Judgment Search Results Home > Cases Phrase: bombay diseases of animals act 1948 maharashtra section 36 rules Court: chennai Page 1 of about 41 results (0.068 seconds)

United India Insurance Co. Ltd Vs. Mrs.Padmini

Court : Chennai

..... . 1989 (2) llj 30.this court , while dealing with the requirement of causal connection between the employment and the death in order to bring the accident within section 3 of the act, has stated thus: ...it is not necessary that it should be established that the workman died as a result of exceptional strain or some exceptional work that he did on the day ..... . chairman and trustees, bombay port trust 1954-i-llj 614.which reads thus: ...but, if the employment is a contributory cause, or if the employment has accelerated the death, or if it could be said that the death was due not only to the disease but the disease coupled with the employment, then the employer would be liable and it could be said that the death arose out of the employment of ..... maharashtra state road transport corporation, 1991-i-llj-66 ( ..... for granted that the deceased was suffering from the above ailment, considering the duties of a night watchman, who has to go around the factory premises, in the night hours, the likelihood of acceleration of any existing disease, cannot be ruled out ..... suffered a stroke, due to cerebral hemorrhage and hypertension, there is a causal link between the death and the employment injury, which he sustained during the night hours on 12.03.2007, and that the same cannot be ruled out.20 ..... assuming that the deceased had blood pressure and ailment, yet the stress and strain involved in the duty of a watchman, during night hours, keeping vigil inside the factory premises, cannot be ruled out .....

The State of Tamil Nadu Vs. Tvl.Glaxo India Limited

Court : Chennai

..... of repelling insects like mosquitoes;(ii)such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of (vermin) or insects which cause disease in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette;(iii)all substances intended for use as components of a drug including empty gelatin capsules; and(iv)such devices intended ..... -c of first schedule reads as follows: entry 20(a) of part c of first schedule(a) medicines conforming to the following description:any medicinal formulation or preparation ready for use internally or externally for treatment or mitigation or prevention of diseases or disorders in human being or animals (excluding products capable of being used as creams, hair oils, tooth pastes, tooth powders, cosmetics, toilet articles, soaps and shampoos), but including (i)allopathic medicine. ..... section 3(b) of the drugs and cosmetics act, the word drug has been defined as including all medicines used for internal or external use of human beings or animals intended to be used for mitigation or prevention of any disease ..... state of maharashtra and another, (1977) 2 scc 548 also considered the scope of the explanation to a statutory provision and held in paragraph 9 as follows: 9.....it is true that the orthodox function of an explanation is to explain the meaning and effect ..... collector of customs, bombay, air 1997 sc 3467 .....

Novartis AG represented by It's Power of Attorney Ranjna Mehta Dutt Vs ...

Court : Chennai

Reported in : (2007)4MLJ1153

..... vague and offends article 14 of the constitution of india.for a better understanding of the attack to the amended section, we feel that it is desirable to extract hereunder section 3(d) of the principal act; the nature of amendment to that section sought to be brought in by the ordinance and the amended section itself:unamended section 3(d): the mere discovery of any new property or new use of a known substance or of the mere use ..... 's case referred to supra , wherein, the supreme court had held as follows:our own court has generally taken the view that ascertainment of legislative intent is a basic rule of statutory construction and that a rule of construction should be preferred which advances the purpose and object of a legislation and that though a construction, according to plain language, should ordinarily be adopted, such a ..... to show is, how effective the new discovery made would be in healing a disease/having a good effect on the body? ..... state of maharashtra, this court said that legislature has different ways of expressing itself and in the last analysis ..... act, 1970 (act 39/1970) noticed that since the 1911 enactment, there had been substantial changes in the political and economic conditions of the country and therefore a need has arisen for a comprehensive law so as to ensure more effectively that patent rights are not worked out to the detriment of the consumer or to the prejudice of trade or the industrial development of the country, which was felt as early as 1948 ..... bombay .....

Mrs. S. Bagavathy Vs. State of Tamil Nadu, Rep. by Its Secretary, Law ...

Court : Chennai

Reported in : 2007(2)CTC207

..... hand, the full bench of the bombay high court struck down the maharashtra act and declared the same to be ultra vires holding that the maharashtra act directly conflicts with the provisions of the central legislation such as, companies act, 1956, reserve bank of india act, 1934 read with banking regulation act, 1949, of course, following delhi cloth ..... that the state government never intended to enact any legislation, the subject matter of which is governed under the existing laws, namely section 58a of the companies act, 1956, which only regulates the acceptance of the deposits and section 45s of reserve bank of india act, 1934 which prohibits the acceptance of the deposits, but only intended to protect the interest of the depositors for realization of the ..... (a) objects and reasons(b) definitions under section 2(c) attachment of properties by competent authority under section 3(d) statutory offence and penalty under sections 5 and 5a(e) special court and confirmation of interim attachment under sections 6 and 7(f) attachment of properties of mala fide tranferees under section 8(g) security and administration of the property attached and appeal under sections 9 and 10b) tamil nadu protection of interests of depositors (in financial establishments) rules, 1997c) validity with reference to the principles of ..... of india, referred supra, which deals with section 58a of the companies act, 1956 and rule 3a of the companies (acceptance of deposits) rules, as well as the decision of the delhi .....

Selvi J. Jayalalitha, Vs. the Union of India (Uoi), Rep. by Its Secret ...

Court : Chennai

Reported in : [2007]288ITR225(Mad)

..... challenge to section 28b of the uttar pradesh sales tax act, 1948 and rule 87 of the rules made under the act. ..... reading of the above provisions, it is evident that the following factors will have to be established by the prosecution :that the accused person has failed to furnish the return under section 139(1) or by notices under section 142 or section 148 or section 153 of the act;that the accused person has not done it in due time.once these two factors are established, it is for the accused person to prove beyond reasonable doubt that the failure was ..... if a person wilfully fails to furnish in due time the return of fringe benefits which he is required to furnish under sub-section (1) of section 115wd or by notice given under sub-section (2) of the said section or section 115wh or the return of total income which he is required to furnish under sub-section (1) of section 139 or by notice given under clause (i) of sub-section (1) of section 142 or section 148 or section 153a, he shall be punishable, -(i) in a case where the amount of tax, which would have been evaded if the failure had not ..... . state of maharashtra], the supreme court holds a presumption of fact has been held as '...an inference of fact drawn from another proved fact taking due note of common experience and ..... 1948 bombay 364 and : ..... state through cbi, bombay (ii)] : [1982]133itr909(sc) ..... bombay municipal corporation] ..... chandigarh] : 1961crilj856 [state of bombay v. ..... he relied on : 1961crilj856 [state of bombay v. .....

Dr.J.Santhosh Kumar. Vs. the Block Medical Officer.

Court : Chennai

..... acts, namely, the bombay homoeopathic practitioners' act, 1959, the indian medical council act, 1956 and the maharashtra medical council act, 1965 indicates that a person who is registered under the bombay homoeopathic practitioners' act, 1959 can practise homoeopathy only and that he cannot be registered under the indian medical council act, 1956 or under the state act, namely, the maharashtra medical council act ..... the educa-tion of the individual in principles of personal hygiene,the organisation of medical and nursing service for the early diagnosis and preventive treatment of disease, and the development of the social machinery which will ensure to every individual a standard of living adequate for the maintenance of health: it is ..... modern scientific system of medicine under the drugs and cosmetics rules, 1945, subject to certain limitations.79.the information received by the block medical officer, respondent herein, through the deputy director of health services, kallakurichi, under section 43 of the act, is the cause for constituting a team for inspection ..... such a state as to be prejudicial to health or a nuisance;(3) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;(4) any accumulation or deposit of refuse or other matter which is prejudicial to health or a nuisance;(5) any factory (not being a factory governed by the provisions of the factories act, 1934'), workshop or workplace, which is not provided with sufficient means of ..... act, 1948 .....

State by Public Prosecutor Vs. Vaithi

Court : Chennai

Reported in : 1983CriLJ1565

..... state of maharashtra : 1966crilj106 , was a case where mangaldas, a wholesale dealer, commission agent, exporter, supplier and manufacturer of various kinds of spices doing business at bombay, was prosecuted along with two others, daryanomal, who is a grocery merchant at nasik and one kodumal, servant of daryanomal,under section 16 (1) (a), read with section 7 (v) of ..... of the department is compelling the vendor to part with the sample, because of the statutory obligation and further because prevention of the taking such a sample by the food inspector is itself an offence under section 16 (1) (b) of the act, then there is no 'sale' and that it is only a case of seizure or compulsory acquisition though it may externally wear the form of semblance of a 'sale'. ..... finally, the learned judge held that there is no offence under section 7 (i) of the act, if there is merely a compulsory seizure of a sample by the officer of the department, because such seizure, even if money be paid therefor, will not ..... further, it has not been brought to my notice as to what provision of the act or the rules the food inspector is said to have not complied with if he does not stir the milk ..... rules, would vitiate the trial or the conviction recorded under section 16 (1) (a) (i)of the act. ..... there is an infraction of the rule or the provision of the act, the order of acquittal can be justified on the ground that there is non-compliance by the food inspector of a particular provision of the act or of the rules. .....

The Deputy Director, Enforcement Directorate, Madras Vs. P. Mansoor Mo ...

Court : Chennai

Reported in : 1989(20)ECC147

..... of the court that the respondents were absconding till the disposal of the writ petitions, that though orders of detention under the provisions of the conservation of foreign exchange and prevention of smuggling activities act (for short, cofeposa act) have been passed on the basis of the materials inclusive of the statements of the respondents, those orders could not be implemented on account of the order restraining the authorities from making use ..... case, the customs officials detains any person required or summoned under the provision of the customs act for a prolonged period, even exceeding twenty four hours, or keeps him in closed doors as a captive prisoner surrounded by officials or locks him in a room or confines him to an office premises, he does so at his peril, because sections 107 and 108 of the customs act do not authorise the officer belonging to the customs department to detain a person for a ..... the settled view of the supreme court is that as a matter of prudence and caution, which has sanctified itself into a rule of low, a retracted confession cannot be made solely the basis for a conviction unless the same is corroborated, but it dose not necessarily mean that each and every circumstance mentioned in the confession regarding ..... state of maharashtra, : 1978crilj1678 , and for the other submission that every act of an executive authority, there must be legislative sanction, he relied upon state ..... division bench of the bombay high court in pukhraj ..... of bombay v ..... of bombay v .....

State by Public Prosecutor Vs. K. Rangaraju Chettiar

Court : Chennai

Reported in : 1971CriLJ1023

..... find him guilty of the offence punishable under sections 7 (1) and 16 (1) read with section 2 (1) (a) and (n) of the prevention of food adulteration act and convict and sentence the accused-respondent ..... what the accused contended and which contention has found acceptance at the hands of the learned sessions judge is that it would not be an offence under the act, if an article intended for human consumption is sold to a customer on the express understanding that it should be given to cattle and not consumed by ..... we have a special definition of 'sale' in section 2 (xiii) of the act which specifically includes within its ambit a sale for ..... in any possible understanding between the seller and the buyer as to the use to which the article sold is to be put, but whether the article intrinsically is article of food, or, as denned in section 2 (v) (a), an article which ordinarily enters into, or is used in the composition or preparation of human food.mr. ..... rama-krishnan j, held that the definition of sale in section 2(xiii) of the act is very wide and covers not merely a sale for human consumption, but a sale for analysis, exposing for sale or having in possession for sale, would all be brought within the ..... of the full bench, the three learned judges of the bombay high court approve of the ratio found in varanasi municipality ..... the state of maharashtra, : 1966crilj106 their lordships of the supreme court considered the two cases of sales to a sanitary inspector who had purchased the commodity from .....

All India Anna Dravida Munnetra Kazhagam Represented by Party Election ...

Court : Chennai

Reported in : AIR2006Mad125

..... natwarlal damodardas soni), the supreme court dealing with section 135 of the customs act and rule 126-h(2)(d) of the defence of india rules negatived narrow construction of a statutory provision which would emasculate the provisions and render them ineffective as a weapon for combatting ..... namely, if the officer/employee of a company dies during the course of his employment, whether the arm of section 630 of the companies act can be extended to the legal representatives of such deceased employee was also under consideration in that case. ..... is involved in the writ petition; any decision rendered by this court on the point raised would have a far reaching impact in the preparation of electoral rolls and if the writ petition is allowed on a narrow reading of section 31 of 'rpa 1950', it will allow persons, who are guilty of violating the process of preparation of electoral rolls, to escape. ..... i further submit that i am aware of the provisions of section 140a of the j&k; r.p.act, 1957 and section 31 of the r.p.act, 1950, under which the making of a statement or declaration which is false and which the person making that statement/declaration either knows or believes to be false or does not believe to be true is a penal offence, and that i ..... state of maharashtra) where it was held 'any narrow and pedantic, literal and lexical construction of food laws is likely to leave loop-holes for the offender to sneak out of the mashes of law and should be discouraged ..... bombay gas company limited .....