Court : Allahabad
Reported in : [2006]145STC226(All)
..... be the trade name, the petitioners are using chemicals for manufacturing the finished goods which have been treated as 'insecticides' under the provisions of the insecticides act, 1968 and photostate copies of the certificate of registration of the license issued under section 9(4) of the 'insecticide' act, 1968 have been placed before us. the said certificate has been issued by government of india, ministry of agriculture- (department ..... of agriculture & cooperation) directorate of plant protection, quarantine and storage). a perusal of it leaves no scope of doubt that allethrin which is used in the product sold by the petitioners is 'insecticide'.(iv) insecticides rules, 1971 .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]145STC223(All)
..... is 'd-allethrin 4 per cent'. in that case also the certificate of registration in favour of the appellant issued under section 9(3) of the insecticides act, 1968, the leaflet and the approved label of the commodity in question, the formulation contents of the said commodity and the chemistry of ..... the active ingredients were submitted. even then it was considered to be mosquito repellent and not as insecticide or pesticides. on the same reasoning the kachhuwa chap agarbatti cannot be held to be insecticides ..... assessing authority treated the mosquito repellent, as unclassified item and rejected the contention of the dealer that it is covered by the entry 'pesticides and insecticides'. he concluded that 'kachhuwa chap agarbatti' is used as a mosquito repellent and it does not kill mosquito. the assistant commissioner (judicial), the .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ3806
..... not adulterated, the provisions of article 21 of the constitution are violated. learned counsel has supported his argument by making reference to prevention of food adulteration act, insecticides act and some other enactments where accused is given a right to have the sample tested again. reliance has also been placed upon a decision of a learned ..... report was lodged by dinesh kumar misra, supply inspector, ghatampur against the proprietor of m/s. bhagwandin gaya prasad and the manager sardar husain under sections 3/7 e. c. act and sections 406, 409, 417, 419 and 420 ipc at p.s. ghatampur on the basis of which a case was registered as crime no. 623 ..... for matters connected therewith or incidental thereto. the central government established the bureau of indian standards institution in exercise of power conferred by section 3 of this act. under sub-section (a) of section 10(1), the bureau has been conferred the power to establish, publish and promote in such manner as may be prescribed by the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2019
..... sample was not adulterated, the provisions of article 21 of the constitution are violated. learned counsel has supported his argument by making reference to prevention of food adulteration act, insecticides act and some other enactments where accused is given a right to have the sample tested again. reliance has also been placed upon a decision of a learned single ..... blended. it does not at all deals with the dealers who are selling diesel either through a retail outlet or as a petty diesel dealer. sub-section (1) of section 20 of the petroleum act. 1934, lays down that owner of any petroleum, or his agent, who is dissatisfied with the result of the test of the petroleum may, ..... to have fresh samples of the petroleum taken and tested. this provision gives a right to the owner of petroleum to apply to the officer empowered under section 14 of the act to have fresh samples of the petroleum taken and tested. this clearly envisages taking of a fresh sample and, thereafter, to test it again. it .....
Tag this Judgment!Court : Allahabad
Reported in : 1990CriLJ2736
..... in each of the three cases should be quashed because the applicant cannot be termed within the meaning of the qualifying clauses enumerated in section 29 of the insecticides act, 1968 (hereinafter referred to as the act).2. sri sakha ram singh, learned counsel for the applicant and sri surendra singh, learned a.g.a. for the state ..... 7 respectively, are guilty of offence.' (underlining by me).it was argued that the word 'distributor' as used in section 29 of the act refers only to the person who is connected with the manufacture of the insecticides and it is not, and should not, be interpreted to include a managing director of the federation who was always ..... above respectively.6. sri sakha ram singh, learned counsel, has drawn the attention of the court to section 29 of the act which reads as under:'29(1) whoever --(a) imports, manufactures, sells, stocks or exhibits for sale or distributes any insecticide deemed to be misbranded under -clause (i) or sub-clause (iii) or sub-clause (viii) .....
Tag this Judgment!Court : Allahabad
Reported in : (2008)14VST230(All)
..... had been paid. it was further submitted that in case, raw material had been used in the manufacturing of insecticides and pesticides, the manufactured product would not be liable to tax because the applicant was holding the eligibility certificate under section 4a of the act.3. in view of the above, it was submitted that there was no bad intention on the part ..... are that the applicant established a new unit for the manufacturing of insecticides and pesticides and was holding eligibility certificate under section 4a of the act and, therefore, its turnover of insecticides and pesticides were exempted. the applicant was also registered under the central sales tax act, 1956 (hereinafter referred to as 'the central act') and was entitled to purchase raw material at concessional rate of .....
Tag this Judgment!Court : Allahabad
Reported in : 1949CriLJ138
..... , the period of detention ordered by the district magistrate cannot be added to that ordered by the provincial government for determining the period of six months. if he had acted under section 3 (l) (a), then of course it would have been added.9. sixthly, it is urged that the order passed toy the provincial government was a fresh ..... case to me.this notice was served on him on 13th june 1948.2. eight days later, viz,, on 19th june 1918, the provincial government, acting under section 3 (l) (a) of the act, pas3ed an order of detention against the petitioner in the following terms:whereas the governor of the united provinces is satisfied with respect to the person ..... not exceeding six months as may be specified in the order or, if no period is specified, for six months from the date thereof.under section 8 (l) (a), the provincial government acts, but under section 3 (2), the district magistrate facts, the period of six months prescribed by s. i is applicable only to the orders passed by the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1955All193; 1955CriLJ623
..... land,(6) anything recoverable as arrears of, or(7) along with rent of agricultural land.we are not concerned with any other provisions of the act. section 3 punishes several acts. it punishes certain words either spoken or written. it punishes certain signs. it punishes certain representations. it punishes instigation of nonpayment of liability to ..... to speech or expression, whereas the other is punitive and directly prohibits on pain of penalty the making of certain speeches. undoubtedly the word 'act' in section 3, preventive detention act, includes making a speech, and since it makes a person liable to be detained so that he might not make a prejudicial speech, ..... which incidentally deprived the petitioners of the freedoms enumerated in article 19 also.36. i now proceed to consider whether the actual act which the impugned section, namely, section 3, 0. p. special powers act, prohibits is the freedom of speech guaranteed under article 19(1)(a) of the constitution, or it is the stopping of .....
Tag this Judgment!Court : Allahabad
Reported in : 2002CriLJ2233
..... in-law to commit suicide so as to make her own daughter a widow. it may not be out of place to mention here that presumption under section 113a of the evidence act is not available to the prosecution in this case and therefore, there should have been positive material to connect the applicant in revision either by direct or ..... husband in a diary. her dying declaration was also recorded by executive magistrate. on facts the hon'ble supreme court came to the conclusion that presumption of section 113a of evidence act could not be drawn against the husband. it further held that the case was not one which could fall in clause secondly and thirdly of ..... , either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act and thereby facilitate the commission of that act and thereby faciliates the commission thereof, is said to aid the doing of that act.for the applicability of section 306 following two facts must be shown, namely, (i) that a .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]147STC442(All)
..... with section 21 of the u.p. general clauses act, 1904 (u.p. act no. 1 of 1904), and in supersession of all previous notifications issued from time to time ..... .p. sales tax act, 1948 (u.p.act no. xv of 1948), read ..... -10(1)-80-u.p. act xvms-order-si, dated 7th september, 1981.'medicines and pharmaceutical preparations including insecticides and pestisides'. 6 per cent m or 1notification no. st-ii-5784/x-10 (1)-80-u.p. act 15/48-order-891, dated 07.09.1981. 'in exercise of the powers under clause (d) of sub-section (1) of section 3-a of the u .....
Tag this Judgment!