Court : Karnataka
..... . as already noted cotpa has repealed 383 the cigarettes (regulation of production, supply and distribution) act, 1975.106 ..... . subsequently, the cigarettes (regulation of production, supply and distribution) act, 1975 (hereinafter called as 1975 act for the sake of brevity) was enacted 404 to provide for certain restrictions in relation to trade and commerce in, and production, supply and distribution of, cigarettes and matters connected therewith and incidental thereto ..... at the same time, having regard to article 47 of the constitution, the parliament had enacted the cigarettes (regulation of production, supply and distribution) act, 1975. ..... . a perusal of the scheme of cotpa would indicate that the object of the act is to prohibit smoking in public places; prohibit advertisement of cigarettes and other tobacco products; prohibit sale of cigarettes or other tobacco products to a person below the age of eighteen years and in particular areas and to place restrictions on trade and commerce, 292 production, supply and distribution of cigarettes and other tobacco products by having a specified warning including a pictorial warning on every such tobacco package having regard to sections 8 to 10 of the act ..... . while doing so, the case has to be adjudicated on the factual background . [ 63 .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR1
..... the tobacco act, undoubtedly, states that a need for comprehensive legislation to prohibit advertising and regulation of production, supply and distribution of cigarettes and tobacco products was recommended by the parliament committee on subordinate legislation (tenth lok sabha) and the statute seeks to put total ban on advertising of cigarettes and other tobacco products and to prohibit sponsorship of sports and cultural events either directly or indirectly as well as sale of tobacco products to minors, and the objective of the statute is to reduce the exposure of people to tobacco smoke (passive smoking) and to prevent the sale of tobacco products to minors and to ..... . section 17 provides for adjudication for the purpose of confiscation ..... . section 33 relates to the repeal and saving of earlier legislation on the subject. 26 .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KarLJ470:2009(3)KCCRSN101:2009(4)AIRKarR184:2009Cri.LJ3081
..... that gutka even though falls within the definition of 'food' is not covered by provisions of pfa act but only covered under the provisions of cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 and therefore rule 62 of the pfa rules is not applicable nor the direction issued by central government dated 13-7-2006 exercising power conferred under section 22-a of the pfa act are applicable to gutka.13.2 in this regard learned senior counsel strongly placed reliance on the decision ..... : air 2004 sc 4057 : 2004 air scw 4483 : (2004)7 scc 68.13.3 it is further contended that in absence of any rules made under the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003, except for labelling and packing, neither the central government nor the state government can take any action against 6th respondent banning manufacture, storage, distribution and sale of gutka. ..... the pfa act was legislated for the prevention of adulteration of food whereas cigarettes and other tobacco products (prohibition of trade and commerce, production, supply and distribution) act, 2003 is intended to prohibit advertising and to regulate the trade and as such there is no conflict between the legislative objects between the two enactments.18. .....
Tag this Judgment!Court : Delhi
..... plaintiffs submit that said goods are being sold in violation of sections 8 & 9 of the cigarette and other tobacco products (prohibition of advertisement and regulation of trade & commerce, production, supply and distribution) act, 2003 read with the relevant provisions of the cigarette and other tobacco products (packaging and labelling) rules,2008. ..... , the said cigarettes were also bereft of the proper packaging and labelling prescribed under the legal metrology act, 2009 for the import, sale, distribution and advertising of any product. ..... infringement of plaintiff s trademark registrations referred above; (ii) an order for permanent injunction restraining the defendants, whether acting by themselves or through their partners or proprietor, as the case may be, their officers, servants, agents and representatives, or any of them, from in any manner using, by way of manufacture, sale, distribution and/or advertisement, the plaintiffs trademark/ packaging or any other mark/ packaging deceptively similar thereto in respect of cigarettes from doing any other thin as is likely to lead to passing off of their business ..... , if the impugned packs, which are genuine products of the plaintiffs meant for sale outside india, have been lawfully acquired from the said market by a person and thereafter sold in the local market by him or others representing him or purchasing them from him, it would not amount to infringement of plaintiffs trademarks by virtue of section 30(3)(b) of the act.41. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4057; 2004(5)ALLMR(SC)970; 2005(1)BomCR194; JT2004(6)SC179; (2004)4MLJ67(SC); 2004(6)SCALE388; (2004)7SCC68; 2004(2)LC1449(SC)
..... the provisions of the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 are directly in conflict with the provisions of section 7(iv) of the prevention of food adulteration act 1954. ..... it has also been said: 'rule-making is normally directed toward the formulation of requirements having a general application to all members of a broadly identifiable class' while, 'adjudication, on the other hand, applies to specific individuals or situations'. ..... , : [1964]4scr461 : ''the entire theory underlying implied repeals is that there is no need for the later enactment to state in express terms that an earlier enactment has been repealed by using any particular set of words or form of drafting but that if the legislative intent to supersede the earlier law in manifested by the enactment of the provisions as to effect such supersession, then there is in law a repeal notwithstanding, the absence of the word 'repeal' in the later statute. ..... the tobacco board act, 1975 established a tobacco board for development of tobacco industries in the country. .....
Tag this Judgment!Court : Mumbai
..... the act regulates supply and distribution of tobacco products as would be clear from the provisions of section 31(2)(b) of the act which provides that the central government may make rules to carry out the provisions of the act to specify the maximum and permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to section 7(5) which requires the manufacturer/supplier/distributor of tobacco products to indicate on the baggage or on its label, the nicotine and tar contents on all the concerned tobacco product alongwith the maximum permissible limits thereof. ..... (iii) when the new act contains a repealing section mentioning the acts which it expressly repeals, the presumption against implied repeal of other laws is further strengthened. ..... (iv) the new law will be construed as impliedly repealing an existing law only if there is no other alternative construction which allows both laws to operate and if the two are so repugnant or inconsistent that the two cannot stand together. ..... (ii) the legislature while enacting a law necessarily has complete knowledge of the existing laws and when it does not provide a repealing provision, the intention is clearly not to repeal existing legislation. ..... it is submitted that the fss act,2006 should not be construed as impledly repealing the cotpa act, 2003, because: (i) there is a presumption against implied repeal. ..... there is no implied repeal of the cotpa act, 2003. .....
Tag this Judgment!Court : Mumbai
..... the act regulates supply and distribution of tobacco products as would be clear from the provisions of section 31(2)(b) of the act which provides that the central government may make rules to carry out the provisions of the act to specify the maximum and permissible nicotine and tar contents in cigarettes or other tobacco products under the proviso to section 7(5) which requires the manufacturer/supplier/distributor of tobacco products to indicate on the baggage or on its label, the nicotine and tar contents on all the concerned tobacco product alongwith the maximum permissible limits thereof. ..... (iii) when the new act contains a repealing section mentioning the acts which it expressly repeals, the presumption against implied repeal of other laws is further strengthened. ..... (iv) the new law will be construed as impliedly repealing an existing law only if there is no other alternative construction which allows both laws to operate and if the two are so repugnant or inconsistent that the two cannot stand together. ..... (ii) the legislature while enacting a law necessarily has complete knowledge of the existing laws and when it does not provide a repealing provision, the intention is clearly not to repeal existing legislation. ..... it is submitted that the fss act,2006 should not be construed as impledly repealing the cotpa act, 2003, because: (i) there is a presumption against implied repeal. ..... there is no implied repeal of the cotpa act, 2003. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)
..... (3) whether the state of gujarat had legislative competence to enact the gujarat gas (regulation of transmission, supply and distribution) act, 2001.the relevant scope and meaning of entry-53 of list-i and entry-25 of list-i i (of the seventh schedule) had to be determined. ..... act 36 of 1957 repealed section 56 as initially enacted. ..... at this stage writ petitions were filed either in the nature of prohibition or certiorari as the case may be, assailing the jurisdiction of the authorities under the 1964 act, to either adjudicate upon the claims of the co-operative banks, assailing the awards passed, certificates issued or the execution proceedings initiated. ..... in the karnataka itc case (44 supra), the majority had held that the provisions of the karnataka agricultural produce marketing (regulation) act, 1966 are invalid as repugnant to the union legislation - the tobacco board act, 1975 and that the 'tobacco' should be excluded from the schedule of the karnataka law. ..... in considering whether the expression 'petroleum and petroleum products' or 'mineral oil resources' in entry-53 of list-i includes 'natural gas or its derivative forms', the supreme court (per k.g. ..... , : [1998]231itr148(sc) ; the paper products ltd. v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
..... this was a reference by the president of india under article 143(1) of the constitution of india about gujarath gas (regulation of transmission, supply and distribution) act 2001. ..... there was inadequate production of sugar-cane; that the dues towards the government were negligible; the machinery was in good condition; efforts were being made to improve sugar-cane cultivation and there was stock of 13,900 quintal sugar, 3700 metric tones molasses and 1,000 metric ton bagas, the commissioner (sugar) and the additional registrar, cooperative societies, was pleased to pass final order under section 102(2) of the mcs act, thereby confirming the ..... having recorded all the events, which are relevant for the purpose of adjudication of these writ petitions, now it is not necessary to consider pleadings in the writ petitions, word by word. ..... the factual matrix, as can be gathered from the synopsis submitted by respective counsel, as submitted during oral arguments and by reference to certain documents in the record of various writ petitions, can be stated as follows; godavari dudhna sahakari sakhar karkhana ('sick factory') was registered under the maharashtra cooperative societies act, 1960 ('mcs act'), on 12.12.1975. ..... it ran successfully from 1975 to 2000, having membership more than 10,000. .....
Tag this Judgment!Court : Allahabad
..... the gujarat gas (regulation of transmission, supply and distribution) act, 2001, so far as the provisions contained therein relating to natural gas or liquefied natural gas (lng) are concerned, is without any legislative competence and the act is to that ..... they have been regularly purchasing natural gas for the manufacture of urea and other products and providing form c under section 8(4) of the central sales tax act, 1956 readwith rule 12 of the central sales tax (registration and turnover) rules, 1957 (in short rules) to the seller, ..... law does not abrogate an earlier special one by mere implication generalia specialibus non derogant, or in other words, where there are general words in a later act capable or reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special legislation indirectly repealed, altered, or derogated from merely by force of such general words without any indication of a particular intention to do so. ..... by the parties' counsel, we are adjudicating the dispute under the following heads: (i) facts (ii) maintainability of writ petition (iii) constitutional and statutory provisions (iv) law commission report on article 286 (v) central sales tax act 1956 (vi) literal construction/deemed provision in section 3 of the cst act (vii) central sales tax (registration and turnover) rules,1957 (viii) u.p. ..... and others reported in 1975 (4) scc 30 as well as tata iron and .....
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