Court : Kerala
Decided on : Apr-02-1986
Reported in : AIR1986Ker256
Sukumaran, J. 1. The forty eight. writ appeals now raise one vital point about vires, scope and amplitude of Rule 6 of the Water (Prevention and Control of Pollution) Cess Rules, 1978. The rule has been framed under the Water (Prevention and Control of Pollution) Cess Act, 1977 (Central Act 36/77) (hereinafter referred to for brevity's sake as the 'Cess Act'). The inter connection between the Cess Act and the Water (Prevention and Control of Pollution) Act, 1974, (hereinafter referred to as the 'Pollution Act') (Central Act 6/74) would be an important facet of the question under consideration.2. The writ petitions sought diverse reliefs; and raised before the learned single Judge three points :(i) The Pulp Division is not a 'Specified industry' within the meaning of Section 2(c) of the Act, and no cess can consequently be levied in respect of that Division under Section 3; (ii) The proceedings of the appellate committee are vitiated by legal bias; and (iii) Rule (6) of the Water (Prev...
Tag this Judgment!Court : Kerala
Decided on : Aug-29-1986
Reported in : 1987CriLJ521
ORDERK.G. Balakrishnan, J.1. All these cases have been referred to the Division Bench as Qur learned Brother Sreedharan, J. felt that some common questions of general importance are involved in these cases.2. Criminal Appeal No. 316 of 1982 has been filed against the order of acquittal passed in S.T.C. 147 of 1979 on the file of the Additional Judicial First Class Magistrate, Tellicherry. On 15-3-1979 the Food Inspector of Tellicherry Municipality purchased 3 bottles of vinegar from the shop of the 2nd accused, who is a dealer in vinegar and other food stuffs. Each bottle contained 650 m.l. of vinegar with a label thereon 'coconut vinegar'. After all the formalities were complied with, the sample was sent to the Public Analyst. After analysis it was found that the article did not conform to the standard prescribed for vinegar as given in A. 20 of Appendix B of the Prevention of Food Adulteration Rules, 1955. The first accused is the proprietor of Venus Swadeshi Fruit Products, Calicut,...
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