Court : Mumbai Aurangabad
..... b) the food safety officers are not prohibited from proceeding against applicants / petitioners under the provisions of chapter x of the food safety and standards act, 2006. ..... section 42 of the food safety and standards act, 2006, reads as under :- 42. ..... in order to find out answer to this question, one must read the provisions of the food safety and standards act, 2006. ..... section 30 of the act provides that a commissioner of food safety of the state should be appointed for efficient implementation of food safety and standards. ..... the act establishes food safety and standards authority of india. ..... he alleged that he not only seized the goods but even lodged a police complaint alleging that the petitioner had committed violation of government notification, dated 15th may, 2014, prohibiting certain acts pertaining to gutka/pan masala and thereby committed offence punishable under sections 26 and 30 of the food and safety standards act, 2006 (in short, fss act, 2006). ..... it is an admitted fact that the fss act, 2006, empowered food and safety commissioner, state of maharashtra, under section 30 of the fss act, 2006, prohibiting sale, manufacture etc. ..... on careful perusal of provisions of chapter ix and x of the fss act, 2006 and the prohibitory order issued by the commissioner, it appears to us that contravention of prohibitory order would amount to failure to comply with directions of food safety officers as contemplated in s.55, which provided penal action. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... food safety and standard act, 2006 and it is mainly in respect of goa gutkha and other similar food ..... food safety and standard act, 2006 ..... food safety and standard act, 2006 ..... the learned counsel for the petitioner argued much on the provisions of section 41-a of the code of criminal procedure and he submitted that this power is not arbitrary and unless there is some material or accusation against the petitioner, notice under section 41a (1) cannot be issued against ..... thus the provision enables the police officer to collect information from the accused/suspect without effecting arrest and so the provision is not that way against persons like petitioner if the power given under section 41(1) of ..... the provision of section 41-a (3) of the code shows that after the appearance of the accused/suspect and the compliance of the conditions of the notice by the accused the investigating officer needs to give reasons if he forms opinion that ..... in mind by the courts that it is the statutory power given to the police to make investigation and the persons interested are always trying to use some provisions to protract the things. ..... the same, unwillingness of a person who has not been arrested to identify himself and to whom a notice has been issued under section 41-a, could be a ground ..... following procedure given in section 41-a of the code, the investigating officer gives opportunity to the accused or suspect to explain the things and that way the provision is for the benefit of the accused or the suspect. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the same objection as regard judicial reviewability by reason of a part of the record being withheld from the proposed externee would arise also in the case of an appeal as in the case of the proceedings before the externing authority and the same impracticability of giving reasons without disclosing a part of the record to the proposed externee which affects the exercise of power by the externing authority, would also affect the disposal of appeal by the state government. ..... while examining the character of the order as judicial or administrative, one has to consider as to whether a decision is based solely or exclusively on the application of objective standards to ascertain facts but if it is founded on subjective satisfaction of the statutory authority, the duty to act judicially would be clearly excluded and the decision would be an administrative decision as opposed to quasi judicial decision. ..... for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under chapters xii, xvi or xvii of the indian penal code or in the abetment of any such offence and secondly, in the opinion of the externing authority, witnesses would not be willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property. ..... in the matter of subhash kool v/s daund taluka sahakari dudh utpadak sangh (2006 (4) bom. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... for 1 month for offence punishable under section 7 read with 16 of the prevention of food adulteration act, 1954 (the act for short) and his criminal appeal no.132/2008 to additional sessions judge, dhule has been dismissed on 8.10.2010. ..... the judgment of the trial court in para 20 is perused, it can be seen that the rulings referred by the accused were regarding drawing of sample of milk, and the trial court reproduced portion from the judgment in the matter of hyder ali (supra) to observe that food inspector is not required to stir the entire oil before collecting the sample. ..... complainant led evidence before charge and thereafter charge came to be framed against the accused under section 7(i) read with (1a)(a) and section 2(ia)(m) and section 7(v) of the act read with rule 50 read with rule 5 of the maharashtra prevention of food adulteration rules, 1962 (maharashtra rules in short), punishable under section 16 of the act. ..... received report of the public analyst informing that the sample did not confirm to the standards of groundnut oil as per the prevention of food adulteration rules, 1955 (hereinafter referred to as the rules). ..... in such situation, it was observed that the order was lacking relevant materials as to on what point food articles had been referred to the public analyst, what are the materials to be considered while issuing the order ..... through the record, the joint commissioner recorded that the sample did not confirm to the standards of groundnut oil as per the rule. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the further objection that as because the appointment of respondent no.3 since beginning was in primary section of the school to teach the students to 5th to 7th standards, and as the order of appointment issued in favour of respondent no.3 categorically reflects the said fact, and therefore he cannot be said to be eligible to be appointed as the headmaster of the secondary school as he does not have any requisite experience to teach in the secondary school also has not impressed ..... ground is pressed by the petitioners in both the writ petitions that ardhapur education society being a minority institution, provisions of the m.e.p.s.act and the rules do not apply to the recruitment of a head of minority school and other persons not exceeding three, who are employed in such school and whose names are notified by the management to the director or, as the case may be, the deputy director for this purpose. ..... i reiterate that having regard to the inordinate delay committed by respondent no.3 in approaching the school tribunal, to assert his right on the post of headmaster, and when the delay has not at all been satisfactorily explained by respondent no.3 and when from the circumstances on record reasonable inference can be drawn that respondent no.3 had acquiesced the appointment of the present petitioner on the post of headmaster by remaining silent for a long period, the school ..... thangappan and anr (2006) 4 scc 322) and also in the case of shiv ..... society, patur ( 2006 (4) mh.l.j. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of a genetic counseling centre, genetic laboratory or genetic clinic; (b) to enforce standards prescribed for the genetic counseliling centre, genetic laboratory and genetic clinic; (c) to investigate complaints of breach of the provisions of this act or the rules made thereunder and take immediate action; (d) to seek and consider the advice of the advisory committee, constituted under sub-section (5), on application for registration and on complaints for suspension or cancellation of registration; (e) to take appropriate legal ..... genetic disease; (v) any other conditions as may be specified by the board: provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of provisions of section 5 of section 6 unless contrary is proved by the person conducting such ultrasonography; (4) no person including a relative or husband of the pregnant woman ..... of sex of foetus except for the purposes specified in sub-section (2) of section 4 of the act; (iv) not conduct or cause to be conducted or aid in conducting by himself or through any other person any techniques or test or procedure under the act at a place other than a place registered under the act/the rules; (v) ensure that no provision of the act and these rules are violated in any manner; (vi) ensure that the person conducting any techniques, test ..... 03.02.2006 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , taking note of the fact that the workmen cannot be compelled to join the transferee company against their wish and without their consent and all along fighting for their cause in various forums such as civil court, labour court, the government and the high court and even in this court, we are of the view that the learned single judge was fully justified in passing ..... from one establishment to another, necessarily presupposes that there is no change in employer-employee relationship and the service conditions of the employees are not altered except by the settlement which is permitted by proviso to section 9a of the industrial disputes act, 1947 and by virtue of which, the notice of change would not be required for causing alteration in ..... straw board manufacturing company limited, air 1974 sc 1132 : (1974) 4 scc 681, which has considered the industrial concept of functional integrality and has concluded that closing down of one unit, if necessarily leads to closing down of the other unit, the test of functional integrality is ..... nevertheless, in order to allow the employer to properly calculate the back wages and other wages and to pay the same to the workers considering that some of workers had worked at sanaswadi and some have not been working, the amount deposited before the industrial court shall be withdrawn by the employer only for the purpose of enabling it to calculate the back wages and pay the same to these workers within a period of six weeks from ..... yogi, 2006(3) mh.l.j .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is well settled principle of law that yardstick and standard of proof in a criminal case is different from the one ..... a criminal trial, its limitations and standard of proof in criminal and departmental proceedings is entirely distinct and different. ..... he would further contend that exhibit m5 which is sought to be relied upon as being a declaration of one of the workman who allegedly witnessed the incident, who has retracted the same and since the said witness had been treated as a hostile witness has not been cross-examined, it could not be held that the charges were proved on the basis of m5 or the statement ..... imported the strict rules of evidence as would be applicable to a criminal trial, in considering the facts and circumstances in a domestic enquiry and the circumstances that the petitioners establishment is a five star hotel of repute and was concerned with the impeccable maintenance of the establishment with utmost discipline amongst its workman, has taken a strong view of the act of misconduct which possibly would not be viewed with the same gravity if it was committed in any ..... the charge that is proved against the respondent, the corporation would have been justified in imposing a heavy punishment on the respondent since such a conduct on the part of the respondent raises an issue of the safety of lady passengers travelling in night journeys. ..... by order dated 21/02/2006, the second appeal was rejected and the order passed on the first appeal of stoppage of two increments .....
Tag this Judgment!Court : Mumbai Aurangabad
..... provided further that the untrained graduate appointed as a teacher after obtaining the permission from the education officer before the commencement of the maharashtra employees of private schools (conditions of service) rules, 1981 and who continues to be in service in any school on the date of commencement of the maharashtra employees of private schools (conditions of service) (amendment) rules, 1984 shall, be continued in service on the condition that he obtains the prescribed training ..... course, but their claims for admission to the said course were denied on one or the other ground, may be for the grounds which are convenient to the authorities and the managements; but the fact remains that the petitioners, who were given opportunity to acquire the qualification within 5 years, were denied such opportunity in the midst, before expiry of 5 years ..... advocate shri salunke for the appellant has pointed out that the order clearly indicates that it was for academic year 1992-93 and it does contain a clause that on expiry of the said period, the services of the teacher shall stand terminated without ..... rayat shikshan sanstha judgment (supra), after noting that there was no evidence on record that the appointment of the employee therein was made after following the due procedure of law laid down in the act and the rules, this court concluded that the employee could not be granted any benefit and hence, could not be continued in service. ..... umadevi and others, air 2006 sc 1806 : 2006(4) .....
Tag this Judgment!Court : Mumbai Aurangabad
..... -- in any case where there is a dispute as to the amount of standard rent of permitted increases recoverable under this act the tenant shall be deemed to be ready and willing to pay such amount if, before the expiry of the period of one month after notice referred to in sub-section (2), he makes an application to the court under sub-section (3) of section 11 and thereafter pays or tenders the amount of rent or permitted increases specified in the order made by the court. ..... only after the order, amount of rs.4,140/- was deposited by the defendant and it was for the period from 1-9-1991 to 31-12-2006 and it was the standard rent fixed by the court. ..... on application given on 15-9-2006 by the tenant the order was made by the court on the same day and opportunity was given to the tenant to make payment within 15 days of the amount due (as standard rent) and continue to make payment before 10th of every month of completed month. ..... first time on 15-9-2006 readiness and willingness was shown to deposit the standard rent but no readiness and willingness was shown to pay the permitted increases, taxes. ..... the court made order on 15-9-2006 and directed the tenant to deposit standard rent as fixed in the previous proceeding no.33/1976 which was at the rate of rs.22.50 per month. ..... the record shows that first time on 15-9-2006 the tenant moved application and prayed to the court in the rent application no.69/1999 to determine the rent and allow the tenant to deposit the rent. .....
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