Court : Gujarat
Reported in : (1990)1GLR384
..... & haryana high courts. 16. the food corporation of india was set up under the food corporation act, 1964. it can without incurring the liability of employing workmen where work is of an intermittent nature, employ a contractor for supply of labour or for handling certain works of the corporation. without in any way reflecting upon the bona fides of a public sector corporation to engage a contractor for supply of labour treating it as a commodity, we may assume that the corporation can engage a contractor for supply of labour. the act shows that the act was enacted to provide for the establishment of food corporation for the purpose of trading in food-grains and other food stuffs and for matters connected .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1485
..... or any person who operates in market area either for purchase or sale of agriculture produce or for processing agriculture produce for sale.5. the learned counsels appearing on behalf of respondents, mr. panchal and mr. vakharia, have rightly pointed out that under the provisions of the food corporation act, 1964 the petitioner is a corporate body under section 3 having perpetual succession and common seal with power to acquire, bold and dispose of property and to contract, and may, by same name, sue and be sued.section 13(i .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj91; (2000)1GLR620
..... petitioner for passing its trucks to and fro the godowns and the heavy vechicles had caused damage to the roads for which the municipality had to spend huge amount, hence also food corporation of india is not entitled to any refund. it is also pleaded that under section 72 of the indian contract act, the claim of the petitioner corporation could be raised before the civil court and not before the high court under article 226 of the constitution of india. another plea is that 31 per cent of the ..... passed in compliance of the order of the division bench of this court which was confirmed by the director of municipalities.23. similarly in state of madhya pradesh v. bhailal bhai, air 1964 sc 1006 the apex court considered the question of validity of payment of sales tax and consequent refund under section 72 of the contract act. it observed that where sales tax asse'ssed and paid by the dealer is declared by a competent court to be invalid in law, the payment of tax already made is one made .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ888
ORDERS.R. Brahmbhatt, J.1. The applicant State of Gujarat has preferred this application under Section 5 of the Limitation Act seeking condonation of delay of 25 days caused in preferring the Criminal Appeal No. 217 of 2005 filed under Section 378(1)(B) of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code for short) challenging the judgment and order of acquittal dated 5.10.2004, passed by the learned JMFC, Vijapur in Criminal Case No. 1551 of 1994 acquitting the respondent of the charges of commission of offence under Section 2(1)(a), 7(1), 7(5) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (herein after referred to as 'the Act' for short).2. Heard learned APP Shri Patel for the applicant State of Gujarat. The reasons mentioned for delay of 25 days appear to be genuine and the delay, ordinarily would have been condoned. However, looking to the decision impugned in Criminal Appeal No. 217 of 2005 and the records and papers pertaining to Crim...
Tag this Judgment!Court : Gujarat
Reported in : (2003)2GLR1013
M.S. Shah, J. 1. Rule. Mr. Panesar, learned Counsel waives service of Rule for the respondents. In the facts and circumstances of the case, the petitions are taken up for final disposal today. 2. In Special Civil Application No. 3344 of 2002 under Article 226 of the Constitution, the petitioner has challenged the validity of Regulation No. 60 of the Food Corporation of India (Staff) Regulations, 1971 insofar as the said Regulation prescribes the procedure for imposition of minor penalties and has also challenged Circular No. 3 dated 11-9-2001 (Annexure 'E' to the petition) in providing imposition of penalty on account of transit loss, storage loss and down-gradation of foodgrains as being illegal, unreasonable and violative of principles of Natural Justice, The petitioner has also prayed for a direction to respondent No. 4-Food Corporation to evolve scientifically norms about the percentage of losses on account of transit loss, storage loss and down-gradation of foodgrains on the line ...
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1270
1. Food Corporation of India - appellant No.2 ( hereinafter referred to as 'FCI') and Union of India appellant No.1 - the appellants have filed this appeal under Section 39(vi) of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the Old Act') against the judgment and order dated 20th December, 1990, passed by the learned 2nd Joint Civil Judge (S.D.), Jamnagar, in Civil Misc. Application No.111 of 1989 filed by parties under Sec.14 of the Arbitration Act making award as a rule of the court under sec.14 of the Act while Civil Misc.Application No.172/89 has been filed for challenging the award dated 7.6.89 passed by the Arbitrator under Section 33 of the Act which provides award to be contested by applicant read with sec.30 of the Act which provides grounds for setting aside the award.2. It may be noted that the learned Judge was pleased to allow Civil Misc.Application No.111/89 making award as a rule of the court whereas the learned Judge was pleased to reject Civil Misc.App...
Tag this Judgment!Court : Gujarat
Reported in : AIR1989Guj209; (1989)1GLR330
Gokulakrishnan, C.J. 1. In the special civil application No.4387/86 the petitioners have prayed for issuing a writ of mandamus or any other writ, direction or order for declaring S. 6 Notification at Annexure-C to the petition as illegal and void in law and direct the respondents therein not to take any proceeding under the provisions of the said Act based on such S. 6 Notification. In special civil application No. 6718/87 the very same relief is prayed for in respect of the petitioners Nos. 9, 10, 11 and 12 in special civil application No. 4387/86 who have been dropped as on date from the array of petitioners mentioned in special civil application No. 4387/86. The petitioners in special civil application No. 6718/87 have filed the petition separately since, according to them, the Nondh numbers which are 8 18 and 81.9 are not mentioned in the notice issued under S. 210 of the Bombay Provincial Municipal Corporations Act and for other reasons.2. Learned counsel appearing for the respect...
Tag this Judgment!Court : Gujarat
Reported in : (1995)1GLR803
K.J. Vaidya, J.1. This appeal filed through the instrumentality of the State of Gujarat by the Food Inspector, Ahmedabad, is directed against the impugned judgment and order of acquittal dated 15-9-1992 passed by the learned Metropolitan Magistrate, Court No. 8, Ahmedabad rendered in Criminal Case No. 1 of 1987 wherein the respondent Shambhubhai Jivrambhai Patel, who came to be tried for the alleged offence punishable under Section 7 read with Section 16(a) of the Prevention of Food Adulteration Act, 1955 was ordered to be acquitted on the short ground, viz., that when the case was called out, the complainant was absent.2. On going through the impugned judgment, prima facie two remissness, firstly on the part of the learned Magistrate and thereafter on the part of Complainant-Food Inspector surfaces. They are; the learned Magistrate has committed a patent and obvious error in throwing away the case merely on the ground that Complainant-Food Inspector was absent when the matter was call...
Tag this Judgment!Court : Gujarat
Reported in : (1986)1GLR341
..... .a. at the relevant rate on the basic pay plus d.a. upto 320 points of c.p.i.7. section 45 of the food corporations act, 1964 empowers respondent no. 1 corporation to make regulations and the relevant provisions thereof read as under:45. power of a food corporation to make regulation. (1) a food corporation may, with the previous sanction of the central government, by notification in the official gazette, make regulations not inconsistent with this act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR490
..... . the supreme court approved the observation of the high court of allahabad in the matter of nagar mahapalika of kanpur vs. sri ram, 1963 all lj 765 = air 1964 all 270 wherein it was observed as under:'that the report of the public analyst under section 13 of the prevention of food adulteration act, 1954, need not contain the mode or particulars of analysis nor the test applied but should contain the result of analysis namely, data from which it can be ..... the complainant was the reason for the delay in the service of summons and the proximate cause of the appellant losing his right to get the part of the sample delivered to the vendor and analysed by the director, the appellant was entitled to be acquitted. he relied on the decision of the court in municipal corporation of delhi v. ghisa ram, (1967) 2 scr 116 - (air 1967 sc 970), to support his contention. we do not think that the case would in any way assist the appellant. in that case, the part of the sample delivered to the vendor .....
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