Section 12B of The Essential Commodities Act, 1955 — Grant of injunction, etc., by civil courts

Bare section text

Official Legislative Text

No civil court shall grant an injunction or make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any Act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.

Educational Study Layer

Summary

It limits the power of civil courts to stop or block government actions under this law immediately.
A civil court cannot grant an injunction, which is a court order to halt an action, or other reliefs against the government or its public officers right away.
This restriction applies to any actions done or intended to be done by officials in their official roles under the law or its orders.
The civil court can only grant such relief after giving a formal notice of the application to the affected government or officer first.

Practical examples

1Rajesh is a wholesale wheat trader. A local government officer orders him to sell his stock of wheat to a government agency at a set procurement price. Rajesh wants to go to a local civil court to get an emergency stay order, which is a temporary injunction, to stop the officer. The civil court judge refuses to grant the stay order because Section 12B of the Act requires that the government officer must be given formal notice of Rajesh's application first.

2The State Government issues a general order regulating the transport of mustard seeds across districts. A transport company owner, Anil, files a lawsuit in a civil court asking for an immediate ban on the enforcement of this order. Under Section 12B of the Essential Commodities Act, the court cannot grant any temporary halt to the order until it has served a formal notice of Anil's request to the State Government.

FAQ

1. What is an injunction under Section 12B of the Essential Commodities Act, 1955?

Under Section 12B of the Essential Commodities Act, 1955, an injunction is a civil court order that stops or restrains a government authority or public officer from taking a specific official action under the law.

2. Can a civil court stop a government officer's action under Section 12B of the Essential Commodities Act, 1955?

Under Section 12B of the Essential Commodities Act, 1955, a civil court can only grant an injunction or other relief after a formal notice of the application has been served to the Central Government, State Government, or public officer involved, giving them a chance to respond.

3. Does Section 12B of the Essential Commodities Act, 1955, apply to both state and central governments?

Yes, under Section 12B of the Essential Commodities Act, 1955, this restriction on civil court injunctions applies to actions done or purporting to be done by the Central Government, any State Government, or any public officer acting in their official capacity.

Practice Quiz

Q1.Under Section 12B of the Essential Commodities Act, 1955, what is the absolute prerequisite before a civil court can grant an injunction or other relief against a public officer?

Q2.Under Section 12B of the Essential Commodities Act, 1955, which of the following is protected from immediate, unannounced civil court injunctions when acting under the Act?

Q3.Under Section 12B of the Essential Commodities Act, 1955, what type of judicial body is restricted from issuing immediate, ex-parte (unannounced) injunctions against official actions?

Q4.Under Section 12B of the Essential Commodities Act, 1955, what kinds of relief are subject to the requirement of prior notice before they can be granted against the government?

12APreviousSection 12A Power to try summarily 13NextSection 13 Presumption as to orders.

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