Judgment Search Results Home > Cases Phrase: destructive insects and pests act 1914 Page 1 of about 471 results (0.131 seconds)

S.R. I. Roller Mills Pvt. Ltd. and Etc. Vs. Union of India and Others

Court : Mumbai

Reported in : AIR1992Bom79; 1992(59)ELT361(Bom)

..... 293 of 1990), has also held that the destructive insects and pests act, 1914, does not empower either the central government or the state government or any other authority to impose such fees. ..... the actual article imported need not be a 'crop', if pluses which are imported into india are infected with any harmful insects or fungus or the like which may adversely affect any crops in the country, there is no reason why u/s.3 of the destructive insects and pests act, 1914, their import cannot be regulated or banned. 5. ..... 3(1) of the destructive insects and pests act, 1914 and the same order of 1989 under which inspection and supervisory charges are levied. ..... he has also submitted that the original act, namely, the destructive insects and pests act, 1914 applies only to crops. ..... it was submitted before us by learned advocate general who has extensively argued the case on behalf of the respondents, that the principles enumerated above do not apply to the destructive insects and pests act, 1914 because it is a pre-constitutional law. ..... 3(1) of the destructive insects and pests act, 1914, the central government has no authority to levy inspection fees in respect of timber logs and pulses imported into india.21. ..... to take the second submission first, it is not correct to say that the destructive insects and pests act, 1914 applies only to crops. s. ..... now, the destructive insects and pests act, 1914 does not give any express power to the central government to levy inspection fees. .....

Sarda Plywood Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 1991(33)ECC29; JT1991(5)SC197; 1991(1)SCALE468; 1991Supp(1)SCC225; [1990]Supp3SCR6; 1991(2)LC256(SC)

..... destructive insects and pests act, 1914 (hereinafter referred to as the 'act')- it was contended before the high court that the quarantine regulations for the detention, inspection, fumigation, etc of the logs of timber imported for the specific purpose of manufacture of plywood can have no nexus to the object of the act which was to prevent the introduction into india and prevent the transport from one state to another insects, fungus or other pests destructive ..... , importation would be allowed under a license from the agricultural department.and in the speech to move for leave to introduce the bill sir edward maclagan said: my lord, the government was addressed some years ago by the bombay chamber of; commerce, who pointed out that most other countries had protected themselves by, somewhat stringent measures from the damage done to agriculture and gardening by the introduction of destructive insects and other pests. ..... the need for treatment and the like envisaged in the notification rightly pre-supposes the potentiality of the timber logs for carrying those insects and pests.there is no substance in the contention advanced by the petitioner that the purpose for which the timber logs are imported must decide the question ..... the law is to protect plant-life in india from such alien insects, fungus, and pests which might be introduced into the country through imported articles contaminated with ..... act is to prevent introduction into india of any insect, fungus or other pest destructive .....

Suttons and Sons (India) Pvt. Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1995(75)ELT229(Cal)

..... in exercise of the powers conferred by sub-section (1) of section 3 of the destructive insects and pests act, 1914 (2 of 1914), and in supersession of plants, fruits and seeds (regulation of import into india ) order, 1989 for the purpose of prohibiting and regulating the import into india of agricultural articles mentioned in the said order, the plants, fruits and seeds (regulation of import into india) order, 1989 was promulgated. ..... for sowing or planting in form 'd' specified in condition (3)(i) of clause 3 of the plants, fruits and seeds (regulation of import into india) order 1984, issued under sub-section (i) of section 3 of the destructive insects and pests act, 1914.ministry of agriculture has since informed that all such materials imported as accompanied baggage or through international postal channel for consumption of sowing/planting shall be allowed without import permit and phytosanitary certificate (copy of the letter enclosed).in view of the above, conditions of the aforesaid exemption ..... 56(e) - in exercise of the powers conferred by sub-section (1) of section 3 of destructive insects and pests act, 1914 (2 of 1914), the central government hereby makes the following amendment in the plants, fruits and seeds (regulation of import into india) order, 1989, namely :-1. .....

Veneer Mills Vs. Union of India (Uoi)

Court : Karnataka

Reported in : ILR1994KAR1533; 1995(1)KarLJ607

..... this batch of cases have been filed by importers of timber challenging the levy of inspection fee on plants imported into india on the ground that levies under clause 3(12) and clause 12 of the plants, fruits and seeds (regulation of import into india) order, 1989 read with section 3 of the destructive insects and pests act, 1914, is not applicable to commercial timber logs imported into india.2. ..... at the time of filing of the petitions, the petitioners had challenged the validity of the inspection fee on the ground that the same was not authorised under section 3 of the destructive insects and pests act, 1914 ('act' for short). ..... 1 we shall now take up the contention that no services are rendered to the petitioners inasmuch as the whole object of the act is only to protect the plant life in india and prevent alien insects, fungus and pest which might be introduced into the country through imported articles contaminated with them or carried by them. ..... bill which ultimately became the act which is under consideration before us and after referring to the international agreements entered into by the government of india and other countries and certain standard works on the subject as encyclopedia americana (vol:23) as also interstate barriers in indian and american constitutional experience: lawrence f.ebb: stanford law review, concluded as follows:'the object of the law is to protect plant life in india from such alien insects, fungus, and pests which might be introduced into the .....

R. Piyarelall Import and Export Ltd., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2006(4)BomCR637; [2006(3)JCR181]; 2006(6)MhLj123

..... order, 1989 was issued under section 3(1) of the destructive insects and pests act, 1914 (hereinafter to be referred to as 'the act of 1914).4. ..... the petitioners in this writ petition seek to challenge the constitutional validity of the destructive insects and pests (amendment and validation) act, 1992 (hereinafter to be referred to as 'the validation act, 1992). ..... the company says that though section 3(1) of the act of 1914 empowers the government of india to prohibit or regulate the import into india of any articles likely to cause infection to any crop or any insects but the said provision does not empower the central government to levy any inspection fee. ..... in the circumstances, the parliament amended act of 1914 by validating act of 1992 and inserted sub-section (3) to section 3 with retrospective effect from 27th october, 198927. ..... union of india, the division bench of this court held that the levy of inspection fee under section 3(1) of the act of 1914 was unconstitutional and ultra vires and that the central government has no power to levy any inspection fee under the act of 1914. ..... the calcutta high court had also taken the view that the act of 1914 does not empower the central government to levy any fee for inspection.26. ..... section 3 of the act of 1914 as was existing at that time did not provide for any specific power to the central government to levy and collect the inspection fee. .....

C.V. Karunakaran Vs. the Chairman, Central Board of Excise and Customs ...

Court : Chennai

Reported in : 2009(171)LC254(Madras); 2010(249)ELT324(Mad)

..... customs stations;(i) provisions of the trade and merchandise marks at, 1958 (43 of 1958);(j) prohibitions on import and export;(k) bonding procedure and clearance from bond;(l) re-importation and conditions for free re-entry;(m) drawback;(n) offences under the act;(o) the provisions of allied acts including imports and exports (control) act, 1947 (18 of 1947), foreign exchange regulation act, 1973 (46 of 1973), indian explosives act, 1884 (4 of 1884), arms act, 1959 (54 of 1959), opium act, 1978 (1 of 1878), drugs and cosmetics act, 1940 (23 of 1940) destructive insects and pests act, 1914 (2 of 1914), dangerous drugs act, 1930 (2 of 1930) in so far as they ..... (j) prohibitions on import and export;(k) bonding procedure and clearance from bond;(l) re-importation and conditions for free re-entry;(m) drawback and export promotion schemes;(n) offences under the act;(o) the provisions of allied acts including the foreign trade (development and regulation) act, 1992 (22 of 1992), the central excise act, 1944 (1 of 1944), foreign exchange management act, 2000 (42 of 1999), the indian explosives act, 1884 (4 of 1884), the arms act, 1959 (54 of 1959), the narcotics drugs and psychotropic substances act, the drugs and cosmetics act, 1940 (23 of 1940), destructive insects and pests act, 1914 (2 of 1914), the .....

Al Marwa Traders Vs. Asst. Commissioner of Imports

Court : Kerala

Reported in : 2007(1)KLT381

..... betel nuts which are freely importable under the exim policy, subject to clearance under the provisions of the plant, fruits and seeds (regulation of import into india) order 1989 and the plant quarantine (regulation of import into india) order, 2003, issued under the provisions of the destructive insects and pests act, 1914. ..... in force relating to sea customs and to goods, the import of which is prohibited by section 18 of the sea customs act, 1878 (8 of 1978), shall, subject to the provisions of section 16 of this act, apply in respect of articles of food, the import of which is prohibited under section 5 of this act, and officers of customs and officers empowered under that act to perform the duties imposed thereby on a commissioner of customs and other officers of customs shall ..... the central government in this behalf, may detain any imported package which he suspects to contain any article of food the import of which is prohibited under section 5 of this act and shall forthwith report such detention to the director of the central food laboratory and, if required by him, forward the package or send samples of any suspected article of food found therein to the said laboratory.7 ..... them, the respondents have only complied with the said directions which are perfectly in accordance with the provisions of the prevention of food adulteration act and rules, in view of the supreme court decision declaring betel nut as an item of food.5. we have considered the rival contentions in detail.6 .....

Leaap Forwarders (P) Ltd. Vs. Commissioner of Central Excise and Custo ...

Court : Andhra Pradesh

Reported in : 2001(3)ALD216; 2001(3)ALT131; 2001(135)ELT58(AP)

..... ), dangerous drugs act, 1930 (2 of 1930) insofar as they ..... assessment and payment of duty; (h) examination of merchandise at the customs stations; (i) provisions of the trade and merchandise marks act, 1958 (43 of 1958); (j) prohibitions on import and export; (k) bonding procedure and clearance from bond; (1) re-importation and conditions for free re-entry; (m) drawback; (n) offences under the act; (o) the provisions of allied acts including imports and exports (control) act, 1947 (18 of 1947), foreign exchange regulations act, 1973 (46 of 1973); indian explosives act, 1884 (4 of 1884), arms act, 1959 (54 of 1959), opium act, 1878 (1 of 1878), drugs and cosmetics act, 1940 (23 of 1940), destructive insects and pests act, 1914 (2 of 1914 .....

S.R.i. Roller Mills Pvt. Ltd. Vs. Union of India

Court : Mumbai

Reported in : 1992(59)ELT361(Bom)

..... required to consider the same provisions of section 3(1) of the destructive insects and pests act, 1914 and the same order of 1989 under which inspection and supervisory charges are levied. ..... 293 of 1990), has also held that the destructive insects and pests act, 1914, does not empower either the central government or the state government or any other authority to impose such ..... pulses which are imported into india are infected with any harmful insects or fungus or the like which may adversely affect any crops in the country, there is no reason why under section 3 of the destructive insects and pests act, 1914, their import cannot be regulated or banned. 5. ..... our view, looking to the provisions of section 3(1) of the destructive insects and pests act, 1914, the central government has no authority to levy inspection fees in respect of timber logs and pulses imported into india. 21. ..... also submitted that the original act, namely, the destructive insects and pests act, 1914 applies only to crops. ..... submitted before us by learned advocate general who has extensively argued the case on behalf of the respondents, that the principles enumerated above do not apply to the destructive insects and pests act, 1914 because it is a pre-constitutional law. ..... are levied under clauses 3(12) and 12 of the plants, fruits and seeds (regulation of import into india) order, 1989, issued in exercise of the powers conferred on the central government by section 3(1) of the destructive insects and pests act, 1914. .....

Ravindra Kamalakant Shukla @ Ravindra K. Shukla and anr. Vs. Commissio ...

Court : Kolkata

..... of regulations 9(3)(a) to 9(3)(p) of the 1984 regulations except for the changes indicated hereinbelow: regulation 9(3)(m) and 9(3)(o) of the 1984 regulations provided as follows : (m) drawback; (o) the provisions of allied acts including imports and exports (control) act, 1947 (18 of 1947), foreign exchange regulation act, 1973 (46 of 1973), indian explosives act, 1884 (4 of 1884), arms act, 1959 (54 of 1959), opium act, 1878 (1 of 1878) drugs and cosmetics act, 1940 (23 of 1940) destructive insects and pests act, 1914 (2 of 1914), dangerous drugs act, 1930 (2 of 1930) in so far as they are relevant to the clearance of goods through ..... destructive insects and pests act, 1914 [2 of 1914 ..... by an agent of the owner, importer or exporter of any goods shall, unless the contrary is proved, be deemed to have been done with the knowledge and consent of such owner, importer or exporter, so that in any proceedings under this act, the owner, importer or exporter of the goods shall also be liable as if the thing had been done by himself. ..... appointed by the person in charge of a conveyance and any person who represents himself to any officer of customs as an agent of any such person in charge, and is accepted as such by that officer, shall be liable for the fulfilment in respect of the matter in question of all obligations imposed on such person in charge by or under this act or any law for the time being in force, and to penalties and confiscations which may be incurred in respect of that .....