District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court
2 years, 1 month ago

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court

Live Law  

The Kerala High Court recently held that the sanction of the district collector is not required for initiating prosecution under Section 7 of the Essential Commodities Act, 1955. As Rajan failed to produce any bill, invoice, or other documents supporting such storage of LPG cylinders, the District Collector alleged violation of clause 6 of the LPG Order, 2000 and Section 3 of the Essential Commodities Act, 1955 and warrants penal action under Section 7 of Act. The District Collector later issued an order stating that the LPG distributor Sithara Indane Gas committed an offence under Section 3 by conniving with Rajan for "illegal business of selling LPG, warranting penal action under Section 7 of the Act". Section 11 provides that no Court shall take cognizance of any offence punishable under the Act except on a report in writing of the facts constituting such offence made by a person who is a public servant or any person aggrieved or any recognised consumer association," said the court, adding no sanction of the District Collector is necessary for initiating prosecution under Section 7 of the Act.

Action Court Sanction Order Essential Commodities Act District Act Collector Offence Rajan Lpg District Collector Section 7 Of The Act Penal Action  offence  lpg  commodities  court  prosecution  initiating  essential  necessary  kerala  order  district  sanction  act  action  collector  rajan  high

History of this topic

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
2 months, 2 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law  

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court
4 months, 2 weeks ago

Process Of Sanction To Prosecute Public Servant Will Become A 'Dead Letter' If Order Is Interfered With Without Reason: Kerala High Court

Live Law  

Dismissing a plea against an order refusing to grant sanction to prosecute a public servant, the Kerala High Court observed that the decision to grant or refuse sanction to prosecute a public servant vests absolutely with the sanctioning authority, adding that its purpose is to insulate the public servant from frivolous prosecution. In this case, the petitioners had approached the …

Sales Tax Officer And Not District Collector Empowered To Permit Payment Of Sales Tax Dues In Instalments: Kerala High Court
1 year, 6 months ago

Sales Tax Officer And Not District Collector Empowered To Permit Payment Of Sales Tax Dues In Instalments: Kerala High Court

Live Law  

The Kerala High Court has made it clear that under the Kerala General Sales Tax Act 1963 and Rules, the assessing authority empowered to permit payment of sales tax dues in instalments is the Sales Tax Officer. Justice Dinesh Kumar Singh observed thus: “The Kerala General Sales Tax Acts and Rules empowers the assessing authority ie.,the Sales Tax Officer to …

Illicit Sale Of Liquor Should Be 'In Praesenti' To Attract Offence Under Kerala Abkari Act: High Court
1 year, 10 months ago

Illicit Sale Of Liquor Should Be 'In Praesenti' To Attract Offence Under Kerala Abkari Act: High Court

Live Law  

The Kerala High Court on Tuesday held that the sale of liquor ought to be made in praesenti in order to attract the offence under Section 55 of the Kerala Abkari Act. Arun, while considering an anticipatory bail application of the petitioner-accused who had been found in possession of 2.75 litres of Indian Made Foreign Liquor, observed, "There is prima …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Circulars Issued By Centre, State Merely Represent Their Understanding Of Statutory Provisions, Not Binding Upon Court: Kerala High Court
2 years, 2 months ago

Circulars Issued By Centre, State Merely Represent Their Understanding Of Statutory Provisions, Not Binding Upon Court: Kerala High Court

Live Law  

The Kerala High Court on Thursday observed that circulars or clarifications issued by the Central Government represent merely their understanding of the statutory provision and are not binding upon the Court as it is for the Court to declare what a particular provision of the statute says. It was also contended by the Senior Government Pleader that as per Section …

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court
2 years, 10 months ago

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

Live Law  

The Kerala High Court has recently established that the general supervisory power available under Section 17 of the Kerala Civil Courts Act does not empower the District Judge to pass judicial orders directing the civil courts in the district to dispose of matters pending before the subordinate courts in a time-bound manner. Justice A. Badharudeen held that the general control …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice
3 years, 1 month ago

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice

Live Law  

The Delhi High Court has issued notice on a petition raising a question as to whether a sanction to prosecute an accused under Essential Commodities Act is required when such a person is not a public servant. Justice Subramonium Prasad issued notice on the petition assailing the orders passed by Chief Metropolitan Magistrate of the Karkardooma Courts whereby it was …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 3 months ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

PIL Before Kerala High Court Alleges Statutory Mechanism Of Consumer Protection Act 2019 Not Fully Implemented In State
3 years, 5 months ago

PIL Before Kerala High Court Alleges Statutory Mechanism Of Consumer Protection Act 2019 Not Fully Implemented In State

Live Law  

A Public Interest Litigation has been filed before the Kerala High Court alleging that the statutory mechanism and the provisions of the Consumer Protection Act, 2019 are not fully implemented in the State, thereby affecting the rights of the consumers and their right to access to justice.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly admitted …

No Detention Under Section 129 Of CGST Act On Mere Suspicion Of Mis-Classification Of Goods : Kerala High Court
4 years, 2 months ago

No Detention Under Section 129 Of CGST Act On Mere Suspicion Of Mis-Classification Of Goods : Kerala High Court

Live Law  

The Kerala High Court has held that mere suspicion of mis-classification of goods cannot be the basis for a detention of goods under Section 129 of the Central Goods and Services Tax Act 2017.A single bench of Justice A Jayasankaran Nambiar held so referring to the Gujarat High Court in M/s Synergy Fertichem Private Limited v. State of Gujarat and …

Kerala HC Rejects Plea To Retain Authorised Wholesale Distributors In PDS [Read Judgment]
7 years, 11 months ago

Kerala HC Rejects Plea To Retain Authorised Wholesale Distributors In PDS [Read Judgment]

Live Law  

The scheme of the National Food Security Act, 2013, is minimal involvement of private persons, the bench observed.The Kerala High Court has rejected the plea of the Kerala Ration Wholesale Distributors Federation to retain authorised wholesale distributors and not to shut them out totally, observing that the scheme of the National Food Security Act, 2013, and the Targeted. The scheme …

Kerala HC Rejects Plea To Retain Authorised Wholesale Distributors In PDS [Read Judgment]
7 years, 11 months ago

Kerala HC Rejects Plea To Retain Authorised Wholesale Distributors In PDS [Read Judgment]

Live Law  

The scheme of the National Food Security Act, 2013, is minimal involvement of private persons, the bench observed.The Kerala High Court has rejected the plea of the Kerala Ration Wholesale Distributors Federation to retain authorised wholesale distributors and not to shut them out totally, observing that the scheme of the National Food Security Act, 2013, and the Targeted. The scheme …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

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