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United Phosphorus Ltd., Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 3, 24, 24(3), 24(4) and 31(1); Drugs and Cosmetics Act - Sections 25 and 25(4)

Reported in : 2009(111)BomLR973

analysis issued by their own laboratory. The necessary sanction was accorded as required Under Section 31(1) of the Insecticides Act, 1968, on 1.4.1998 by the Commissioner of Agriculture. The Insecticide Inspector lodged complaint before the learned Judicial Magistrate, Aurangabad

indofil Chemicals Company, Bombay and Others Vs. Kunwarsingh Madhaosin ...

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Article 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 198, 199, 466, 468(2), 469 and 469(1)

Reported in : 1996CriLJ1234

the Court below against the Petitioners alleging offence under Section 29(1)(b) and Section 9(1)(3) and Section 17(1)(c) of Insecticides Act, 1968. The allegation in the complaint is that the accused No. 1 is a company and accused Nos. 2 … impugned criminal proceedings. It was argued that there was no sanction to prosecute the accused as required under Section 31 of the Act and therefore, the proceedings are liable to be quashed. Then it was submitted that the

Ajay Handa Vs. the State of Punjab

Court : Punjab and Haryana

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 3, 3K(1), 17, 18, 18(2), 24, 27(5), 29, 31, 31(1) and 33; Insecticides Rules, 1971 - Rules 25(5) and 27(5); Code of Criminal Procedure (CrPC) , 1974 - Sections 155(2), 156(1) and 482

Reported in : 1995CriLJ2002

N.K. Kapoor, J.1. Petitioner seeks quashing of complaint under Sections 3(k)(i), 17, 18 29 and 33 of the Insecticides Act, 1968 (for short 'the Act') read with Section/Rule 27(5) of the Insecticides Rules, 1971, (for short 'the Rules') and … unless the sanctioning authority has applied his mind and has assigned reasons for granting the sanction, purpose of Section 31 of the Act becomes meaningless and illegal. According to the petitioner, even the names of the persons to

Ajay Pratap Singh. Vs. State of Bihar.

Court : Patna

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sction 482; Indian Penal Code (IPC) - Sections 409, 420, 468, 471, 478, 412, 120; Insecticides Act, 1968 - Section 18, 31

chargesheet under Sections 409, 468, 471 and 120B of the Indian Penal Code and Section 18 of the Insecticides Act, 1968. After submission of the chargesheet, cognizance was taken and, while the case reached to the stage of charge, … the Insecticides Act (hereinafter to be referred to as `the Act') is contrary to the provision contained in Section 31 of the Act. It was submitted by learned counsel for the petitioner that there is specific bar under

B.A.S.F. India Ltd. and ors. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Criminal

Acts : Insecticides Act, 1968 - Sections 3(A), 17, 18, 29(1) and 31(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2005CriLJ714; RLW2004(2)Raj1225; 2004WLC(Raj)UC350

ORDERIn exercise of the powers conferred under Sub-section (1) of Section 31 of the Insecticides Act, 1968 (Central Act 46 of 1968) and after careful examination of the case, I hereby give written consent on

Commissioner of Income Tax 4 Vs. Techno Shares and Stocks Limited and ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(13), 2(36), 32, 32(1) and 47; Indian Easements Act, 1882 - Sections 52; Indian Contract Act, 1872; Industries (Development and Regulation) Act, 1951 - Sections 11; Central Excise Act, 1944 - Sections 6; Securities Contracts (Regulation) Act, 1956 - Sections 17; Banking Regulation Act, 1949 - Sections 22; Cantonments Act, 2006; Food Safety and Standards Act, 2006 - Sections 31; Insecticides Act, 1968 - Sections 13; Off-shore Areas Mineral (Development and Regulation) Act, 2002; Bombay Prohibition Act, 1949 - Sections 31; Patents Act, 1970; Copyrights Act, 1957; Trade Marks Act 1999; Bombay Shops and Establishments Act, 1948 - Sections 2(4); Societies Registration Act, 1860; Maharashtra Rent Control Act, 1999 - Sections 3(1)

Reported in : 2009(111)BomLR3801; (2009)225CTR(Bom)337; [2009]184TAXMAN103(Bom)

2006 is mandatory. To manufacture, sale and distribution of insecticides, licence is mandatory under Section 13 of the Insecticides Act, 1968. To explore minerals, licence is necessary under the Off-shore Areas Mineral (Development & Regulation) Act, 2002. To manufacture, … of a private market or slaughter house in the cantonment area. To carry on food business licence under Section 31 of the Food Safety & Standards Act, 2006 is mandatory. To manufacture, sale and distribution of insecticides, licence

Hindustan Ciba Geigy Ltd. and ors. Etc. Vs. State of Rajasthan and ors ...

Court : Rajasthan

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Companies Act - Sections 16, 19, 22, 24, 24(4), 29(1) 31, and 31(1); Insecticides Act, 1968; ;Insecticides Rules, 1971

Reported in : 1995CriLJ618; 1995(1)WLC124

to why proceedings for cancellation of their registration and licence be not initiated under the provisions of the Insecticides Act, 1968 (in short, 'the Act') and the Insecticides Rules, 1971 (in short 'the Rules'). (iii) The petitioner-Company in its … Section 24(4) of the Act has become illusory and meaningless. They have further contended that the consent under Section 31 of the Act was also bad and illegal, since no particulars regarding the produce, the report of the

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

Court : Mumbai

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 … of any particular State Government, exempt the payment of the fee for such as it may consider reasonable.(G) Section 31 of the Insecticides Act reads thus:Cognizance and trial of offences. (1) No prosecution for an offence under this

Dr. Cheeran Abraham Varghese Vs. Maulvi Ab. Hamid

Court : Jammu and Kashmir

Subject : Criminal

Acts : Insecticides Act, 1988 - Sections 3, 17, 18, 27, 29 and 31; ;Ranbir Penal Code Svt, 1989- Sections 419, 420 and 500; ;Code of Criminal Procedure (CrPC) - Sections 182, 195 and 561A; ;Indian Penal Code (IPC) - Sections 172 to 188; ;Insecticides Act, 1968 - Section 29

Reported in : 1990CriLJ533

such risk to human being or animals as to render it expedient or necessary to take immediate action. Section 31 of the Insecticides Act provides that no prosecution for an offence under this Act shall be instituted except … The allegations in the complaint would amount to an offence punishable Under Sections 17 and 18 of the Insecticides Act. No prosecution for the said offence can be launched without the written consent of the competent authority. Petitioner … not an offence grouped Under Section 29 of the Insecticides Act of 1968.11. Offences punishable Under Sections 419 and 420 RPC relate to cheating by

Lachhi Ram (Laxminarain) and ors. Vs. Inspector, Insecticides, Sri Gan ...

Court : Rajasthan

Subject : Criminal

Reported in : 1979WLN16

presented this application under Section 482, Cr.P.C., for quashing the proceedings against them under 18(2) 29 of the Insecticides Act, 1968 (46 of 1968)(hereinafter referred to as 'the Act') on a complaint presented by Harbans Singh, Insecticides Inspector before … from the Dy. Director (Plant Protection), Rajasthan, Jaipur, who is a person authorised by the State Government under Section 31(1) of the Act. This consent was for the prosecution of Messrs Thakur Dass and sons.3. A point was