Court : Delhi
Reported in : ILR1980Delhi50
..... we, would, thereforee, stop at laying down the correct law in terms that addition of cane sugar to cow's milk in this case was not adulteration within the meaning of section 2(ia) of the act and that it could amount to violation of rule 43 if indication in regard to addition of sugar as preservative had not been given on the label of the container or the price list or that word 'pure' was used in addition to 'gayai ka doodh' on the container or the label attached thereto. ..... sabharwal, judicial magistrate 1st class, delhi took the view that the sample of milk sold by the respondent was adulterated within the meaning of section, 2(i)(a) of the act as what had been sold was not of 'the nature, substance or quality' demanded by the purchaser and was to his prejudice or was not of 'the nature, substance or quality' which it purported or was represented to be the basis for ..... (4) feeling aggrieved by the judgment dated january 21, 1972 of the trial court, the respondent went up in appeal which was heard by shri r. n. ..... on november 3 1972 1972 f.a.c. ..... the result was that conviction and sentence of the respondent were set aside and the appeal was allowed vide the impugned judgment dated february 18, 1972. .....
Tag this Judgment!Court : Delhi
..... on or about 30th april, 2014, the petitioner filed oa no.1690/2014, primarily on the ground that disciplinary proceedings could not have continued post retirement as there was no valid sanction/approval under rule 9 (2) (a) of the central civil services (pension) rules, 1972, which are also mutatis mutandis applicable to kendriya vidhayalaya sangathan. ..... , 2016 dismisses the oa, inter alia, relying upon the minutes of the 77th meeting of the board of governors of kendriya vidhayalaya sangathan held on 20th june, 2007, wherein it had been resolved that power under rule 9 of the central civil services (pension) rules, 1972, shall be exercised by the chairman, kendriya vidhayalaya sangathan. ..... ) the petitioner-udbhash mukherjee is facing departmental proceedings under rules 14 of the central civil services (classification, control and appeal) rules, 1965 vide charge sheet dated 28th june, 2006. ..... a sequitur, it follows that board of governors could confer power under rule 9 of the central civil services (pension) rules, 1972 to a particular authority. ..... central civil services (pension) rules, 1972 have been made applicable to the employees of the said ..... article 12 of the education code, all decision taken and orders passed in the past under rule 9 of the ccs (pension) rules, disciplinary cases/other cases in respect of retired employees of k.v.s. ..... we are not impressed with the said argument for the kendriya vidhayalaya sangathan is a society registered under the societies registration act. .....
Tag this Judgment!Court : Delhi
Reported in : 29(1986)DLT167
..... had filed the ejectment petition against the firm on the basis of non-payment of rent and that the learned additional rent controller had passed an order under section 15(1) of the act against the firm and on the failure of the firm to pay the rent, the controller had struck off its defense the senior sub-judge (shri b.b. ..... support of his contention the petitioner produced some letters which had been duly noted by the rent control tribunal in its judgment dated 1st august, 1972 what value is to be attached to the said letters is a question for the civil court to decide but apparently they do support the contention ..... it was held that the exercise of the jurisdiction of controller in evening a tenant under section 14 or in fixing standard rent under section 9 of the act was based on the assumption that the relationship of landlord and tenant exists; that he is not required by any provision of the act to decide the existence of relationship; and that his finding on the question as to the existence of the relationship of landlord and tenant and of the title of the landlord ..... petitioner dated 22nd september, 1971, under order 39, rules 1 and 2, read with section 151 c.p.c. ..... the petitioner moved an application under order 39 rules 1 and 2 read with section 151 ..... tribunal, dated 1st august, 1972 is entitled to challenge the same in the civil court, under sub-section (4) of section 50 of the act.14. ..... class, delhi, dismissing the application of the petitioner under order 39 rules 1 and 2 c.p.c. .....
Tag this Judgment!Court : Delhi
..... back drop, the neat legal issue which arises for consideration is whether there existed an apparent conflict between the two legislations namely, the pfa act along with the pfa rules and the ims act till their alignment and if such an inconsistency existed, whether it was possible for the petitioner company to follow both the legislations simultaneously.4. ..... the petitioners, inter alia, are seeking the following reliefs:- (i) declare the provisions of sections 2(1)(f), 6 (1)(a), (b) and (c) of the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) act, 1992 (hereinafter referred to as the ims act) and rules 6 and 7 (a) and (c) of the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution ..... in view of the discussion above, we arrive at the conclusion that inconsistencies existed between the provisions of the pfa act read with the pfa rules on the one hand and the ims act on the other till the alignment took place on 15.09.1997, so as to make it impossible for the petitioner company to adhere to the provisions of ..... the learned senior counsel for the intervener acash has made the following submission:- (a) the pfa act along with the rules made therein is a legislation actually directed towards prevention of adulteration of food articles whereas the ims act is a special legislation enacted for the purpose of encouraging breast feeding in mothers and dealing with infant .....
Tag this Judgment!Court : Delhi
..... back drop, the neat legal issue which arises for consideration is whether there existed an apparent conflict between the two legislations namely, the pfa act along with the pfa rules and the ims act till their alignment and if such an inconsistency existed, whether it was possible for the petitioner company to follow both the legislations simultaneously.4. ..... the petitioners, inter alia, are seeking the following reliefs:- (i) declare the provisions of sections 2(1)(f), 6 (1)(a), (b) and (c) of the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution) act, 1992 (hereinafter referred to as the ims act) and rules 6 and 7 (a) and (c) of the infant milk substitutes, feeding bottles and infant foods (regulation of production, supply and distribution ..... in view of the discussion above, we arrive at the conclusion that inconsistencies existed between the provisions of the pfa act read with the pfa rules on the one hand and the ims act on the other till the alignment took place on 15.09.1997, so as to make it impossible for the petitioner company to adhere to the provisions of ..... the learned senior counsel for the intervener acash has made the following submission:- (a) the pfa act along with the rules made therein is a legislation actually directed towards prevention of adulteration of food articles whereas the ims act is a special legislation enacted for the purpose of encouraging breast feeding in mothers and dealing with infant .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2007)(117)ECC434
..... this shady instruction 5 was wholly uncalled for and is contrary to the scheme of the act and the rules, and is capable of perpetrating mischief and fraud by shielding the names of the real persons who are engaged in the manufacture of excisable goods and are required to be registered under section 6 of the act read with rule 9 of the central excise rules, 2002, which refer to the registration of the person who produces or manufactures the excisable goods ..... only a person living or juristic can be registered for the purposes of the act and will be liable to assessment and payment of duty irrespective of any name/names that he may adopt for doing the proprietory business.all the excise registrations and assessments under the act and the rules are required to be done in the name(s) of the persons concerned even when they run their proprietory business in different ..... in view of the substantive provisions of section 6 of the said act and rule 9 of the said rules, instruction no.5 in the proforma application form a1 is ultra vires the scope of the said statutory ..... thus, none of the provisions of the act or the rules warrants recognition of mere sole proprietory name as manufacturer or assessee, who would be liable to pay the ..... the scheme of the said act and the rules contemplates, registration and assessment of individuals or juristic persons, and not of mere business names of sole- ..... separately dealt with under sub-rule (2) and penalty in terms of section 11-ac of the act is prescribed. .....
Tag this Judgment!Court : Delhi
Reported in : 47(1992)DLT236; 1995(77)ELT536(Del)
..... the petitioner submitted its reply on 5-10-1981 and submitted that rule 9 of the rules could not override the statutory provisions under the act and as provided under the act, the liability to pay duty arose at the first stage of ..... undoubtedly, if the petitioner has not made the necessary declaration as required under rule 51a, the consequences of violation of that rule would follow, however that is not the question for consideration before us today nor is the question of retention of goods in the factory premises after manufacture of 100% wool tops is a subject of the show ..... thereafter, the government of india in the exercise of powers under section 36(2) of the central excises & salt act, 1944 (hereinafter referred to as the act) issued a show cause notice dated 5-9-1981 to the petitioner as to why the order of board of central excise should not be ..... the words 'which may be specified by the collector in this behalf' occurring in rule 9(1) of the rules do not qualify the words 'any place where they are produced, cured or manufactured', but relate to or qualify the words 'any premises appurtenant ..... on the other hand, it was submitted by the learned counsel for the respondent that though section 3 of the act is the charging section, it does not decide the time at which the duty of excise is to be paid by ..... government held that though section 3 is the charging section, the manner of collection is prescribed in the rules and the central excise has to be paid when goods are removed. .....
Tag this Judgment!Court : Delhi
..... intervenor (respondent no.2) had framed the following question: in this back drop, the neat legal issue which arises for consideration is whether there existed an apparent conflict between the two legislations namely, the pfa act along with the pfa rules and the ims act till their alignment and if such an inconsistency existed, whether it was possible for the petitioner company to follow both the legislations simultaneously. ..... in this view of the matter, the impugned order of framing charge against the petitioner company for non-compliance of the provisions of ims act which provisions could not have been complied with as these provisions were admittedly inconsistent and contrary to the provisions of the pfa act and pfa rules (which admittedly the petitioner was complying with), the impugned order being an illegality is liable to be set aside. ..... penal provisions for non-compliance of the provisions of the pfa act are more stringent qua the provisions of the ims act; the fact that the petitioner company was complying with the provisions of pfa act had not been disputed; the division bench had noted that in view of the inconsistencies existing between ims act and pfa rules as framed under the pfa act and which has also been noted by the government in terms .....
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
..... the appellant has challenged this order mainly on the basis of the ruling of the honble high court of kolkata in tarak nath v. ..... he relied on the ruling of the supreme court in standard chartered bank v. ..... t-4/105-m/88 (scn-ix) for contravention of provisions of section 8(1) of the act to the extent of rs. ..... t-4/105-m/88 (scn-viii) for contravention of provisions of section 9(1)(c) of the act to the extent of rs. ..... t-4/105-m/88 (scn-vii) for contravention of provisions of section 18(2) of the act to the extent of rs. ..... t-4/105-m/88 (scn-vi) for contravention of provisions of section 8(1) of the act to the extent of rs. ..... t-4/105-m/88 (scn-v) for contravention of provisions of section 9(1)(c) of the act to the extent of rs. ..... t-4/105-m/88 (scn-iv) for contravention of provisions of section 18(2) of the act to the extent of rs. ..... t-4/105-m/88 (scn-iii) for contravention of provisions of section 8(1) of the act to the extent of rs. ..... t-4/105-m/88 (scn-1i) for contravention of provisions of section 9(1)(c) of the act to the extent of rs. ..... t-4/105-m/88(scn-i) for contravention of provisions of section 18(2) of the act to the extent of rs. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2001)(73)ECC724
..... was mentioned as under : - "even if one were to invoke section 4 of foreign trade (development and regulation) act, 1992 read with rule 2(h) of exports (control) order, 1988 (as has been done in the departmental appeal) it would still lead one ..... - 1981 (48) stc 61 (bombay), the bombay high court had held that in view of the provisions of the general clauses act, where any act conferred a power to issue a notification, order, rule or bye-law, an expression used in such notification, order, rule or bye-law ought, unless there was anything repugnant in the subject or context, to bear the same meaning as it bore in the act conferring the power [also refer state of karnataka v. ..... of the general clauses act, 1897, where by any central act or regulation, a power to issue any notification, order, scheme, rule, form or bye-law is conferred - then expressions used in the notification, order, scheme, rule, form or bye-law, if it is made after the commencement of that general clauses act, 1897, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the act or regulation conferring the ..... 1992 (87) stc 401 (karnataka, bangalore)].the expression used in the rules made under a statute bear the same meaning as in the act unless otherwise provided [refer shree ram steel rolling mills v. ..... unless the context otherwise requires wherever the expression 'value' occurs in the act, rules or regulations, the same meaning has to be given to it as provided .....
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