks) Order, 1977 (to be referred hereinafter as ‘the Display Order’) read with...
...section 2(a)( vii) of the Essential Commodities Act, 1955 (hereinafter referred to as "the Commodities Act"), as also in entry 13 of Sch. I to the Gujarat Essential ...commodities or essential articles, as the case may be, and "paper" was one of such commodities or articles. Both the Commodities Act and the Regulation Order contained an...referred to as "the Regulation Order"). The Commodities Act and the Regulation Order enlisted items which were regarded as essential...
...(62), the question was whether “Paper” includes “Exercise Book” as an ‘essential article’ for regulation under Gujarat Essential Articles Dealers (Regulation) ....I feel prima facie substance in the objection that this Court lacks territorial jurisdiction to quash an order passed at Ahmedabad (within the jurisdiction of Gujarat High Court) But Mr. Sen...justifying the order on other ground. It is then submitted that this Court has no territorial jurisdiction as the importation of oil was at Kandala (Gujarat). I agree with Sachar, J. & Khanna J...
..., Section 5, 9(b)(1) & 12 of the Explosive Act, Section 3 and 7 of the Essential Commodities Act, Section 8 & 9 of the Gujarat Essential Articles Dealers (Regulations) Orders, 1971 and Sec...
R/CR.MA/759/2024 ORDER DATED: 12/01/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R...KALYANBHAI
Versus
STATE OF GUJARAT
========================================================== Appearance:
MR P P MAJMUDAR...
...KAICO along with private dealers would arrange the distribution of such pumpsets under Comprehensive Coconut Development Programme and other similar schemes, offends Articles 14 and 19(1)(g) of the...districts and also dealers in pumpsets etc. without any just reason, must be held violative of Articles 14 and 19 of the Constitution and should be struck down by this Court by allowing this appeal...Secretary to the Government of Kerala directing that for distribution of pumpsets under Comprehensive Coconut Development Programme and other similar schemes of the Agriculture Department and in order to...
...office at Calcutta, for alleged violations of clauses 2(c)(i) and 3 of the Madhya Pradesh Pulses, Edible Oil Seeds and Edible Oil Dealers Licensing Order, 1977 and clause 3 of the Madhya Pradesh...Essential Commodities (Price Exhibition and Price Control) Order, 1977 read with Sections 3 and 7 of the Essential Commodities Act. The petitioners moved the High Court of Madhya Pradesh under Sections 397...alleged that the person contravening the order made under the Essential Commodities Act is a company, the prosecution of the directors, the officers, and servants of the company or other persons is...
...from such trade-Validity -Essential Commodities Act, 1955 (10 of 1955), s. 3-Non-ferrous Metal Control Order, 1958, cls. 3, 4-Constitution of India, Arts. 14, 19(1)(f), 19(1)(g), 19(5), 19(6...exercise of its powers under s. 3 of the Essential Commodities Act (Act X of 1955)-referred to hereafter as " the Act ". In this order " non-ferrous metal " was defined to mean " imported copper, lead...are considered not to form part of the order made by the Central Government the regulation in so far as it was by these principles, was outside the Act as s. 3 empowers the Central, Government to...
...U.P Foodgrains (Procurement and Regulation of Trade) Order, 1978 under Section 3 of the Essential Commodities Act. Thereafter on March 31, 1981 it issued executive instructions by teleprinter message...and 6-A — Administrative Law—Subordinate legislation — Executive Instructions
The Government of U.P issued the U.P Foodgrains Dealers (Licensing and Restriction on Hoarding) Order, 1976 and the...traders. The Government on April 21, 1981 issued the U.P Foodgrains (Procurement and Regulation of Trade) (First Amendment) Order, 1981 by which no wholesale dealer, commission agent or a retailer was to...
..., 1955 and the Fertilizer (Control) Order, 1957 deal with essential commodities and the Defence of India Act, 1971 and the Defence of India Rules, 1971 deal with all other articles and things of any...) Order, 1974, issued under Rule 114, held, valid — Essential Commodities Act, 1955, Sections 3, 5, 6 — Fertiliser Control Order, 1957, Clause 3 — Defence of India Act, 1971 (42 of 1971), Section 3...Defence of India Rules, 1971 — Rule 114(d) and (h) — “Any” article or “articles or things of any description whatsoever” — Meaning and scope — If include essential commodities such as fertiliser...
...mustard oil.44. The Price Control Order was challenged in this Court by several dealers on the ground, mainly, that it violates Articles 14, 19(1)(f) and 19(1)(g) of the...Control Order was passed in exercise of the powers conferred upon the Central Government by Section 3 of the Essential Commodities Act, 1955 (hereinafter referred to as “the Act”). This provision lays...), which will be relevant for the purposes of interpretation, runs as follows:“3. (3) Where any person sells any essential commodity in compliance with an order made...
...question is as to whether clause 3(1-A) of the Tamil Nadu Paddy (Restriction on Movement) Order, 1982 issued by the State Government under Section 3 of the Essential Commodities Act, 1955 read with the..., Regulation and Disposal of Stock) Order, 1968 issued by the State Government under Section 3 of the Act with the prior concurrence of the Government of India. Clause 3(5)(i) empowered the State Government to...(Regulation of Trade) Order, 1974 issued under Section 3 of the Act with the prior concurrence of the Government of India. Clause 5(1) of this Order empowers the State Government to impose and collect...
...are at the controlled price exclusive of local taxes under the Drugs (Prices Control) Order, 1979 issued by the Central Government under sub-section (1)of Section 3 of the Essential Commodities Act...shall be entitled to collect the surcharge levied on him must therefore yield to Section 6 of the Essential Commodities Act which provides that any order made under Section 3 of the Act shall have...Control Order which, according to Section 6 of the Essential Commodities Act, must prevail. It is the duty of the court to adopt the rule of harmonious construction to prevent a conflict between both the...
...regret I am unable to agree that the Kerala Essential articles Control (Temporary Powers) Act, 1961 and the declaration and the surcharge order made respectively under Sections 2(a) and 3 of that Act...Section 3 of the Kerala Essential articles Control (Temporary Powers) Act, 1961. It obliges the Board to collect surcharges from non-licensee consumers of electricity even though the Board may have entered...production, supply and distribution of, and trade and commerce in, certain articles. Section 2(a) of the Act defines “essential article” as meaning any article (not being an essential commodity as defined...