Court : Allahabad
Decided on : Aug-03-1989
Reported in : 1990CriLJ1898
..... is not so.14. in order to judge the aforesaid conclusion it may be useful to make a reference to the salient features of sections 19 and 20a of the act. by sub-section (2) of section 19 a vendor shall not be deemed to have committed an offence it he proves that he had purchased the adulterated article after purchasing it ..... the conduct of the partners in the business, the law enjoins that such partners must also be impleaded along with the firm. it may be remembered that section 16, of the act provides both types of punishments, that is corporal as well as sentence of fine. if only corporal punishment was prescribed then firm may well have been excluded ..... of the oil tins from m/s. meena oil products, newajkheda, aishbagh, lucknow. the two samples were apparently found adulterated hence two prosecutions under section 7/16 p. f. a. act (for short the act) by way of criminal complaint ensued. criminal case no. 210/1981 relates to the sample from open tin while criminal case no. 1767/81 relates .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1989
Reported in : 1990ACJ41; AIR1990All30; [1993]76CompCas624(All)
..... amendment of certain provisions therein. thus where there is a repeal of an enactment, the consequences laid down in s. 6 of the general clauses act will follow unless, as the section itself says, a different intention appears. in the case of a simple repeal there is scarcely any room for expression of contrary opinion. but when ..... right although it may place a bar against the remedy by suit.7. under s. 217 of the new act while repealing the old act certain savings have been made relating to some investigation etc. as enumerated in sub-section (2) thereof. these provisions do not specifically include the saving in respect of pending claim petitions. this seems ..... clauses of s. 217(2), s. 6 of the general clauses act also has been made applicable. section 6 of the general clauses act to the extent relevant for our purpose is as under:--'where this act or any central act or regulations made after re-enforcement of this act repeals any enactment hitherto made or hereafter be made, then, unless .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-04-1989
Reported in : AIR1990All22
..... preliminary question.4. this court, after hearing the counsel for the applicant, is satisfied that on the facts and in the circumstances of the case, the court below did not act illegally or with material irregularity in exercise of jurisdiction in declining to decide the question of maintainability of the application of the defendant-opposite party, first set, under o. ix .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-30-1989
Reported in : AIR1990All55; (1990)2UPLBEC946
..... management to file the petition either at allahabad or at lucknow :(2) workers' interest would suffer; (3) in a socialist democracy slant should be towards the weaker sections of the society like the workers; (4) petitions pending at allahabad are of different nature; (5) the present petitioner is not a party to the petitions pending ..... petitioner. on the facts of the present case, reference to those authorities is not necessary as we have proceeded to examine the legality or validity of the acting chief justice's order accepting the legal proposition canvassed by the learned counsel and contained in the said authorities. however, in deference to the learned counsel, ..... in the chief justice can obviously be exercised in the interest of due administration of justice and in this case the discretion was exercised by hon'ble acting chief justice in the interest of justice for transferring the lucknow case to allahabad for the above reason. i respectfully agree with my learned brother that the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-04-1989
Reported in : 1990CriLJ87
..... no procedure regarding orders for interim custody, of seized property before the conclusion of the trial and procedure of trial have been given in the forest act (a special act), section 5 of the code cannot prohibit the criminal courts from applying provisions of criminal p.c. with regard to orders of interim custody, orders of final ..... forest. it is a matter of common knowledge that kattha is extracted from khair trees. in uttar pradesh, chapter viii-a has been added in the principal act. section 51a(a) of this chapter empowers the state government to make rules to provide for the establishment and regulation by licence, permits otherwise (and the payment of ..... respect to the forest produce but is confined to tools, boats, carts or cattle seized with forest produce.16. then comes the important provision of the act, namely, section 54 which relates to powers of the magistrate before trial. it reads as under:--'procedure thereupon-- upon the receipt of any such report the magistrate shall, .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-08-1989
Reported in : AIR1990All93; (1990)1UPLBEC324
..... the same subject and the remaining six months in an allied department. in the recommendations made by the medical council of india, which have been approved by section 33 of the indian medical council act, criteria for the selection of candidates is provided which are as follows:--'criteria for the selection of candidates:(a) students for post-graduate training should be selected .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-04-1989
Reported in : 1991CriLJ2293
..... the result to the vendor from whom the sample has been taken and also to the person, whose name, address and other particulars have been disclosed under section 14-a of the act, within 10 days from the receipt of the report from the public analyst).'rule 9-a further amended in july, 1984 and word 'immediately' was substituted ..... passed by sri r.s. pandey ivth additional sessions judge, rae bareli whereby he had maintained the conviction and sentence of the petitioner under sections 7, 16 of the prevention of food adulteration act.2. the prosecution case is that on 23-2-1981 at about 12 o'clock sri ram shanker food inspector visited the shop of the ..... 2 k.p. srivastava. the judicial magistrate, special court, rae bareli by his order dated 26-11-1981 convicted the applicant under sections 7/16 of the prevention of food adulteration act (hereinafter referred to as the act) and sentenced him to 6 months' rigorous imprisonment and further awarded a fine of rs. 1000/-.4. aggrieved by the said order .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-06-1989
Reported in : [1992]196ITR243(All)
..... any person to whom a summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act, or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to ..... the petitioners have the remedy of applying for stay of recovery to the commissioner of sales tax under clause (a) of the second proviso to sub-section (1) of section 13 of the act.'23. reference was also made to certain high court decisions and particularly to the case of karnataka industrial areas development board v. cit : [1987]168itr96( ..... alleged to have been passed by the commissioner of income-tax purporting to have been passed, in exercise of the powers conferred on him under sub-section (3) of section 132 of the act. but even after the expiry of one week, the shop continued to remain sealed off with the result that the petitioner had to incur heavy .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-18-1989
Reported in : AIR1990All78; (1990)1UPLBEC248
..... on a point raised in an election petition unsettled or in a fluid state or be set with diametrically opposite views of benches of equal strength sections 80a and 86 of the act do not intend in their letter or spirit to negative the law of the land on the subject of adherence to precedent and the hierarchy of ..... judge could not provide reason for referring the matter to a larger bench.3. the jurisdiction to try an election petition under the act vests in the high court. sub-s.(2) of section 80a of the act provides :--'2) such jurisdiction shall be exercised ordinarily by a single judge of the high court and the chief justice shall, from ..... has referred the following questions of law for decision by a larger bench:--'(1) whether substantial compliance of any mandatory provision of the law, especially of sub-section (3) of sec. 81 of the representation of the people act shall be sufficient, or whether there should be literal compliance in order to save dismissal of the election petition under .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-18-1989
Reported in : 1990(27)ECC14
..... the decision of the authorities regarding the classification matter. however, the show cause notice dated 14.10.1985 could be challenged by means of an appeal under section 35b of the central excise and salt act, 1944. learned counsel for the petitioner was unable to tell us whether such an appeal had been filed. the fact that the petitioner could file appeal ..... --and since they are of dyed/printed variety, there is no need to go into the meaning of the expression 'any other process' in item 19-i(b) or in section 2(f)(v). the reliance placed by the appellants on the principle of ejustdem generis is misplaced because no question of ejusdem generis arises here.'9. as said above, in .....
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