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Mar 19 2008

Ashok Agencies Represented by Its Manager Shri Ashok Kumar S/O Sri Puk ...

Court : Karnataka

Decided on : Mar-19-2008

Subject : Sales Tax/VAT

Acts : Karnataka Value Added Tax Act, 2003 - Sections 3A(1), 4, 4(1), 22, 24, 39, 42B(1) and 42B(2); Insecticides Act, 1968 - Sections 3; Insecticides Rules, 1971; Tamil Nadu General Sales Tax Act, 1959; Insecticides Act, 1963

Reported in : ILR2008KAR4299; 2008(6)AIRKarR16(DB)

judgment. Karnataka Value Added Tax Act, 2003 - Section 4--Liability to Tax and Rates thereof--Entry 23 of III Schedule--Insecticides Act, 1968--Section 3(e)--'Insecticide'--Definition of--Assessment of--Tax on the turn over relating to sales of mosquito repellants at 12.5% under the Karnataka

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Jun 19 1992

Bharat Pulverising Mills Limited Madras Vs. the Joint Director of Agri ...

Court : Chennai

Decided on : Jun-19-1992

Subject : Civil

Acts : Insecticides Act, 1968 - Sections 3, 14, 19, 20, 22, 24 and 21(1); Insecticide Rules, 1971 - Rules 21, 22, 23 and 24; Insecticides Act, 1958; Standards of Weights and Measures Act, 1976 - Sections 83 and 29; Weights and Measures (Packaged Commodities) Rules, 1977

Reported in : AIR1993Mad74; (1992)IIMLJ511

order, the petitioner preferred an appeal to the appellate authority, who is the Director of Agriculture, under the Insecticides Act, 1968 and the appellate authority upheld the order of the original authority. Hence the petitioner is before the Court … to appredate the contentions of both parties, it is necessary to extract the relevant provisions of the Act. Section 3(e) of the Act reads as follows:'(e) 'insecticide' means. (i) any substance specified in the schedule; or (ii) … Assistant Agricultural Chemist, Aduthurai, submitted his report stating that the contents showed 238 ml. as against 250 ml. declared on the label and his report

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Jan 21 2000

Sri Kamlesh Purkait and anr. Vs. Sri Sambhunath Dey, Drug Inspector an ...

Court : Kolkata

Decided on : Jan-21-2000

Subject : CivilFood Adulteration

Acts : Drugs and Cosmetics Act, 1940 - Sections 18A, 23(4), 27(4) and 28A(4);; Companies Act, 1956;; Insecticides Act, 1968;; Prevention of Food Adulteration Act, 1954

Reported in : (2000)3CALLT424(HC)

a Judgment of the Hon'ble apex Court reported in : 2000CriLJ2962 , which is a case under the insecticides Act. 1968. In the said Judgment it was held by the Hon'ble apex Court as follows :--'The procedure for testing … of the said sample to the manufacturer of said product as per the provision of sub-section (4) of section 23(4) of the Drugs and Cosmetics Act, 1940. According to Mr. Basu non-compliance of the said provision has vitiated

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Apr 29 2004

Nirmmal Kumar Bothra and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Apr-29-2004

Subject : Criminal

Acts : Companies Act, 1956 - 23(4); ;Code of Criminal Procedure (CrPC) - Sections 397, 401 and 482; ;Indian Penal Code (IPC) - Sections 120B and 272; ;Essential Commodities Act; ;Insecticides Act, 1968; ;Drugs and Cosmetics Act, 1940

Reported in : 2005(2)CHN88

have perused the said decision. It appears that the case before the Hon'ble Supreme Court was under the Insecticides Act, 1968. In the said Act there are clear provisions for taking of the sample and sending the same to … Sadhan Kumar Gupta, J.1. This revisional application has been filed under Section 397/401 read with Section 482 of the Cr. PC. The case of the petitioners is that petitioner No. … that there the case was under Drugs and Cosmetics Act, 1940. Section 23(4) of the said Act clearly provided the procedure to be followed for

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Jun 21 2010

Shivkumar Alias Shiwalamal Narumal Chugwani Proprietor of Kanhaiya Gen ...

Court : Mumbai

Decided on : Jun-21-2010

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 3, 20, 22, 22(6), 24, 24(1), 24(3), 24(4), 24(5), 27, 27A, 29, 31 and 33; ;Prevention of Food Adulteration Act, 1954 - Sections 10(6) to (8), 12, 13, 13(2), 14, 14A, 17, 17(2), 20 and 20A; ;Seeds Act, 1966 - Sections 15(1), 15(2), 16, 16(1), 19 and 21; ;Code of Criminal Procedure (CrPC) , 1973 - Section 16 (1AA), 42 and 319; ;Drugs and Cosmetics Act, 1940 - Sections 18A, 23(4), 25, 25(1), 27, 28, 28A, 28B, 29, 30 and 32; ;Indian Penal Code (IPC) - Section 166; ;Insecticides Rules, 1971 - Rules 12B and 25; ;The Drugs and Cosmetic Rules, 1945 - Rules 3 and 45 ; ;Food Adulteration Rules

the offences taking place in relation to Prevention of Food Adulteration Act 1954, The Seeds Act 1966, The Insecticides Act 1968 and The Drugs and Cosmetics Act 966 and in the instant cases in relation to Prevention of Food … a sample of any drug [or cosmetic] has been submitted for test or analysis under subsection (4) of Section 23, shall deliver to the Inspector submitting it a signed report in triplicate in the prescribed form.(2) The Inspector

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Apr 14 1991

Ravi Parkash S/O Shri Gian Chand and anr. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Apr-14-1991

Subject : CriminalFood Adulteration

Acts : Insecticides Act, 1968 - Sections 3, 7, 13, 17, 18, 23, 29, 30, 30(1), 30(3), 30(8) and 33; Insecticides Rules, 1971 - Rule 27(5); Prevention of Food Adulteration Act

Reported in : 1991CriLJ2538

the decision of the Division Bench of this Court partaining to the cancellation of the licence under the Insecticides Act, 1968, in the last paragraph of the judgment had observed as under :--'The High Court took the view that … Rule 27(5) of the Insecticides Rules, 1971. The second controversy is regarding the applicability of the provisions of Section 23 of the Act qua the liability of the Chairman and Managing Director of the manufacturing company.2. The brief

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May 30 2005

Biochem Pharmaceutical and ors. Vs. State

Court : Delhi

Decided on : May-30-2005

Subject : Criminal

Acts : Drugs and Cosmetics Act, 1940 - Sections 18, 18A, 22, 23, 23(4), 25 and 27; Insecticides Act, 1968; Constitution of India - Article 227; Code of Criminal Procedure (CrPC) - Sections 482

Reported in : 121(2005)DLT207; 2005(82)DRJ653

Act as well as those on the Drugs and Cosmetics Act will be relevant for the analysis. The Insecticides Act, 1968 has very similar provisions. Both Insecticides Act and the Drugs and Cosmetics Act require the sample to be … Galaxy Medicos. The complainant vide its letter dated 22.1.1998 informed manufacturing firm that as per the requirement of Section 23(4) of the Act, the third sample portion of the drug had been sent to the person whose name

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Sep 26 2001

Ashok Sureshchand Bal and ors. Vs. State of Maharashtra

Court : Mumbai

Decided on : Sep-26-2001

Subject : CriminalFood Adulteration

Acts : Drugs and Cosmetics Act, 1940 - Sections 16(1), 18, 18A, 19(3), 23, 23(4), 25, 25(3), 25(4) and 27; Code of Criminal Procedure (CrPC) , 1974 - Sections 179, 180, 245(2), 201 and 319; Prevention of Food Adulteration Act - Sections 13(2); Insecticides Act, 1968

Reported in : (2002)1BOMLR483; 2002(1)MhLj211

In State of Haryana v. Unique Farmaid (P) Ltd. and others (supra), while dealing with the provisions of Insecticides Act, 1968, the accused within the statutory time limit had notified to the Inspector of his intention to adduce evidence … petitioners.(2) That no sample of the drug in question has been given to the petitioners in accordance with section 23 of the said Act.(3) The valuable right available under section 25(4) has been denied to the petitioners.In view

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Feb 19 2009

Pepsico India Holdings Pvt. Ltd. Vs. the Food Inspector and ors.

Court : Kerala

Decided on : Feb-19-2009

Subject : Food Adulteration

Acts : Prevention of Food Adulteration Act, 1954 - Sections 2, 2(1A), 4, 8, 13, 13(2), 16, 17, 17(1) and 23(1A); Insecticides Act, 1968; Negotiable Instruments Act - Sections 138 and 141; Code of Criminal Procedure (CrPC) - Sections 205, 218 and 482; Prevention of Food Adulteration Rules, 1955 - Rule 65, 65(1) and 65(2)

Reported in : 2009CriLJ2224; 2009(1)KLJ665

For the purpose of this rule:(a) the expressions 'insecticide' shall have the meaning assigned to it in the Insecticides Act, 1968 (46 of 1968);(b) unless otherwise stated:(i) xxxxxxxxxxxxxxx(ii) all foods refer to raw agriculturalproducts moving in commerce.(3)xxxxxxxxxxxxxx(emphasis supplied - … may be quashed on various grounds raised by them invoking the extraordinary inherent jurisdiction of this Court under Section 482 Cr P.C.2. To the skeletal facts first. Samples of carbonated beverages allegedly manufactured by M/s. Pespsico India … grounds:(1) No rules having been framed at the relevant time under Section 23(1-A)(ee) of the Act by the Central Government defining the laboratories where samples

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Mar 10 1998

Jaishree Agro Industries Pvt. Ltd. and ors. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Mar-10-1998

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 17(1), 18(1), 22(6), 23(3), 24(4) and 29; Insecticides Rules

Reported in : 1998CriLJ1865

Magistrate has taken cognizance of offences punishable under Sections 17(1)(a) and 18(1)(c) read with Section 29 of the Insecticides Act, 1968 (for short 'the Act').2. Briefly stated the facts giving rise to the present petition are that the petitioner … of the Pesticides Laboratory, Bikaner was challenged with a request that in view of the provisions of Sections 23(3) and 24(4) of the Act, the counter-sample for re-testing of the said product be sent to the Central

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