Essential Commodities Act, 1955, Section 7, 10 -- Offences by companies - Every person, who at time was incharge of, or was responsible for conduct of business of company shall be deemed to be guilty of offence...........
Criminal Procedure Code, 1973, Section 482, Essential Commodities Act, 1955, Section 7, 10, 12AA -- Quashing of FIR - Person responsible for manufacturing cannot be prosecuted individually, without arraying company as an accused - FIR quashed...........
Criminal Procedure Code, 1973, Section 468, Essential Commodities Act, 1955, Section 3(2)(h)(i), 7(1)(a)(i) -- Cognizance of offence - Limitation - Offence u/ss 3(2)(h)(i), 7(1)(a)(i) of Act of 1955 - Admittedly, date of occurrence is 18.12.2008 - Photo-copy of order sheet shows that final form was submitted on 4.7.2011 and cognizance was taken on 12.6.2013 - Hence,..........
Essential Commodities Act, 1955, Section 7, 10A, Criminal Procedure Code, 1973, Section 482, Madhya Pradesh Public Distribution System (Control) Order, 2009, Section 11(5) -- Quashing of FIR - Irregularities in Fair Price Shop, violating condition of Order - When charge sheet has been filed and cognizance has been taken then under circumstance whether I.O. was competent to..........
Essential Commodities Act, 1955, Section 3, 7, West Bengal Kerosene Control Order, 1968 -- Paras 5(1), 9, 10 - Authority to pass order - Business of superior kerosene oil as agent - Grant of license - Delivery of oil in excess of monthly limit - Grant of opportunity of hearing to writ applicant by SCFS - After perusal of records Director of Consumer goods issued fresh show..........
Essential Commodities Act, 1955, Section 7 -- Illegal trade of kerosene - Conviction - Validity - Prosecution failed to state that appellants were either dealers or agents or servants of dealer or kerosene in any way belonged to them - It also failed to explain how, when and in what manner appellants were planning to sell kerosene - Held, essential ingredient of relevant..........
Essential Commodities Act, 1955, Section 7, Indian Penal Code, 1860, Section 40, General Clauses Act, 1897, Section 3(38) -- Offence - Absence of mens rea - Co-accused merely sitting by side of accused - Nothing on record to show that co-accused was involved in crime of illegal trading of kerosene - Prosecution failed to show that to what extent co-accused was connected..........
Essential Commodities Act, 1955, Section 7, Criminal Procedure Code, 1973, Section 482 -- Essential commodities - Black marketing - Quashing of proceedings - No material available on record to show that petitioners were carrying on business of rice seized - They are neither `dealers' nor `retailers' and they are `consumers' of seized rice, which had been purchased for..........
Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains - Business of - Proof - On Stock-cum-Price Board displayed in shop it was indicated that Q.22.50 of Suan, Q.3.00 of Ragi and Q.3.26 of Jawar were in store for sale - At the time of visit to shop inspecting authority while verifying stock of..........
Essential Commodities Act, 1955, Section 7 -- Orissa Foodgrains Dealers Licensing Order, 1964, CI.3 - Storage for sale of foodgrains without licence - Imposition of penalty & sentence - Validity - Application for grant of license was made prior to shop visit - Held, merely making an application does not authorize applicant to sell or store for sale any foodgrain in..........
