Court : Kerala
..... limit of the presence of the pesticides was available in regard to sweetened carbonated water. it may be noted that the high court had itself observed that mere presence of insecticide residue to any extent could not justify an allegation that the article of food was adulterated, but contrary to such observation, the high court went on to hold that ..... in the said rule. it is further contended that no specific reason has been assigned by the hon'ble apex court to hold that the word may employed in section 23 of pfa act partook the meaning 'must' or 'shall'. virtually, to substantiate the said contention that in order to be a binding precedent a decision must be one rendered after ..... reason or principle on which a question before a court has been decided is alone binding as a precedent. (see: state of orissa v. sudhansu sekhar misra and ors. (air 1968 sc 647) and union of india and ors. v. dhanwanti devi and ors. 1996 (6) scc 44 : 1996 air scw 4020. a case is a precedent and binding for .....
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..... , fish, milk, fruits available in the market contain insecticides or pesticides residues, beyond the tolerable limits, causing serious health hazards. we notice, fruit based soft drinks available in various fruit stalls, contain such pesticides residues ..... food business. 23. enjoyment of life and its attainment, including right to life and human dignity encompasses, within its ambit availability of articles of food, without insecticides or pesticides residues, veterinary drugs residues, antibiotic residues, solvent residues, etc. but the fact remains, many of the food articles like rice, vegetables, meat ..... a sub-standard product can also be sold provided, the consumer must know what are the contents of it. the penalty imposed under section 51 of the fss act is as a deterrant measure. certainly, when violation remains unabated even after imposition of the penalty, it is a question that perplexes .....
Tag this Judgment!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 .....
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..... klj76.12. shri george cherian, learned senior counsel for the insurance company, in reply, submitted that even the provisions of the kerala torts (miscellaneous provisions) act, 1976, especially section 8 will show that there should be apportionment of amount of compensation where there is contributory negligence which can be made only in the presence of the driver. ..... insurance company." it was also held that "under the general principles one would expect the driver to be impleaded before an adjudication is claimed under section 166 of the act." on the maca1075& 2974 of 2009 20 facts of the said case, the apex court in paragraph 11 held that the tribunal ought to have ..... 2011 (3) klt648 wherein it was held that "production of police charge sheet is prima facie sufficient evidence of negligence for purpose of a claim under section 166 of the act." it is also submitted that the insurance company did not make any attempt even to examine the driver of the motor cycle as a witness. therefore, .....
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..... 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 .....
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..... 1: true copy of memorandum and articles of association of vas pharmaceuticals (india) ltd. annexure-2: true copy of registration certificate issued by the central insecticides board for manufacture of monocrotophos to the1t petitioner company. annexue-3: true copy of fir dated1807.2004. annexure-4: true copy of scene mahazer of ..... aluva to quash the proceedings under section 482 of criminal procedure code.2. it is alleged in the petition that the petitioner company is a public limited company by name vas pharmaceuticals (india) ltd. registered under the companies act, 1956. they were manufacturers of pesticides and insecticides. the petitioner company is the ..... owner of the parcel goods sent from tripunithura and aluva through kerala roadways ltd., a carrier to their branch at kothamangalam. the allegation was that the accused persons have committed offences under sections 420, 427 .....
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..... , fish, milk, fruits available in the market contain insecticides or pesticides residues, beyond the tolerable limits, causing serious health hazards. we notice, fruit based soft drinks available in various fruit stalls, contain such pesticides ..... : "23. enjoyment of life and its attainment, including right to life and human dignity encompasses, within its ambit availability of articles of food, without insecticides or pesticides residues, veterinary drugs residues, antibiotic residues, solvent residues, etc. but the fact remains, many of the food articles like rice, vegetables, meat ..... 24.12.2013 is issued by the government appointing revenue divisional officer as the authority to take action and adjudicate the proceedings under section 68 of the act. food safety officers are empowered to file respective complaints before the magistrate after completing the investigation. a sum of `21,84,500 .....
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..... the cattle shed situate on the western side of the house, he saw three cows, a calf, two goats and a dog and in the sit out, an insecticide pump and a water pump were found and in the car porch and on the grounds he found fertilizer and organic manure kept in sacks, he did not report ..... (defendants 1 to 4) were restrained by an order of temporary o.p.(c).no.1742 of 2013 ..10.. injunction trespassing into the petition schedule property, committing acts of waste or mischief therein and from obstructing the peaceful possession and enjoyment of the property by the plaintiff. the trial court also directed that in the event of failure ..... permanent prohibitory injunction restraining the defendants, their men and agents from trespassing upon the plaint schedule property and from obstructing the plaintiff's peaceful possession thereof and from committing acts of waste or mischief therein. the plaint schedule property is described as a parcel of land, 5.75 acres in extent, situate in r.s.nos.542/2 .....
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..... day of january 2013 14th pousha 193 wp(c).no. 29260 of 2012 (f) --------------------------- petitioner(s): ------------- hindustan insecticides limited officers association, an association registered under trade unions act udyogamandal kochi-683 501. represented by its secretry. by advs.sri.shaji p.chaly sri.r.sanjith smt.c.s. ..... sindhu krishnah respondent(s): -------------- 1. union of india, represented by its secretary department of chemicals and petrochemicals ministry of chemical and fertilizers new delhi 11 001..2. chairman and managing director, hindustan insecticides ..... dated this the 4thday of january, 2013 judgment the petitioner, an association of employees belonging to the managerial and supervisory cadre of hindustan insecticides limited, udyogamandal unit, kochi, has filed this writ petition mainly seeking implementation of ext.p8 order and approving the pay revision for .....
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..... 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 .....
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