Court : Delhi
..... the claims of the defendant in its advertisement being also violative of section 24 of the food safety and standards act, 2006; (xiii). ..... the false and misleading health claims and statements in the advertisement are prima facie unlawful, being violative of the food safety and standards act and rules; (ix) ..... that the defendant is claiming its product to be better for the reason of having the highest oryzanol content - however under the food act and the notifications thereunder, rbo is mandatorily required to have oryzanol content of not less than one percent - since the product of the plaintiff is a blend of rbo and other oil, the same is bound to have less oryzanol than the product of the defendant composition whereof is only of rbo; it is argued that the ..... reducing cholesterol than each of the oils singly and to the effect that oryzanol present in rbo is known for its cholesterol lowering ability and on the basis thereof it is argued that the advertisement of the defendant to which objection is taken are not different; (xvii) it is contended that the drugs and magic remedies (objectionable advertisements) act, 1954 is not applicable to food articles; (xviii) reliance is placed on the rice bran and its main components: potential role in the ..... department of sugar & edible oils, ministry of food & consumer affairs, government of india had proposed inclusion of the development of provisions for rbo and its specific nutritional qualities in the standards for named vegetable oils; (xvi). .....
Tag this Judgment!Court : Supreme Court of India
..... is also mentionable that the accused has been prosecuted and sentenced under the act of 1954 in the matter under consideration and in place of it, the food safety and standard act, 2006 has been implemented since 24.08.2006. ..... the act was then repealed and the food safety and standards act, 20064 came into force on 23.8.2006.5 ..... at the time when the said product was sold, the adulteration was came in light, and according to rule 32(f) of the act, 4 for short, the 2006 act 4 the details were not even duly marked, which comes under the category of false impression in print of the packet or pouch. xx xx xx ..... but in the 2006 act, the re- peal and saving clause contained in section 97 (1)(iii) and (iv) specifically provides that repeal of the act shall not affect any in- vestigation or remedy in respect of any such penalty, forfeiture or punishment and the punishment may be imposed, as if the 2006 act had not been ..... sen was found to be guilty under section 2(1g)(k) r/w section 32(f)/7(i)/16(a)(i) and section 2(ia)(m) r/w 7(i)/16(1)/(a) (i) of food adulteration act, 1954 and food adulteration and prevention act under section 14 r/w rule 2(a) r/w section 7(v)/16(1c).6. ..... violation attracted a sentence of not less than six months and up to 3 years and a fine of rs.1,000/- under section 16(1)(a)(i), whereas under the 2006 act, the punishment of such adulteration which is related to only higher melting point is fine of rs.5 lakhs and rs.1 lakh under sections 3(1)(zx) and 3(1)(i) respectively. .....
Tag this Judgment!Court : Delhi
..... the claims of the defendant in its advertisement being also violative of section 24 of the food safety and standards act, 2006; (xiii). ..... the false and misleading health claims and statements in the advertisement are prima facie unlawful, being violative of the food safety and standards act and rules; (ix) ..... that the defendant is claiming its product to be better for the reason of having the highest oryzanol content - however under the food act and the notifications thereunder, rbo is mandatorily required to have oryzanol content of not less than one percent - since the product of the plaintiff is a blend of rbo and other oil, the same is bound to have less oryzanol than the product of the defendant composition whereof is only of rbo; it is argued that the ..... reducing cholesterol than each of the oils singly and to the effect that oryzanol present in rbo is known for its cholesterol lowering ability and on the basis thereof it is argued that the advertisement of the defendant to which objection is taken are not different; (xvii) it is contended that the drugs and magic remedies (objectionable advertisements) act, 1954 is not applicable to food articles; (xviii) reliance is placed on the rice bran and its main components: potential role in the ..... department of sugar & edible oils, ministry of food & consumer affairs, government of india had proposed inclusion of the development of provisions for rbo and its specific nutritional qualities in the standards for named vegetable oils; (xvi). .....
Tag this Judgment!Court : Supreme Court of India
..... factual aspects2 various provisions of the food safety and standards act, 2006 (for short, the fssa ) were ..... 2016 page 3 of 15 namely, the food safety and standards (packaging and labelling) regulations, 2011 came into force on ..... (b) if the article is sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer bearing his name and address but (i) the article is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true character; or (ii) the package containing the article or the label on the package bears any statement, design or ..... or otherwise; (f) if, when sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer and which bear his name and address, the contents of each package are not conspicuously and correctly stated on the outside thereof within the limits of variability prescribed under this act; (g) if the package containing it, or the label on the package bears any statement, design or device regarding the ingredients or the ..... senior counsel firstly pointed out that section 3 of the fssa, which contains the definition of misbranded food in clause (zf) of sub-section (1) thereof, was brought into force on 28th may 2008 and section 52 of the fssa, which provides for penalty for misbranding was brought into force with effect .....
Tag this Judgment!Court : Chennai Madurai
..... is further stated that the fifth respondent sent the above lab report along with notice under section 46(4) of the food safety and standards act, 2006 and rules made thereunder to the petitioner on 12.12.2016. ..... (d) the proceedings initiated under the abovesaid food safety and standard act, 2006 shall be completed in accordance with the procedure contemplated therein as expeditiously as ..... counter affidavit is filed by the fifth respondent, wherein, it is contended that the petitioner manufactured salt packets by using forged license number and therefore, the premises was inspected and samples were taken on suspicion and that the same were sent for analysis to the principal analysis laboratory, thanjavur, on 29.11.2016. ..... (b) after opening the premises, the fifth respondent shall remove the salt packets already seized and kept in safe custody to some other premises of his choice for keeping the same under safe ..... the grievance of the petitioner is that the fifth respondent has unlawfully interfered with his business and seized the some salt packets also by sealing the premises without following rules on 29.11.2016. ..... petition filed under article 226 of the constitution of india, praying for the issuance of a writ of mandamus forbearing the 5th respondent, his officers and his subordinates or any one acting through them or under them from in any manner interfering with (the petitioner) his legal right to carry on his business continuously and on his representation dated 30.11.2016.) 1. .....
Tag this Judgment!Court : Delhi
..... was fully compliant with the norms under the food safety and standards act, 2006 (fss act) and the regulations thereunder. ..... it is further claimed that the foods safety standards authority of india ( fssai ) had also complained ..... correct: however, when the tvcs are seen along with the additional material from the point of view of specifically the plaintiffs product -tata salt, the legal and statutory rights that are affected as also the reliefs that can be claimed by the plaintiff are those that cannot be granted in the isma suit. 25. ..... single judge the right of the plaintiff to protect the good standing of tata fao (os) no.64/2019 page 10 of 26 salt as a product and tata as a brand is a right which cannot be replaced or exercised by isma which can only take general action to protect its members including ..... with poison is clearly meant to create panic amongst the consuming public and if allowed to be carried on unhindered, it can have a deleterious impact not just on the plaintiff and its product, but also on customers, who could be forced to give up on the use of white salt, which is a basic ingredient in food cooked in almost every household in the country. ..... bangalore 2006 (32) ptc677it was explained that:"in comparative advertising, a consumer may look at a commercial from a particular point of view and come to a conclusion that one product is superior to the other, while another consumer may look at the same commercial from another point of view and come to a conclusion that one .....
Tag this Judgment!Court : Kerala
..... out that being statutory officials dealing with food safety, the defacto complainant and the party are under bounden to follow certain mandatory procedures under secs.34 and 39 of the food safety and standards act, 2006 and that they have never complied with these mandatory ..... that the food safety act prescribes procedures for taking sample and no such steps have been taken thereunder and that the impugned anx.iv crime no.1341/2014 of chavara police station will not disclose ..... aggravated by the act of the petitioner in filing anx.ii complaint before the commissioner of police, one smt.a.k.mini, the assistant commissioner food safety, kollam, contacted the petitioner over phone at the instance of sri.shajahan many times and is said to have directed the petitioner to withdraw from the complaint against sri.shajahan by threatening that the petitioner will suffer for his act, in case he ..... the petitioner is accused no.1 in the impugned anx.iv crime no.1341/2014 of chavara police station, kollam district, registered on 5.6.2014 against the petitioner and two other identifiable persons alleging offence punishable under sec.353 (assault or criminal force to deter public servant from discharge of his duty) read with sec ..... a matter of fact, no such incident has occurred as alleged by the police in anx.iv crime no.1341/2014 of chavara police station and that the offence charged against the petitioner as per the impugned anx.vi final report/charge sheet will not stand in the eye of law.7 .....
Tag this Judgment!Court : Delhi
..... of india (supra) is misplaced as the said judgment deals with the applicability of the provisions of food safety and standards act, 2006 vis- -vis the provisions in the delhi municipal corporation act, 1957 impinging on food safety and health concerns. ..... existing scheme declaring any zone let alone, pushpa market/central market lajpat nagar, as a no-hawking/vending zone at the time that the act came into force; (ii) the judgments of the supreme court including maharashtra ekta hawkers union (supra) and the act enacted in 2014 would prevail over any executive decision passed in 1996 or supreme court order passed in 2000 or even any further orders ..... is carried out, which is yet to be done; (iv) the first schedule of the act categorically provides under clause 3 (e) that, till such time as the survey has not been carried out and the plan for street vending has not been formulated, no zone shall be declared as a no-vending zone; (v) the members of the respondent no.8 association have been ..... passed from time to time; (iii) as per the new act, the determination of vending and no- vending zones is to be done as per the plan contemplated in section 21 once the survey .....
Tag this Judgment!Court : Delhi
..... aid cum sick room not accepted/not available girls room [smaller size) accepted/not available group not available common in not insurance- accepted/not of not insurance students- accepted/not available implementation of food safety and standards act, 2006 in the institutions not accepted/not available digital payment for all financial transactions as per mhrd directives not accepted/not available total faculty (ug+pg+diploma) - not accepted/not available minimum faculty 80% regular still ..... aid cum sick room - not accepted/not available girls common room [smaller in size) not accepted/not available group insurance- not accepted/not available insurance of students- not accepted/not available of implementation food and safety standards act, 2006 in the institutions not accepted/not available digital payment for all financial transactions mhrd as directives not accepted/not available per no submitted. ..... 2.9.1 relates to starting a diploma in pharmacy, nevertheless as laid down by the hon ble supreme court in parshvanath charitable trust (supra) compliance of conditions for approval as well as regulations and provisions of the aicte act being an unexceptional condition, which is aimed at ensuring attaining and maintaining of competent recognized global standards in technical education, strict adherence to prescribed paramaters for imparting educational courses in the area of technological advances is apparently aimed at to protect the vital interest of students as rightly contended on .....
Tag this Judgment!Court : Kerala
..... this court held that where the ingredients of the offences under the food safety and standards act, 2006 and that under the indian penal code are distinct and different, then there is no impediment for registration of crime and investigation of the offences under the ipc by the police. ..... in the said case, the competent authorities under the food safety act had instituted a complaint proceedings for sale of adulterated food and the police had registered a crime for offences under the food safety and standards act. ..... of police, economic offences wing-i of the state crime branch cid, which reveals that even though popular finance and popular traders are partnership firms and popular finance has obtained only money lending licence from the commercial taxes department, government of kerala, under the kerala money lenders act, section 45s of the rbi act 1934 does not permit any individual firm or unincorporated association of individuals to collect deposits, other than by way ..... with cognizance of offences, provides as follows: 58 e- cognizance of offences- (1) no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by an officer of the bank, generally or specially authorised in writing in his behalf by the bank, and no court other than that of a metropolitan magistrate or a judicial magistrate of the first class or a court superior thereto shall try any such offence: provided that in respect of any offence punishable under sub- .....
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