Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Essential Commodities Act, 1955

Tuesday, November 27, 2012
Essential Commodities Act, 1955

Essential Commodities Act, 1955 — Sections 6-A and 6-E — Release of seized commodity — Explained vide Shambhu Dayal Agarwala v. State of West Bengal & Anr., (1990) 3 SCC 549 and Oma Ram v. State of Rajasthan & Ors., (2008) 5 SCC 502.

 
Essential Commodities Act, 1955

Essential Commodities Act, 1955 — Sections 6-A and 6-C — Any order passed under Section 6-A is appealable under Section 6-C of the EC Act.

 
Thursday, March 12, 2009
Essential Commodities Act, 1955

Essential Commodities Act, 1955 — Section 10 read with Section 3 — Contravention of the order made under Section 3 by a company — Prosecution — Held, Section 10 indicates the persons who may be prosecuted where the contravention is made by the company — It does not lay down any condition that the person-in-charge or an officer of the company may not be separately prosecuted if the company itself is not prosecuted — Each or any of them may be separately prosecuted or along with the company.

 
Essential Commodities Act, 1955

Essential Commodities Act, 1955 — Section 10 read with Section 3 — Contravention of the order made under Section 3 by a company — Held, Section 10 lists the person who may be held guilty and punished when it is a company that contravenes an order made under Section 3 of the Essential Commodities Act — Naturally, before the person in–charge or an officer of the company is held guilty in that capacity it must be established that there has been a contravention of the order by the company.

 
Wednesday, March 11, 2009
Essential Commodities Act, 1955

Essential Commodities Act, 1955 — Section 6-A(1), Second Proviso — Whether fine in lieu of confiscation contemplated under the second proviso to Section 6-A(1) of the Essential Commodities Act, 1955 (hereinafter referred to as “the Act”) provides for levy of fine on the basis of market value of the confiscated vehicle or on the basis of the market price of the essential commodity sought to be carried by such vehicle ? — Held, the measure of fine which is required to be levied in lieu of confiscation under the second proviso to Section 6-A(1) would be relatable to the market price of the vehicle and not of the seized essential commodity. And, the fine amount in lieu of confiscation is not to exceed the market price of the vehicle on the date of seizure of the essential commodity — That is to say, the limit of such fine would be up to the market price of the vehicle on the relevant date and it is within the discretion of the competent authority to fix such reasonable amount considering the facts and circumstances of each case — Deputy Commissioner, Dakshina Kannada District v. Rudolph Fernandes (2000 (3) SCC 306) relied.

 
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