Judgment Search Results Home > Cases Phrase: legal metrology act 2009 section 30 penalty for transactions in contravention of standard weight or measure Court: punjab and haryana

Simranjit Singh Mann Son of S. Joginder Singh Mann Vs. State of Punjab ...

Court : Punjab and Haryana

Reported in : 1995CriLJ3264

..... the act is a special act and creates a new class of offences called terrorist acts and disruptive ' activities as defined in sections 3(1) and 4(2) and provides for a special procedure for the trial of such offences under section 9(1), the central government or a state government may by notifications published in the official gazette, constitute one or more designated courts for the trial of offences under the act for such area or areas, or for such case or class or group of ..... be formulated, when sikhs can live independently and its name should be as khalistan and i say there should be no khalistan athlete there shall be khalistan because the sacrifices which have been done for cause of khalistan shall not be allowed to go spare/waster in 1992 one person gave me an affidavit that his son has been killed by the police and i say that if your ..... 1994 (2) ren cr 4 it was by this court:'the power of the court under article 226 or 227 of the constitution for the purposes of quashing the criminal prosecution are circumscribed and can be exercised only in proper eases for the enforcement of fundamental or legal rights or where it manifestly appears that there was a legal bar against the institution or continuance of the criminal proceedings in respect of the alleged offence where the allegation in the fir ..... of gujarat' : 1988crilj938 ; the supreme court observed that tada was an extreme measure to be resorted to when the police is not in a position to tackle ..... the use of standard procedures. .....

Kacharu Ram Niader Mal Vs. District Magistrate and anr.

Court : Punjab and Haryana

Reported in : AIR1966P& H399; 1966CriLJ1189

..... result, therefore, is that a detention order made under rule 30 of the defence of india rules can be challenged either under section 491(1)(b) of the code of criminal procedure or article 226(1) of the constitution on all such grounds on which its validity or legality could always be challenged except for the enforcement of such rights as are conferred by part iii of the constitution which may be mentioned in the presidential order ..... was as follows:'paragraph 7 as stated does not give complete picture though it is correct that the petitioner was convicted in 5 cases one under section 308, indian penal code and the other under the arms act, and the third he was convicted under section 394, indian penal code and his conviction has been upheld by this hon'ble court. ..... . it was laid down in clear terms therein that the propriety or reasonableness of the satisfaction of the central or the state government upon which an order for detention under section 3 of the preventive detention act was based, could not be raised and the supreme court could not be invited in a petition under article 32 of the constitution to undertake an investigation into sufficiency of the ..... ordinarily there is no justiciable right of a detenu to question either his order of detention or the terms or restrictions imposed under the defence of india rules by virtue of any alleged violation of section 44 of the defence of india act which is directory but the validity of the detention can be canvassed on two main bases or grounds .....

Samir Nayar Vs. State Punjab and anr.

Court : Punjab and Haryana

Reported in : 2008CriLJ4528

..... complaint, annexure p-1 under sections 41-43 read with section 62 of the standards of weights and measures act, 1976 (hereinafter to be referred as the act) in the court of learned chief judicial magistrate, ludhiana, containing the allegations that after conducting inquiry, the officers of the legal metrology department, patiala and jalandar gave reports to controller, legal metrology punjab vide letter no ..... in re: kimberly clark labour limited (supra), the complaint was instituted for the offences under the weights and measures act within the period of limitation, but the magistrate took cognizance after expiry of ..... /distributed and delivered standard tapes measures to various states in the interstate transaction, without verification and stamping by the weights and measures department and, as such, the petitioner has committed the offences under sections 41, 42 and 43 read with section 62 of the act and the rules. ..... as per the provisions of section 64 of the act, which is in pari materia with that of section 141 of the negotiable instruments act, in the event of an offence under the act having been committed by a company, every person who at the time when the offence was committed, was incharge and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be ..... was sent to assistant controller legal metrology patiala for onwards submission to director legal metrology new delhi through controller legal metrology punjab.4. .....

In the High Court for the States of Punjab Vs. Union of India and ors.

Court : Punjab and Haryana

..... (1) the prayer in this petition is to strike down section 33 of the legal metrology act, 2009 to the extent it prescribes imposition of penalty for the use of unverified weight or measure on the seller, distributor or the person who delivers or otherwise transfers.as according to the petitioner, the aforesaid provision ultra-vires articles 14, 19 and 21 of the constitution of india. ..... or causes to be manufactured or sells or offers.exposes or possesses for sale, any weight or measure which,- (a) does not conform to the standards of weight or measure specified by or under this act; or (b) which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this act, except where he is permitted to do so under this act, shall be punished with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with ..... - (1) every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the controller may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed. .....

Parkash Chandra Vs. Union of India and anr.

Court : Punjab and Haryana

Reported in : AIR1965P& H270

..... word or any sketch, plan, model, article, note document or information which relates to or is used in a prohibited place, or relates to anything in such a place, or which has been made or obtained in contravention of this act or which has been entrusted in confidence to him by any person holding office under government or which he has held obtained or to which he has held office under government or as a person who holds or has ..... and the basic indication in the grounds embodied in annexure 'd' is that the petitioner is being detained as a retentive measure since it is apprehended as a preventive measure since it is apprehended as a preventive measure since it apprehended that he would disclose some which would be prejudicial to the security of india as also to ..... petitioner submitted a report dated 31st january 1964 which after giving a report dated 31st january 1964 which after under section 10 of the act to the effect that there was sufficient cause for the detention of the petitioner (annexure 'r'),(4) mr. i. m. ..... mentioned above to the various secretaries is quite different from the power or authority to make the order which would depend on the rules made for the more convenient transaction of the business of the government of india under article 77(3) ..... all says that the order of detention dated 4th december 1963 (annexure 'b') is a mere reproduction of the legal provision and does not obtain any grounds on which the satisfaction of the central government was based, reliance has been placed .....

The State of Punjab and anr. Vs. Harish Chandra (India) Pvt. Ltd.

Court : Punjab and Haryana

Reported in : 2004(2)ARBLR203(P& H)

..... by the arbitrator shows that the arbitrator had taken into consideration the terms of the contract agreement and, thereafter, came to the conclusion that the contractors were not required to make arrangement for protecting the canal works from the ravages of floods in the natural drainages which stood disturbed because of the construction activities and other factors prevailing in area.67. ..... in recent time, error in law and fact in basing an award has not been given the wide immunity as enjoyed earlier, by expanding the import and implication of 'legal misconduct' of an arbitrator so that award by the arbitrator does not perpetrate gross miscarriage of justice and the same is not reduced to mockery of a fair decision of the lis between the ..... thus, the legal position which emerges out from the settled law with regard to the scope of interference under section 30 of the act is that once the parties had chosen the arbitrator as a judge to decide the dispute between them, then the decision of the arbitrator ..... it was further held that since the transaction between the parties was a commercial transaction, therefore, the contractors were also entitled to the future interest at the rate of 12% on the awarded amount from the date of decree ..... to be that which 'will not support a man's weight, whereas daldal is clay which will flow like molasis'. ..... the entries made in the measurement book by the department themselves showed that a conglomerate existed ..... 76,000 as a measure of settlement by .....

State of Punjab Vs. Jawahar Mal and Sons, Delhi

Court : Punjab and Haryana

Reported in : AIR1959P& H424

..... well knew that these engineers were the persons who were to determine the quality and character of the materials in question; they knew that these engineers had to do that as well as to act as arbitrators.knowing that, they agreed that they would accept the arbitrators and they could not turn round and say that, because their judgment was erroneous, therefore, they were not bound ..... and from deciding according to the evidence and according to the advice which might be given him, he should not be stopped from carrying on the arbitration, particularly because under the 19th section of the arbitration act, 1889, there was a method by which the contractor could, if he felt aggrieved, obtain the opinion of the court upon the true construction of the contract. ..... in such a position that it is not fitting or decorous or proper that he should act as arbitrator in any one or more of those disputes, the contractor has the right to appeal to a court of law and 'they are entitled to say, in answer to an application to the court to exercise the discretion which the 4th section of the arbitration act vests in them, 'we are not satisfied that there is not some reason for not submitting this question to the arbitrator. ..... considered that any order to stay legal proceedings in a court of law would not be granted if it could be shown that there was good ground for apprehending that the arbitrator was not likely to act fairly in the matter for that it was for some reason improper that he should .....

Associated Hotels of India Ltd. Vs. Excise and Taxation Officer and an ...

Court : Punjab and Haryana

Reported in : AIR1966P& H449; [1966]17STC555(P& H)

..... this case namely:(i) whether the supply of meals to residents in the petitioners' hotel in the admitted circumstances of this case amounts to sale of foodstuffs in question within the meaning of section 2(h) of the punjab act;(ii) if so, whether allowing 75 per cent rebate for charges other than those relating to food in the case of other hoteliers and only 50 per cent rebate being allowed to the petitioners amounts to an objectionable discrimination against them and is liable ..... held as follows:'it may be fairly assumed that the appellant in the present case by implication appraised the respondent that the oysters were to be eaten, and if the transaction constituted a sale of the oysters within the purview of either the common or statute law, then there would seem to have been a warranty, and the respondent would ..... been drawn between a sale of an article and the furnishing of food at an eating house, hotel or restaurant; the latter partaking rather of the character of service, in which case the standard of liability is the failure to use that reasonable care which the circumstances require. ..... up of contracts of the type originally defined in section 2(c) of the punjab act has been deleted by the amending act 18 of 1960 it is certainly not permissible to allow a thing of the type done in the instant case in the total absence of any legal provision purporting to authorise such splitting up. ..... the weight was obtained by weighing the garment before putting zari on it and the garment was .....

Chandigarh Administration Vs. Nemo

Court : Punjab and Haryana

Reported in : (2009)156PLR489

..... or digital abuse;[c] in case the medical board finds any inmate to be a victim in terms of the direction [b] above, the matter shall be reported to the local police forthwith and further legal action, as per the law, shall follow;[d] the petitioner administration is directed to provide the best medical treatment to all the inmates of the government run/aided institutes and no plea or pretext of ..... we may summarise and say that the medico legal literature has been relied upon as an external aid for interpreting section 3[3] of 1971 act to mean that in the case of a mentally retarded pregnant woman also the consent of her guardian is essential, as according to shri gupta, the persons classified as ' ..... rape and resulting in an unwanted pregnancy as well as the highly debatable issues relating to interpretation of the statutes relevant to the situation have arisen for consideration, this court, therefore, vide an order dated 30th may, 2009 requested the learned advocates general for the states of punjab and haryana to provide assistance and also appointed sarv shri r.s.cheema and m.l.sarin, learned senior advocates as amicus-curiae to ..... genuine possibility of certain complications like chances of abortion, anaemia, hyper-tension, prematurity, low birth weight baby, foetal distress, including chances of anaesthetic complications, if the victim in the present case, ..... , anaemia, hypertension, prematurity, low birth weight babies, foetal distress and more chances of ..... low birth weight may have .....

Smt. Madhu Garg Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : 2004CriLJ3726

..... it has been further mentioned that the detenue vinod kumar garg had admitted in his statements dated 24-8-2003 and 25-8-2003 made under section 108 of the customs act, 1962 (hereinafter referred to as 'the customs act') that though he made his elder brother narsi dass garg and two of his employees proprietors of certain firms, yet he and his brother narsi dass garg were the actual controlling persons of all these ..... the aforesaid writ petitions in the nature of habeas corpus have been filed for quashing the orders of detention dated 20-10-2003 and dated 23-10-2003 passed by the joint secretary to government of india, new delhi under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as 'the cofeposa act') against detenue, vinod kumar, garg and his brother narsi dass garg, respectively, being violative of fundamental rights guaranteed under articles ..... in view of the aforesaid facts, it was clearly discernible that when the alleged firms of the detenu were incapacitated to indulge in importer exporter code, there was no occasion for any preventive measure by way of detention order to be initiated against the detenu. ..... on the basis of the aforesaid legal position, the learned senior counsel for the petitioner then pointed out the facts and circumstances of this case and the material which was not placed by the sponsoring authority or brought to the notice of the detaining authority, and was not .....