Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 10 appeal against non registration or cancellation Court: gujarat Page 3 of about 54 results (0.106 seconds)

Rajendrabhai D. Makwana and 4 ors. Vs. State of Gujarat

Court : Gujarat

Reported in : (2009)2GLR961

..... is that the marriage span of the deceased and appellant no. 1 was that of about 8 years and, therefore, the presumptive clause envisaged under section 113a of the evidence act would not be attracted. we will have, therefore, to examine the evidence for material to attract the ingredients for the offences for which the accused appellants ..... implicated the whole family except childrenii] the marriage span of appellant no. 1 and deceased was of 8 years and, therefore, presumption envisaged under section 113b of the indian evidence act would not be attractediii] the parental house of the deceased i.e., house of complainant is only 4 houses away from the house where the ..... statement of the deceased there was no other pointed evidence from which it could be inferred that there was any abetment so as to bring the acts of the appellants within section 306 ipc, under which the appellants were convicted. the court held that the dying declaration, per se, could not involve the appellants in offence .....

Rajput Anil Ramsinh and anr. Vs. State of Gujarat

Court : Gujarat

Reported in : (1992)2GLR1146

..... reasons why all are deemed guilty in such cases is, that the presence of accomplices gives encouragement, support and protection to the person actually committing the act. this section embodies the common-sense principle that if two or more persons intentionally do a thing jointly it is just the same as if each of them had ..... of those who in one way or the other facilitate the execution of the common design, if itself tantamount to actual participation in the 'criminal act'. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring such a particular result. such consensus can be developed at ..... . stale of tamil nadu : 1976crilj1563 wherein the supreme court has held that:section 34 is to be read along with the preceding section 33 which makes it clear that the 'act' spoken of in section 34 includes a series of acts as a single act. the acts committed by different confederates in the criminal action may be different but all must .....

Ramgopal Shriram Sharma Vs. State of Gujarat

Court : Gujarat

Reported in : (1996)2GLR118

..... would commit suicide later due to the instigation of the appellant-accused.19. at this stage, it would not be out of place to refer to section 113a of the indian evidence act. section. 113a provides that when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband ..... place in january, 1988. thus, the commission of suicide is within the period of seven years from the date of the marriage. therefore, the provision of section 113a of the evidence act is clearly attracted to the facts of the present case. there is no evidence worth the name by way of rebuttal of the above statutory presumption as to ..... and p.w. 8, dr. anil d. suthar, both the dying declarations inspire confidence and are found to be trustworthy and truthful.it is well-settled that section 32 of the evidence act is an exception to the rule of hearsay and makes admissible the statement of a person who dies, whether the death is homicide or a suicide, provided the .....

A.K. Chaudhary and 2 ors. Vs. the State of Gujarat and 2 ors.

Court : Gujarat

Reported in : 2006CriLJ726

..... v. state of m.p. and ors., reported in : air1995mp138 , wherein at para 5 it was observed as under:5. the provisions of the act, in particular of section 3(i)(viii), are intended to protect persons belonging to scheduled castes or scheduled tribes from harassment by false, malicious or vexatious litigation. an offence can be ..... quashed by this court at this stage.11. mr. jani, learned counsel appearing for the original complainant ' respondent herein also contended that as per section 105 of the evidence act, the burden of proving that there is a case within the exception as provided under ipc falls upon the accused and in absence thereof the ..... tulsi, learned counsel appearing for the petitioners also attempted to submit that the disciplinary proceedings would not be included in the scope and ambit of section 3(1)(viii) of the atrocities act, whereas mr. jani, learned counsel appearing for the original complainant submitted that the interpretation may be made by this court keeping in view .....

Hasmukhbhai Gokaldas Shah Vs. State of Gujarat

Court : Gujarat

Reported in : 2009CriLJ2919; (2009)2GLR984

..... of this witness and, hence, the trial court clearly erred in coming to the conclusion that the charge against the accused was proved under section 3(1)(x) of the prevention of atrocities act. the conviction and sentence awarded by the trial court in this respect is required to be set aside and the accused is required to be ..... indian penal code is established beyond doubt, the accused is also liable to be convicted for the offence punishable under section 3(2)(v) of the prevention of atrocities act and like wise under section 3(1)(x) of the said act. it is submitted that defence witness examined by the defence is neither here nor there and when prosecution has ..... also required to be set aside along with the sentence awarded to the accused.16. so far as the charge under section 3(1)(x) of the prevention of atrocities act is concerned, the prosecution has produced the evidence of complainant 'purshottambhai hanubhai' pw-1 and pw-5 bhikhubhai haribhai solanki, who is an alleged eye witness. no .....

ishwarbhai Sanabhai Nayi (Barber) Vs. State of Gujarat and Another

Court : Gujarat

..... the ipc. it is defined u/s.107 of the ipc. as per sec.107, the person can be said to have abated of doing thing if an act or illegal omission takes place. sec.107 abetment of a thing. - a person abets the doing of a ..... thing, who - first instigates any person to do that thing; or secondly engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act ..... show and establish in any given case that the accused has abated in commission of suicide in any of three modes stated in sec.107. 11. in order to appreciate the submission made material on record may be briefly referred. the father, mother and ..... in the nature of instigation or can be termed as aiding intentionally the deceased to commit suicide. in other-words, essential of section- 107 may be in the form circumstance and situation, - ought to flow from the evidence of material witnesses, - unless typical .....

indichem Vs. Union of India

Court : Gujarat

Reported in : 1996(88)ELT35(Guj)

..... agents to pesticidal chemicals in highly concentrated form would amount to 'manufacture' within the meaning of section 2(f) of the act since it results in the emergence of a new and distinct product having different properties, viz., pesticide/insecticide fit for direct use. 4. short facts are as under :- petitioners are engaged in ..... basic pesticidal chemicals carried out through addition of solvent, adjuvants, etc. resulting in their dilution does not amount to manufacture for the purpose of section 2(f) of the act, and considering the factual and legal position, several other commissionerates in the county issued similar trade notices and were accepted in the field. 5 ..... on the products since the basic chemicals used were duty paid and the process carried out did not constitute 'manufacture' within the meaning of section 2(f) of the act since there was no transformation resulting in the emergence of any new or different article having distinctive name, character and use. after considering .....

Harijan Parbat Bijal and anr. Vs. State of Guarat

Court : Gujarat

Reported in : (2000)1GLR193

..... of the crime. mere proof that the crime charged could not have been committed without the interposition of the alleged abettor is not enough compliance with the requirements of section 107.' it has been observed, 'a person may, for example, invite another casually or for a friendly purpose and that may facilitate the murder of the invitee. ..... the abetment committed, he shall be deemed to have committed such act or offence.'on a plain reading of the aforesaid provision, the facts of the prosecution case hardly call for applying it against accused no. 2. in fact, he could have been charged under section 302 read with section 109 of the ipc. however, even if so charged, ..... be applicable in the present case. section 114 reads as under :-'114. abettor present when offence is committed.___ whenever any person, who if absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of that act or offence for which he would be .....

State of Gujarat Vs. Khimabhai Nathabhai Bharwad and ors.

Court : Gujarat

Reported in : 1993CriLJ1084; (1993)2GLR1007

..... in this sub-rule shall apply to the fumigants which are registered and recommended for use as such on article of food by the registration committee and the amount of insecticides in column 2 on the foods mentioned in column 3, shall not exceed the tolerance limit prescribed in column 4 of the table given in the said rule. ..... preservative or permitted preservative in excess of the prescribed limits :.it is therefore, clear that if the article contains any prohibited preservative it will be adulterated article. section 2(xiii) of the act defines 'sale' and it includes sale of any article whether for cash or on credit and whether by wholesale or retail, for human consumption or use, or ..... in appendix b containing a substance not found in milk, except as provided in the rule. said clause has been added by g.s.r. 1533 dated 8-7-1968. there is no rule which permits the milk vendor to add formalin preservative in the milk which is to be sold for the purpose of human consumption. this clause .....

Meghmani Organics Ltd. Vs. Government of Gujarat

Court : Gujarat

Reported in : AIR2005Guj319

..... laboratory of international repute and, therefore, all the criteria were duly fulfilled. the certificate for commencement of business dated 24.2.1993, the licence to manufacture insecticides and the manufacturing licence renewed for the period from 1.2.2004 to 31.12.2005 for manufacturing alphacypermethrin 5% wp were relied upon. it was ..... authenticated document for proof of supply must be submitted.5. the bidder or the manufacturer whose product is offered by the bidder must be in the insecticide business including agriculture/crop protection application for at least three years and must have manufactured and supplied satisfactorily the goods as specified in the schedule of requirements ..... rigorously held to the standards by which it professes its actions to be judged and it must scrupulously observe those standards on pain of invalidation of an act in violation of them. if the standard or norm was reasonable and non-discriminatory and once such a standard or norm was laid down, the .....