Court : Gujarat
Decided on : Sep-24-1985
Reported in : (1986)1GLR341
..... 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 ..... that the question arises whether respondent no. 1 corporation has power and authority to pay h.r.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 ..... for respondent no. 3 that whenever any change in the h.r.a. is made by respondent no. 1 corporation, it would amount to amendment of regulation 73 framed under section 45 of the food corporations act and since the regulations cannot be framed except with the previous sanction of the central government, such amendment will not .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-13-1985
Reported in : (1986)1GLR648
..... (court no. vi) ahmedabad. it was alleged that he sold cow-milk to one mr. r.s. patel, food inspector of ahmedabad municipal corporation on june, 24, 1982. the said sample of milk was collected by the food inspector in the presence of panchas and necessary formalities regarding dividing the sample, packing and sealing the sample were also done ..... on hearing the parties, the learned magistrate convicted the accused for the offence punishable under section 16(1)(a)(i) read with section 7 of the prevention of food adulteration act and ordered him to undergo sentence of three months. land to pay a fine of rs. 500/-, in default of payment of fine, directed to undergo ..... as to why this high court should not take the notice of the fact that lower courts had failed to impose the minimum sentence as required under the act and why this high court should not enhance the sentence exercising its powers under section 401 of the criminal procedure code. the learned counsel for the petitioner has been given .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-13-1985
Reported in : (1986)1GLR660
..... any non-compliance of the provisions of section 11(1)(c)(ii) of the act. in this connection provisions of the bombay provincial municipal corporations, act, 1949 also may be seen. as per the provisions of section 2(9) of the said act, 'the commissioner' means the municipal commissioner for the city appointed under section 36 ..... and not that of rigorous imprisonment. the object of the act is to eliminate the danger to human life and health from the sale of unwholesome articles of food see municipal corporation of delhi v. shiv shanker reported in : 1971crilj680 . it may be noted that the act is meant for the protection of the society and the ..... parliament has by repeated amendments emphasized the statutory determination to stamp out food adulteration offences by severe sentences. it appears .....
Tag this Judgment!Court : Gujarat
Decided on : Sep-11-1985
Reported in : (1986)2GLR867
..... thought it fit to impose sentence of simple imprisonment and not that of rigorous imprisonment. the object of the act is to eliminate the danger to human life and health from the sale of unwholesome articles of food, (see municipal corporation of delhi v. shiv shanker reported in a.i.r. 1971 815). it may be noted that the ..... act is meant for the protection of the society and the parliament has by repeated amendments emphasized the statutory determination to stamp out food adulteration offences by severe sentences. it appears ..... and order of conviction passed by the lower courts for the offence punishable under section 16(1)(a)(i) read with section 7(1) of the prevention of food adulteration act, is confirmed. the petitioner accused is ordered to undergo r.i. for six months and to pay a fine of rs. 1000/- in default to undergo rigorous .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-11-1985
Reported in : (1986)2GLR1019
..... that they have committed criminal offence of theft of wheat bags stored in the godown of rice mill and thereby for wrongful conversion of the goods belonging to the food corporation of india they were liable to pay the price of 2326 bags of wheat. in a civilised society, by any moral standard, commission of theft cannot be considered ..... thereafter respondent no. 1 filed special civil suit no. 33 of 1970 for recovering damages against respondents nos. 2 and 3 for wrongful conversion of the wheat belonging to the food corporation of india.3. in the suit, decree for rs. 2,07,000/- with costs and interest was passed on march 22, 1977. against the said decree, first appeal ..... be sustained as the said debt arises out of a criminal act of theft committed by respondents 2 and 3. by no standard such debt can be said to be a debt incurred by a decent and respectable man.11. however, the learned advocate for respondent no. 1, food corporation of india, submitted that there is no evidence to show that .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-10-1985
Reported in : (1986)1GLR356; (1986)IILLJ238Guj
..... been carried out by government departmentally through its service personnel but the instrumentality or agency of the corporation was resorted to in these cases having regard to the nature of the task to be performed. the corporation acting as instrumentality or agency of government would obviously be subject to the same limitations in the field ..... of constitutional and administrative law as government itself, though in the eye of the law, they would be distinct and independent legal entities. if government acting through its officers is subject ..... in one of two ways. it may be either established by statute or incorporated under a law such as the companies act, 1956 or the societies registration act, 1860. where a corporation is wholly controlled by government not only in its policy making but also in carrying out the functions entrusted to it by .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-1985
Reported in : (1985)2GLR895
..... done, it cannot be said that the sample which was sent to the public analyst was representative of the whole quantity of curd collected by the food inspector. in the case of food inspector, municipal corporation, baroda v. madanlal ramlal sharma 0065/1982 : 1983crilj337 , the supreme court did not agree with the view expressed by this court that the ..... the learned additional public prosecutor mr. s.r. divetia was unable to satisfy me that such a notice will fulfil the requirements of section 13(2) of the act. he was not in a position to satisfy me how the view taken by the courts below can be supported. mr. divetia, of course, submitted that the ..... it contained excess water by 13% and that way did not conform; to the standards required by the prevention of food adulteration act, 1954 (hereinafter to be referred to as 'the act') as also the provisions of the prevention of food adulteration rules, 1955 (hereinafter to be referred to as 'the rules'). on receipt of this report of the public .....
Tag this Judgment!Court : Gujarat
Decided on : Apr-15-1985
Reported in : [1986(52)FLR609]; (1985)2GLR1415; (1986)ILLJ456Guj
..... must depend on the facts of each case. where a statute setting up a corporation so provides, such a corporation can easily be identified as the agent of the state. in the absence of a statutory provision, however, a commercial corporation acting on its own behalf, even though it is controlled wholly or partially by a ..... any plant or works which directly or indirectly promote or advance projects of general public utility (not involving any activity for profit), relating to dairying, animal husbandry, food and agriculture, fisheries and sold storage and to make, recommend, submit and draw plans, schemes and reports, for such projects and to provide or detailed implementation ..... on the plans and designs of 4 feeder dairies, 5 feeder balancing dairies, 5 liquid milk plants, 11 cattle feed plants, 16 chilling centres and 2 food storage projects. the board has created the indian machinery company to strengthen its service vis-a-vis design and manufacture of dairy equipment. an assembly shop was .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-07-1985
Reported in : (1985)2GLR664
..... with government. government own sand controls hundreds of acres of public land valuable for mining and other purposes. these resources are available for utilisation by private corporations and individuals by way of lease or licence. all these mean growth in the government largess and with the increasing magnitude and range of governmental functions as ..... to the same effect is another earlier judgment of the supreme court, again of five judges, in the case of state of madhya pradesh v. bhailalbhai : [1964]6scr261 . there, the supreme court generally observed that the special remedy provided under article 226 was not intended to supersede completely the modes of obtaining relief by an ..... that the petitioners had done whatever was required to be done by them. they had procured the release order in time. one hand of the government acting in the joint controller's office committed some blunders because of the lackadaisical fashion in which the things are handled there. it forgot to mention about .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-04-1985
Reported in : (1986)53CTR(Guj)274; [1986]159ITR253(Guj)
..... succinctly as under : 'the word 'capital' connotes permanency and capital expenditure is, therefore, closely akin to the concept of securing something tangible or intangible property, corporeal or incorporeal rights, so that they could be of a lasting or enduring benefit to the enterprise in issue. revenue expenditure, on the other hand, is operational in ..... its earlier order of august 16, 1965, in appeal preferred by the department in respect of the allowance of the same reliefs for the assessment years 1964-65 to 1970-71, affirmed the view of the appellate assistant commissioner that the assessee-company was entitled to the relief under section 80j in respect ..... , who, following his decision in respect of earlier assessment years, held that these three expansion units are entitled to relief under section 80j of the act. the revenue carried the matter in appeal before the appellate tribunal from the order of the appellate assistant commissioner allowing the relief in respect of the three .....
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