Court : Mumbai
..... great social evil and for ensuring public welfare especially in the offences against public health. it was held that the scheme of the act envisaged that compliance with the regulatory provisions will be promoted by imposing an absolute liability. it was held that adulteration and misbranding of foodstuffs is a rampant evil and ..... are as follows:- 5. the bill, inter alia, incorporates the salient provisions of the prevention of food adulteration act, 1954 (37 of 1954) and is based on international legislations, instrumentalities and codex alimentaries commission (which related to food safety norms). in a nutshell, the bill takes care of international practices and invisages ..... human consumption and for matters connected therewith or incidental thereto. the statement of objects and reasons of the fss act inter-alia sets out in detail that the then member-secretary, law commission of india, was asked to make a comprehensive review of food laws of various developing and developed countries and .....
Tag this Judgment!Court : Andhra Pradesh
..... of time, to raise the dispute of an alternate remedy to non-suit the petitioners. in bharat heavy electricals ltd. v. union of india ((1996) 4 scc 230), ashok leyland ltd. v. union of india ((1997) 9 scc 10), rapti commission agency v. state of u.p., ((2006) 6 scc 522), zunaid enterprises v. state of m. ..... parameters applicable to certiorari proceedings. we see no reason, therefore, to now relegate the petitioners to the statutory remedy of appeals under the provisions of the ap vat act. ii. are the subject contracts divisible or indivisible contracts? it is submitted, on behalf of the petitioners, that the assessing authority has integrated two divisible separate ..... the petitioners for installation and erection; the petitioner takes care and custody of these free issue material, acts as an agent or as a bailee of the goods; the goods are handed back to the owner after installation and commissioning; the concept of free issues is well recognized in the field of execution of projects or works .....
Tag this Judgment!Court : Kerala
..... of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; and (d) issue commissions for examination of witnesses. (2) in the case of any affidavit, any officer appointed by the tribunal, the registrar, the arbitrator or any other person deciding ..... a dispute regarding the terms of employment, working conditions, and disciplinary action taken by a co- operative society notwithstanding anything contrary contained in the industrial disputes act, 1947(central act 14 of 1947)." 10. "co-operative societies" fall under entry 32 of the state list. "industrial and labour disputes" fall under w.a. ..... a dispute regarding the terms of employment, working conditions, and disciplinary action taken by a co-operative society notwithstanding anything contrary contained in the industrial disputes act, 1947(central act 14 of 1947)". w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:59. :- the apex court after noticing article 254 .....
Tag this Judgment!Court : Andhra Pradesh
..... 1 scc 206 paragraph 17). 35.5 in himachal pradesh state electricity regulatory commission and another v. himachal pradesh state electricity board (2014) 5 scc 219)the supreme court while considering the effect of retrospectivity in the light of section 6 of the general clauses act, observed in paragraph 18 as under:- .................... whenever there is a ..... september, 2007 to march, 2008 for grant of unified access services (uas) licences to the private respondents in terms of the recommendations made by telecom regulatory authority of india (trai) is vitiated due to arbitrariness and mala fides and is contrary to public interest?; and second, whether the policy of ..... repeal of an enactment, the consequences laid down in section 6 of the general clauses act .....
Tag this Judgment!Court : Mumbai
..... such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed. ? 40. section 24 thereof provides for continuation of orders issued under enactments repealed and reenacted and reads thus: 24 ..... of the joint parliamentary committee on waqf were considered by the central waqf council. the various issues and the need for amendments to the act were also considered in consultation with other stakeholders such as the all india muslim personal law board, representatives of the state governments and the chairmen ..... single member tribunal can proceed to decide the disputes as contemplated under the amended section 83(1). mr. khan submitted that the principal act as also amendment act contemplate different statutory authorities. each of such authorities must exercise the functions within the four corners of the statute. in support of this proposition .....
Tag this Judgment!Court : Delhi
..... observed: 38... any conduct which has the tendency to interfere with the administration of justice or the due course of judicial proceedings amounts to the commission of criminal contempt. the swearing of false affidavits in judicial proceedings not only has the tendency of causing obstruction in the due course of judicial ..... held that the income generated attributable directly to the building only remains included in the gross turnover and other income included without cost of direct consumables/commission and the amount spent on the repairs and maintenance and on insurance and repairs and renewals are also deductible from gross turnover. the licence deed ..... any action in pursuance of order of cancellation dated 21st february, 2015 and for restraining them from disconnecting electricity, water and other amenities are clearly barred by section 15 of the public premises (eviction of unauthorised occupants) act, 1971. 30.10. the suit with respect to prayers (iii) and (iv) was not maintainable .....
Tag this Judgment!Court : Delhi
..... this point..." another relevant decision on the subject is rajesh awasthi v. nandlal jaiswal 2013 (1) scc 501 which examined the appointment to the electricity regulatory commission under the electricity act, 2003; the relevant provision (section 84 (1)) stated that the chairperson and members "shall be persons of ability, integrity and standing who have ..... srfi or the fifth respondent's role; (5) no information with respect to any routine expenditure of srfi i.e. maintenance, expenses, salary, coaching fee, electricity, etc, which was supposedly by the fifth respondent; (6) the claims of fifth respondent were never verified for instance, whether he actually contributed rs.75 lakh ..... society, which regulates cricket in india and represents the sport in the country in the international regulatory body, i.e. international cricket council (icc), and underlined its public functions and spelt out its obligations to act fairly and in good faith: as a member of icc, it represents the country in .....
Tag this Judgment!Court : Delhi
..... disciplinequalification with minimum 2 years relevant experience in the concerned discipline.maximum age: 32 years12air traffic controlfirst class engineering degree in electronics/telecommunication/radio engg./electrical with specialization in electronics or equivalent note: the executives in the cadre of communications and atc will be inducted after passing the specialized training/ ..... engaged to manage the airports were the employees of the central government and were paid wages as recommended from time to time by the pay commissions subject to such changes as were made by the central government. in other words these employees were receiving salary as per the cda pattern. ..... (ii) successful completion of specified training course in air traffic control at the civil aviation training centre. 5. on april 01, 1972 by an act of parliament the international airport authority of india was constituted and four international airports : delhi, bombay, calcutta and madras were handed over to the .....
Tag this Judgment!Court : Andhra Pradesh
..... case of a contract awarded to the highest bidder under a tender but because of five years of time lag on account of non-receipt of the costal regulatory zone (crz) clearance, the board of trustees decided to cancel the tender and passed a resolution, which was subject matter of challenge. the supreme court relied ..... applied. the disputes about the meaning of a covenant in a contract or its enforceability have to be determined according to the usual principles of the contract act. every act of a statutory body need not necessarily involve an exercise of statutory power. statutory bodies, like private parties, have power to contract or deal with property. ..... someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: "the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"?. and (ii) whether the public interest is affected?. if the answers to the above questions are in .....
Tag this Judgment!Court : Mumbai
..... be made good by the authority itself. but when the sufferance is due to mala fide or oppressive or capricious acts etc. of a public servant, then the nature of liability changes. the commission under the act could determine such amount if in its opinion the consumer suffered injury due to what is called misfeasance of the officers ..... cover. when a citizen seeks to recover compensation from a public authority in respect of injuries suffered by him for capricious exercise of power and the national commission finds it duly proved then it has a statutory obligation to award the same. it was never more necessary than today when even social obligations are regulated ..... entitled to test the samples, is incorrect. the said notification reads as under:- no. 83-dir (enf.)/fssai/2011 food safety and standards authority of india (a statutory regulatory body of govt. of india) ministry of health and family welfare 3rd floor, fda bhawan, kotla road new delhi-110002 dated : 5th july, 2011 to, food safety .....
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