Court : Guwahati
..... are no longer in dispute, which may be briefly stated for disposal of the appeals :-the food corporation of india (hereinafter called 'fci' for short) is constituted under the food corporation act, 1964 (hereinafter called the 'act') for dealing with procurement/purchase of food grains and selling of the same through the different state governments in order to facilitate the public ..... it is contended by him that a conjoint reading of sections 3, 4, 6, 7, 12, 12a and 14 of the act read with regulations 2(b) (c) (d) and (e) of the food corporation of india (staff) regulations, 1971, unmistakably, conferred powers upon the central government to issue directions in the matter of appointment and ..... vested in the central government. in exercise of this power read with section 44 of the act, the central government has framed a set of rules, namely, the food corporation of india (staff) regulations, 1971. after going through the provisions of regulations, 1971, we are of the view that there is no .....
Tag this Judgment!Court : Guwahati
..... the administrative sphere is the question for adjudication which has surfaced in the following circumstances: 1. the respondent no. 1 is the food corporation of india, constituted and established under the (the) food corporations act, 1964. the respondent nos.2 to 5 are its officials. the petitioner is also working in the same establishment as technical assistant in ..... of the supreme court observed that the doctrine of legitimate expectation imposed in essence a duty on public authority to act fairly by taking into consideration or relevant factor relating to such legitimate expectation. in food corporation of india v. kamdhenu kettle field industries reported in (1993) 1 scc 71 the supreme court held that ..... revision which was numbered and registered as civil revision no. 124 of 1999. when the matter rested at that stage the following order was passed: '... the food corporation of india regional office: guwahati-7 no.estt.3(3)/83/tag-i dated 25.5.1999. shri p.p. kalit, a tag-i, do, guwahati .....
Tag this Judgment!Court : Guwahati
..... the administrative sphere is the question for adjudication which has surfaced in the following circumstances: 1. the respondent no. 1 is the food corporation of india, constituted and established under the (the) food corporations act, 1964. the respondent nos.2 to 5 are its officials. the petitioner is also working in the same establishment as technical assistant in ..... of the supreme court observed that the doctrine of legitimate expectation imposed in essence a duty on public authority to act fairly by taking into consideration or relevant factor relating to such legitimate expectation. in food corporation of india v. kamdhenu kettle field industries reported in (1993) 1 scc 71 the supreme court held that ..... revision which was numbered and registered as civil revision no. 124 of 1999. when the matter rested at that stage the following order was passed: '... the food corporation of india regional office: guwahati-7 no.estt.3(3)/83/tag-i dated 25.5.1999. shri p.p. kalit, a tag-i, do, guwahati .....
Tag this Judgment!Court : Guwahati
..... (supra) observed that such deletion naturally lends plausibility to the contention that the provisions of section 10(7) are mandatory and such observation has been so held in food inspector, corporation of calicut v. vincen and (sic) ram sarup tara chand v. the state. from the facts and circumstances and the evidence appearing the face of the record, ..... of one or more independent persons when he takes action under any of the provisions mentioned in the sub-section. prior to its amendment by act xlix of 1964, sub-section (7) ran thus: where the food inspector takes any action under the clause (a) of sub-section (1) . he shall, as far as possible call not less than ..... to witness the sample taking process. the apex court while dealing with the case of shri ram labhaya v. municipal corporation of delhi, reported in (1974) 4 scc 491 calling of the independent witness by the food inspector wile taking action under any of the provision of sub-section considered to be a mandatory obligation on the .....
Tag this Judgment!Court : Guwahati
..... 1987) 1 glr 260 (state of assam v. subkaran agarwalla) wherein it was held that since the certificate issued by the director, central food laboratory under. section 13(3) of the act supersedes the report given by the public analyst, the report of the public analyst became non-est and hence fresh consent under section 20( ..... question involved in the criminal revision is whether a fresh consent under section 20(1) of the pevention of food adulteration act, 1954 (for short 'the act') is required after issuance of the certificate by the director, central food laboratory.3. mr. kamar, learned counsel for the petitioner has contended that petitioner's conviction under section 16 ..... the co-accused. section 13 of the act contains provisions regarding the report of the public analyst and certificate of the director of central food laboratory. the law in this regard has been laid down by the apex court in a recent decision in the case of calcutta municipal corporation v. pawan kumar saraf, 1999(2) .....
Tag this Judgment!Court : Guwahati
..... india, regional office at guwahati, has challenged the communication dated 24.1.2003 issued by the joint manager (v & s), food corporation of india, zonal office (ne) refusing to allow the sri jatindra nath bora, a co-employee of the petitioner, to act as defence assistant in the departmental proceeding initiated against the petitioner and also for stay of the further proceeding of ..... /468/471 ipc and under section 13(i)(d) of prevention of corruption act, 1988. in the said charge sheet, the writ petitioner was also charge sheeted. the disciplinary authority, namely, zonal manager (ne) thereafter vide memorandum dated 29.8.2003 has drawn up a disciplinary proceeding under the food corporation of india (staff) regulations, 1971, (hereinafter referred to as the 1971 regulation .....
Tag this Judgment!Court : Guwahati
Reported in : (2010)27VST115(Gauhati)
..... said letter dated january 1, 1999, was a decision of this court, in civil rule no. 282 of 1990 see mahabir transport agency v. chairman, food corporation of india [1998] 109 stc 99 (gau). acting upon the letter, dated january 1, 1999, aforementioned, neepco issued a letter, dated january 2, 1999, to gail that they were required to deduct ..... by taking recourse to the rulemaking power in the statute, could not have made such a rule.24. a division bench of this court in smt. namita paul v. food corporation of india reported in : [2009] 20 vst 799 : [2008] 1 glt 49, had the occasion to consider the vires of rule 3a(2). having examined the scheme ..... purchase of gas from the ongc, the ongc realises 'sales tax' as chargeable under the tripura sales tax act, 1976, (in short, 'the tst act, 1976'). upon so purchasing gas, gail, in turn, sells the gas to north eastern electric power corporation limited (hereinafter referred to as, 'the neepco') a government of india undertaking, and also to the .....
Tag this Judgment!Court : Guwahati
..... short, 'the tribunal') for adjudication under section 10 of the industrial disputes act, 1947, (for short, 'the act, 1947'):'whether the claim of wages of 37 workers w.e.f. 1.8.1988 to 31.10.1989 (15 months) at par with direct payment system workers of food corporation of india is justified? if so, what relief the workers concerned are entitled ..... to add a party to a reference. it has been held by the supreme court in hochtief gammon v. industrial tribunal, air 1964 sc 1746:'section 10(4) which was also added by the same amending act provides,' inter alia, that the jurisdiction of the industrial tribunal would be confined to the points of dispute specified by the order of ..... appropriate government were whether the claim of wages of 37 workers with effect form 1.8.1988 to 31.10.1989 at par with direct payment system workers of food corporation of india was justified and, if so, what relief the workers concerned were entitled to? in the written statement filed on behalf of the workmen, and in .....
Tag this Judgment!Court : Guwahati
..... case while rejecting tender without indicating any cogent reason and in this respect the petitioner has referred the decision of the supreme court in : air1993sc1601 (food corporation of india v. kamdhenu cattle feed industries. the relevant paragraph 7 is quoted here under:'in contractual sphere as in all other state actions, the ..... there is no unfettered discretion in public law. a public authority possesses power only to use them for public good. this imposes the duty to act fairly and to adopt a procedure which is 'fairplay in action'. due observation of this obligation as a part of good administration raises a reasonable or ..... of telecommunication under ministry of communications and at present under the bharat sanchar nigam limited (in short called bsnl) a government company registered under the companies act, 1956, had submitted misc. petition before, the court starting that department of telecommunication, government of india had transferred all its assets and liabilities, of the .....
Tag this Judgment!Court : Guwahati
..... the appeal was that the administrator of the agartala municipality had no power to sanction the prosecution of the respondent under section 20 of the prevention of food adulteration act. the magistrate held that the administrator had the power as, in his opinion, the administrator was the local authority within the meaning of section 2( ..... had been superseded) to prosecute the respondent and written consent having been obtained the complaint was filed under section 16(i)(i) of the prevention of food adulteration act. 1954. the respondent was charged under the said section.3. in the course of the trial which followed the respondent did not contest the fact that ..... 1) of the prevention of food adulteration act. under section 20(1) a local authority has to give the written consent for the prosecution. local authority has been defined under section 2(viii) of the act. local authority in the case of a local area means a municipality, municipal board or municipal corporation. in our present case it .....
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