Section 13 of
the Act. This would suggest that for any of the proposals for
any matter stated under sub-section (2) of Section 12 ... under Section 20
of the Act, for which reservation is provided. It is stated that
clause (b) of sub-section (2) of Section 12 provides
obtain an order for
maintenance, as contemplated under Subsection (4) of Section 125,
notwithstanding the existence of the foundation and the conditions ... enumerated under Subsections (4) and (5). It is to be noted
that Explanation (b) to Subsection (1) of Section
Section 125 of the Code makes provision for the grant of
maintenance to wives, children and parents. Subsection (1) of
Section 125 inter alia ... plank, basis or bedrock on which the
right/liability under Sec. 125 rests.
12. The obligation to maintain the wife was stipulated even under
Sec
that the matter was to be proceeded with under Section 6A of the Essential Commodities Act and the proceedings were forwarded to the Collector, Surendranagar ... submitted that such essential articles are required to be dealt with under the provisions of the Essential Commodities Act and there was no power with
issued in exercise of the powers under Sec. 3(1) of the Essential Commodities Act. 1955. The impugned notification dated 31-7-2002, at Annexure ... Order, 2002 was ultra vires the provisions of Sec. 3(1) of the Essential Commodities Act, because, unless it was found that, but for such
ensured equitable distribution of the essential commodity. It was held that Section 3 of the Essential Commodities Act clothes the Central Government with powers ... essential commodity will include the power to regulate the quality or quantity of the essential commodity. The Central Government can direct how certain essential commodities
person is dealing in
any commodity, which is an essential commodity as
defined in Essential Commodities Act, 1955 and the
activity of such person ... submitted that bio-diesel is not an
essential commodity and, therefore, the provision
of Essential Commodities Act would not be
applicable.
5. Learned Senior Counsel
unconstitutional and not warranted by the provisions of Section 7-A of the Essential Commodities Act, 1955.
2.1 The recovery under me impugned notice ... deposit the excess amount were unjustly enriching themselves.
7. Section 3 of the Essential Commodities Act, 1955 empowers the Central Government to issue orders
departmental proceeding? and actions and/or the prosecution under Section 12AA of the Essential Commodities Act, 1955, etc., were far too inadequate to meet with ... prices of essential commodities by providing for the preventive detention of persons indulging and involved in these practices. The Essential Commodities Act, 1955 contains comprehensive
control production, supply, distribution etc. of the essential commodities. Section 3(1) of the Essential Commodities Act, is reproduced as under :
3. Powers to control ... possible mischief with regard to the essential commodities and once a commodity is covered under the Essential Commodities Act , for the purpose of regulating, maintenance
