Judgment Search Results Home > Cases Phrase: legal metrology act 2009 section 30 penalty for transactions in contravention of standard weight or measure Page 1 of about 74 results (0.065 seconds)

Bridgestone India Pvt. Ltd. Vs. UOI and Others

Court : Delhi

..... meaning assigned to it in the standards act and shall include a pre-packed commodity section 39 - penalty for keeping non-standard weights or measures for use and for other contravention (1) whoever keeps any weight or measure other than the standard weight or measure in any premises in such circumstances as to indicate that such weight or measure is being, or is likely to be, used for any (a) weighment or measurement, or (b) transaction or for industrial production or for protection, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to ..... the standards of weights and measures (enforcement) act, 1985 has been repealed with effect from 01.03.2011 vide section 57 of the legal metrology act, 2009. ..... was thereafter issued to the company by the controller/assistant controller, legal metrological department of nct of delhi alleging that the petitioner has committed a breach of section 33/39 of the packaged commodities rules, 1977/standards of weights and measures (enf) enforcement act, 1985 and, therefore, is guilty of offence punishable under section 51/63 of the act. 6. ..... a reference also has been made by the petitioner to the guidelines on legal metrology act, 2009 and legal metrology (packaged commodities) rules, 2011 (amended upto november, 2012) wherein vide notification no.ssr57b(e), dated 26.8.1993 it has been clarified that alterations mentioned in the rule pertain to .....

Ama Hospitality Pvt Ltd. Vs. Gnct of Delhi and anr.

Court : Delhi

..... the short question that arises for determination in the present writ petition is whether by selling an eatable, a brownie to be precise, in a paper wrapping, the petitioner has violated section 33 of the standards of weights and measures (enforcement) act, 1985 (act).2. ..... according to the petitioner, in the latter circumstance, it is not possible for the wrapper to display any of the details as required under the standards of weights and measures (packaged commodities) rules, 1977 (rules).3. ..... on 26th september 2009 the inspector legal (metrology), government of nct of delhi visited the petitioners outlet at malviya nagar. ..... this was followed by a notice dated 13th november 2009, received by the petitioner on 23rd november 2009 alleging that the petitioner had violated section 33 and was held guilty under section 51 of the act. ..... commodities like eatables are sold at an outlet across the counter, and when the consumer wishes to take it away, are placed in a paper wrapper, such commodities cannot answer the description of a commodity in a packaged form as defined in section 2 (b) of the act, which reads as under: "(b) commodity in packaged form means commodity packaged, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or retail."7. ..... in the very nature of such transaction, the paper wrapper only provides a convenient means of take away. ..... 5,000/- was levied for contravention of the provisions. ..... a penalty of rs. .....

K.T.K. Thangamani (Detenu, Central Jail) Salem and anr. Vs. the Chief ...

Court : Chennai

Reported in : AIR1965Mad225; 1965CriLJ714

..... of complying with the provisions in question is avoided the circumstance namely, that the statute provides for a contingency of the non-compliance with the provisions, the fact that the non-compliance with the provisions, is or is not visited by some penalty the serious or trivial consequences that flow therefrom and, above all, whether the object of ..... act of 1962 is an emergency measure and that it has been enacted as the preamble itself shows to provide for special measures to ensure the public safety and interest, the defence of india and civil defence at a time when grave emergency has arisen on account of the threat of external aggression, and that every effort should be made to interpret the provisions of the defence of india act ..... and yet nobody can think of questioning the validity of the detention or of the section of the indian penal code under which the sentence was passed".indeed, the argument need ..... maugham has observed as follows:"secondly, it is admitted that the home secretary can act on hearsay and is not required to obtain and legal evidence in such a case, and clearly is not required to summon the person ..... petitioners necessitates interference, as prayed for, by the issue of an appropriate writ, because of any error of law apparent on the face of the record, or the contravention of any principle of natural justice ..... the sense, or any other aspect of the transaction. ..... the mandate of the legislature, but in terms of highest approximation to a relative standard or principle. .....

Abdul Kader Laskar and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1967Cal99,70CWN623

..... of the appellants is that section 5-a of the land acquisition act and section 40 of the land acquisition act are mutually exclusive and consequently if any enquiry under section 5-a is held for hearing the objections, there is no scope for an enquiry under section 40 of the act and inasmuch as in the present cast: there was hearing of objections under section 5-a and there was also an enquiry under section 40 and on the basis of both these enquiries and reports under section 5-a and section 40 the declaration under section 6 had been made, the ..... it also appears that although in the original notification under section 4 it was stated that land measuring 1.68 acres was likely to be needed for the public purpose of the construction of the students' home, the declaration which was published under section 6 of the act stated that land measuring more or less .49 acres was needed for the said purpose of construction of students' home. ..... on 26th march 1963 the appellants moved this court under article 226 of the constitution challenging the legality of the declaration under section 6 of the land acquisition act and a rule nisi was issued by banerjee, j. .....

Emperor Vs. K.C.B., a Pleader

Court : Kolkata

Reported in : AIR1935Cal547,157Ind.Cas.998

..... this is a reference under section 14(b), legal practitioners act, made to this court, by the learned district judge of burdwan, recommending the suspension of a pleader practising at katwa, for one year, on the ground that the pleader was guilty of grossly improper conduct in the exercise of his ..... judgment, the pleader concerned was guilty of fraudulent or grossly improper conduct in the discharge of his professional duty, as contemplated by section 13(b), legal practitioners act. ..... of the facts and circumstances appearing from the materials on the record, we have come to the decision that an order of suspension of the pleader for the period of three months will sufficiently meet the justice of the case before us; and we direct accordingly. ..... it appears that the pleader was charged by the sub-divisional magistrate, katwa, for having falsely told one bazrang lal marwari that the sub-divisional officer, katwa, had ordered that 'the goods be sent to the person they belonged to,' in respect of twenty-three tins of ghee ..... the tins of ghee to be sent back to the person they belonged to; that the sub-divisional magistrate had permitted the disposal of the tins of ghee, which were the subject-matter of a charge under section 16(1)(c), bengal food adulteration act, is wrong. ..... magistrate of burdwan as required by law; and the district magistrate held that the conduct of the pleader was most reprehensible, and was of opinion that action should be taken against him under the legal practitioners act. .....

N. Vajrapani Naidu and anr. Vs. the New theatre Carnatic Talkies Ltd. ...

Court : Supreme Court of India

Reported in : AIR1964SC1440; [1964]6SCR1015

..... had included in a solemn registered deed a provision which would bear upon the relative rights of the parties in the event of the erection of buildings on the site, the stipulation would have effect notwithstanding the act; for in such an event the tenant would not have constructed buildings on the land in the hope that he would not be disturbed from possession so long as he paid the rent agreed upon. ..... if however the parties had recourse to a formal registered instrument for putting through the transaction and such a deed contained a stipulation against erection of buildings, or against the continuance of the buildings on the land at the termination of the tenancy, or what comes to the same thing against the tenant being entitled to compensation for the buildings erected by him during the currency of the lease, the stipulation would govern the rights of the tenant and ..... before, however, taking up the words of the section, it would be useful to read the preamble and certain of the other provisions of the act because it is in the light of the guidance afforded by them that the content of the proviso to ..... section 1 (3) of the act which defines the tenancies within the local area to which the act extends enacts (to read the provision as it now stands) that the act shall apply only "to tenancies of land created before the commencement of the madras city tenants protection (amendment) act, 1955 and in any municipal town or village to which this act is extended by notification under .....

In Re: S. Mohan Kumaramangalam

Court : Chennai

Reported in : AIR1951Mad583; (1951)IMLJ174

..... dated 5-7-1950 that the arrest was effected mainly because he was wanted by the madras police for detention and that there was not much material to form the basis of grounds to sustain the detention of the petitioner in bombay the action of the bombay government should be deemed to be illegal; because on atrue and correct interpretation of section 3 (1), preventive detention act of 1950, the state of bombay has no territorial jurisdiction to detain a person on account of bis activities which ..... alternatively, it is urged that the madras government also has no jurisdiction to serve an orderof detention on the petitioner since it should be deemed that though he is physically within the confines of the state of madras, legally he should be deemed to be in bombay because of section 2 (3) of act xlviii [48] of 1949. ..... the full bench held that if at the time when a person is undergoing an imprisonment as a result of an illegal arrest and imprisonment an order of detention under the bombay public safety measures act was served on him, it cannot be said that the subsequent detention is illegal. ..... before we concern ourselves with the various questions of law raised before us by the learned counsel for the petitioner, it is necessary to consider the legal position regarding the nature of the petitioner's detention in the vellore central jail. .....

Pujamal Awadayappa and anr. Vs. State of Bombay

Court : Mumbai

Reported in : AIR1951Bom244; (1950)52BOMLR788; ILR1950Bom795

..... are of the opinion that although separate sentences can legally be passed at the same trial on a person charged with offences punishable under section 65(b), section 65(1) and section 66(b), prohibition act, subject to the limit as regards aggregate punishment imposed by section 71, penal code, ordinarily one sentence alone should be passed for the offence of manufacturing liquor under section 65(b) and no separate sentences should be passed for the offences of possessing materials or apparatus for manufacturing liquor and for possessing liquor punishable under section 65(f) and section 66(b) of the act. ..... they have been convicted under section 65(b), bombay prohibition act for manufacturing liquor, section 66(b) for possessing liquor and section 65(f) of the act for possessing materials and apparatus for the purpose of manufacturing liquor ..... 506, in which the accused was convicted under sections 417 and 420, penal code, and sentenced separately for these offences, it was observed that it is not legal to sentence an accused person to two separate punishments for what is substantially the same act, though it falls under two separate definitions of ..... the same view and observed that where a person is found guilty of a criminal act, which is punishable under two different sections of the penal code, he may be convicted under both the sections, but he should be punished only under that section which imposes the higher penalty. ..... my mind, this section regulates the measure of punishment. .....

Sushil Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 1998CriLJ2848

..... the petitioner was detained under an order of the district magistrate, haridwar, dated 21-5-97 in exercise of its powers under section 3(2) read with section 3(3) of the act for preventing him to act in a manner prejudicial to the maintenance of public order.3. ..... it was contended further that as the detenu was in jail, the mere possibility of his release would not have given a tool to the district magr istrate for initiation of a proceeding for preventive detention as materials should have been there to justify an apprehension that the detenu would, after his release, indulge in activities prejudicial to the maintenance of public order.4. ..... it was also contended that even if the criminal case against the petitioner was taken to be true, it was not a ground by itself to invoke the provisions of the act as the detaining authority had no material before it to conclude that in case the detenu came out of jail, he would again indulge in serious offence causing threat to public order. ..... the state is no doubt liable to look to the grounds of detention before its approval, as required under section 3(4) of the act and to consider it afresh after receipt of the opinion of the advisory board recommending detention as also in disposing of any representation, but the law nowhere makes it incumbent upon the state to hear the petitioner, especially after ..... subsequently, one constable was also killed in a retaliatory measure by the persons of the muslim community. .....

P.L. Lakhanpal Vs. the Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1507; [1967]3SCR114

..... had made representations either directly or through certain persons and had addressed letters explaining his position, that on the basis of those representations and letters and the report about his past activities called for from the police and after considering those materials the central government felt satisfied that if the petitioner were to be released, he was likely to resume his prejudicial activities and, therefore, his detention ..... the said order is mala fide and illegal being contrary to the policy statements made on behalf of the government in parliament from time to time to restrict the operation of the act and the rules : (a) for purposes of defence only, and (b) in border states; and (v) that the said order is mala fide as it is motivated by punitive rather than preventive considerations. 4. ..... 1 (1) will have to depend upon materials placed before it and before it decided to award any penalty it had to come to an objective determination on certain facts and this was the only manner in which it could carry out the duties imposed ..... obvious that the manner in which the question of continuation of detention enjoined upon by rule 30a (9) has to be determined is by applying the objective standard as against the subjective opinion or the belief of the detaining authority i.e. ..... by weighting evidence brought before or collected by such authority relevant to the purposes under rule 30 (1) (b) and rule 30a (9) and then coming to a decision whether the order of detention needs .....