Judgment Search Results Home > Cases Phrase: insecticides act 1968 section 26 notification of poisoning Court: kerala Page 1 of about 95 results (0.550 seconds)

Maliakkal Industrial Enterprises Vs. the Union of India and Others

Court : Kerala

..... themselves impinge on the fundamental rights of a citizen of india, the same can be challenged appropriately. according to me, for valid imposition of such a condition on importers, section 38 of the insecticides act, 1968 should have been qualified by words like, "subject to provisions of the export-import policy", "except otherwise provided for in any other law for the time being in ..... the insecticides act, 1968. they have no powers to direct the authorities under the insecticides act, 1968 to do something, which the authorities under the insecticides act, 1968 are not obliged to do as per the provisions of the insecticides act, 1968. if boric acid is imported for the purposes other than for use as an insecticide, the authorities under the insecticides act, 1968, are not legally obliged to entertain an application for registration under section 9 .....

Union of India Vs. Maliakkal Industrial Enterprises

Court : Kerala

..... questions, which arise for our consideration, essentially would appear to us as follows: i). whether an insecticide, which has non-insecticidal uses, can be regulated in view of section 38 of the insecticides act 1968 (hereinafter referred to as 'the act' for short). ii). whether the policy of the government as manifested in ext.p5 produced in these ..... /6/2011 issued by the central board of excises and customers therein after referring to section 38 of the act , it is stated as follows: " as may be seen, the aforementioned provisions of the said section 38 of the insecticides act, 1968 are unambiguous and leave no scope interpretation. essentially, the exemption from the provisions of ..... 2012 & others 42 of items listed under schedule 3 of the said act that are intended to be used for these purposes that are specified i the said section 38 would be outside the ambit of the provisions contained in insecticides act, 1968. the implication is that the clearance of such imported items would not be .....

K.V.Biju Vs. Union of India

Court : Kerala

..... registration committee (hereinafter referred to as "the committee"), the third respondent for registration of indigenous manufacture of insecticides under section 9 of the insecticides act, 1968 wa.767 and76915 2 (hereinafter referred to as 'the act'). the application came up for consideration in the 303rd meeting of the committee dated 5.8.2009 ..... the insecticides act, 1968 has been enacted to regulate the import manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals, and for matters connected therewith. the word 'insecticide' is defined under section 3(e) of the act, which is to the following effect: "3(e) 'insecticide' means ..... a reasonable opportunity of showing cause against the proposed order." 14. the rules have been framed, namely, the insecticides rules, 1971 in exercise of power under section 36 of the act. rule 6 provides for manner of registration.15. as noted above, the main thrust of the submissions of learned .....

State of Kerala Vs. Balsara Hygiene Products

Court : Kerala

..... active ingredient of the product is para-dicholoro benzene, which is an aromatic hydrocarbon having the properties of an insecticide. the said chemical, according to the learned senior counsel, is listed as an "insecticide" under the schedule to the insecticides act, 1968. the aroma or good odour of the product does not take it away from its essential qualities of repelling ..... and the sale by such brand name holder to the assessee should be considered as the first sale liable to tax and also the sale under section 5(2) of the act. the classification attempted by the assessing officer with respect to the product "odonil" was also objected to on the ground that essentially the product is ..... . we find from the assessment order in the instant case that such deduction has also been granted by the assessing officer. the very object of sub-section (2) of section 5 in shifting the levy was found to be a measure of augmenting the revenue by bringing to tax the value addition of the subsequent sale by .....

D. Rama Moorthy, Managing Director, S.S.D. Oil Mills Company Ltd. Chen ...

Court : Kerala

..... was under insecticides act 1968. shelf life of the sample of the insecticide seized had expired and for that reason no further steps could be taken for its examination. there, the supreme court quashed prosecution against accused. 13. in medicamen biotech limited and another v. rubina bose, drug inspector (2008(7) scc 196), prosecution was under drugs and cosmetics act 1940. in the above act, section 25 ..... haryana v. unique farmaid p. ltd (1999 (2) fac 399) the non-compliance of the statutory requirements under section 24 of the insecticides act, 1963 was the matter in issue. section 24 of the insecticides act is analogous to that of section 13(3) of the prevention of the food adulteration act. there, though the vendor exercised his right of option to get the sample tested by central .....

Cyriac Vs. S.i. of Police

Court : Kerala

Reported in : 2005CriLJ4322; 2005(3)KLT673

..... suicide, as alleged. learned counsel for the petitioners submitted that even if the entire prosecution case is admitted, offence under section 306 ipc is not made out in this case.15. according to him, intention behind the act of the accused cannot be said to abet commission of suicide, but it can only be inferred that accused's ..... touchy it may be, cannot unfortunately, touch the issue. those cannot fray the fabric of the provision contained in section 306 ipc. in short, it is not what the deceased 'felt', but what the accused 'intended' by his act which is more important in this context. of course, the deceased's frail psychology which forced him to the ..... pursuance of that conspiracy, and in order to the doing of that thing; orthirdly- intentionally aids, by any act or illegal omission, in doing of that thing.'5. from the above provision, it is clear that to constitute offence under section 306 ipc, prosecution has to establish, 1) that a person committed suicide and 2) that such suicide .....

Deputy Commissioner of Sales Tax Vs. Prakash Traders

Court : Kerala

Reported in : [1987]67STC239(Ker)

..... .pesticides are classified according to the type of organisms they attack; for example, substances that kill insects are known as insecticides; agents that kill fungi are known as fungicides.(encyclopedia americana, vol. 21, page 656)as per section 31 of the insecticides act, 1968, insecticide is defined to include any substance specified in the schedule. copper-sulphate is an item listed in the schedule for the ..... purpose of section 3(e) of the act. the appellate tribunal has also stated that the order issued by the government of kerala .....

Pepsico India Holdings Pvt. Ltd. Vs. the Food Inspector and ors.

Court : Kerala

Reported in : 2009CriLJ2224; 2009(1)KLJ665

..... tolerance limitmg/kg(ppm)----------------------------------------------------------------------------1 2 3 4----------------------------------------------------------------------------xxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxxxx----------------------------------------------------------------------------explanation: for the purpose of this rule:(a) the expressions 'insecticide' shall have the meaning assigned to it in the insecticides act, 1968 (46 of 1968);(b) unless otherwise stated:(i) xxxxxxxxxxxxxxx(ii) all foods refer to raw agriculturalproducts moving in commerce.(3)xxxxxxxxxxxxxx(emphasis supplied - unnecessary portions omitted)22. ..... scientific community as to what tests are to be followed in the analysis of an article, the central government can settle the, controversy by formulating rules under section of the act insisting that specified tests have to be conducted. similarly, if there be a controversy as to what infrastructure of materials or personnel, is necessary to conduct a .....

Deputy Commissioner of Agricultural Income-tax and Sales Tax Vs. I.C.i ...

Court : Kerala

Reported in : [1973]32STC392(Ker)

..... we have to see whether inextricable link between the import and sale has been established.13. here there is an import licence in favour of m/s. hindustan insecticides limited, that import licence was referred to in the agreement for sale entered into by the assessee with consumer company, that licence was referred to in the contract ..... customers. from a specimen contract of supply produced by the appellant's agent, viz., the one in respect of supply of 72 tons of microcele to messrs. hindustan insecticides limited, udyogamandal p.o., kerala state, it is seen that the purchaser places orders with the appellant quoting the import licence number, quantity of goods, rate, etc., ..... these goods being diverted by the assessee for any other purpose. consequently we hold that the sales took place in the course of import of goods within section 5(2) of the act and are, therefore, exempt from taxation.9. their lordships laid emphasis in that case to the movement, of the goods from the foreign country as .....

Reckitt Benckiser (India) Ltd. Vs. Commissioner, Commercial Taxes

Court : Kerala

Reported in : (2007)6VST390(Ker)

..... o. no. 82 of 2006 was not in force it would squarely fall under sub-clause (d) of section 6 of the vat act. we may for easy reference extract serial no. 44 of the third schedule to the vat act.44. fertilizers, pesticides, weedicides, insecticides, fungicides, herbicides, rodenticides, anti-sprouting products and plant growth regulators, bio-fertilisers, micro nutrients, disinfectants and ..... warranted levy of vat at the rate of 12.5 per cent, vide section 6(1)(d) of the vat act, 2003. it is stated that what is contained under entry 44 of the third schedule to the vat act and taxable at four per cent is insecticides bearing hsn code 3808. it was stated that the rate of tax of ..... four per cent conceded by the dealer is, hence, incorrect. filing of untrue return and evading tax at the rate of 8.5 per cent is an offence punishable under section 67 of the vat act, 2003. evasion of tax, therefore .....