Court : Mumbai Aurangabad
..... kokadwar to accusedsociety, was on 24.3.1994 and he found that the accused were not holding valid licence for storage of milk and sale thereof under rule 50 of the rules under the pfa act, which attracts penalty under sections 16 and 17 of the pfa act and, therefore, submitted that the impugned judgment rendered by the learned trial judge, acquitting the respondentsaccused, deserves to be quashed and set aside and the respondentsaccused are required to be punished, suitably.18. ..... 1 to 4 (respondents herein) for the offence punishable under section 7(i) read with rule 50, punishable under sections 16 and 17 of the prevention of food adulteration act, 1954 ("pfa act" for brevity's sake).the factual matrix, which gives rise to present appeal, is as follows.03. ..... evidence, it is amply clear that there is nothing on record to indicate that the accusedsociety is indulging into storage of milk for the purpose of sale, and in the absence of evidence in that behalf, it cannot be said that licence under rule 50 of the rules under the pfa act, was necessary for the business run by the accused. ..... kokadwar, was appointed as food inspector under section 9 of the pfa act and rules made thereunder, for ahmednagar district, vide order dated 17.7.1993 by the commissioner, food and drug administration, maharashtra state, bombay who is the local (health) authority for panchayat samiti block areas with ahmednagar .....
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..... according to the petitioner, the reasons given in the order dated 29-02-2012 and 03/06-09-2012 does not find place in the act and rules, and therefore, same reasons are illegal, arbitrary and against the provisions of law and contrary to the judgment and order dated 04-08-2011 passed by the high ..... therefore, when the state, its delegated authority or an instrumentality of the state or any person who acts under a statutory rule or by administrative discretion, when its actions or orders visit the citizen with civil consequences, fairness and justness require that in an appropriate case, the affected citizens must have an opportunity ..... i say and submit that, there is no statutory provision either in bombay police act or under rules for licensing and controlling places of public amusements (other than cinemas) and performances for public amusement, including melas and tamasha's 1960, wherein the authority would compel to the ..... it is further submitted that, there is no statutory provision either in the bombay police act or under the rules for licensing and controlling places of public amusements (other than cinemas) and performances for public amusement, including melas and tamashas 1960 wherein the authority would compel to the applicant ..... i have also perused the relevant provisions of the bombay police act, relevant rules which are applicable in the facts of the present case and also other material placed on record and the judgments of the hon'ble supreme court and this court cited .....
Tag this Judgment!Court : Mumbai Aurangabad
..... that the investigation was carried out by the police personnel and complaint has been lodged by the police personnel and not by the food inspector as contemplated under sections 10 and 11 of the prevention of food adulteration act, which sustains a fatal blow to the prosecution in the instant case. 11. ..... 126 of 2010 is registered against the applicant for the offences punishable under sections 272, 328 and 420 of the indian penal code and sections 5, 7 and 12 of the food adulteration act, be quashed and set aside, as well as prayed that charge sheet no. ..... rules, the said powder is not harmful to human body, as well as since the mixture prepared therefrom also is not harmful to the human body and since the investigation has been carried out by the police personnel and not by the food inspector as contemplated under section 11 of the prevention of food adulteration act, and since apparently, there appears to be abuse of process of court, this is a fit case to quash and set aside the first information report ..... rule is made absolute accordingly. ..... rules, 1955. ..... rule is made returnable forthwith and present application is taken up for final hearing with the consent of the learned counsel for the parties. 2. ..... for the offences punishable under sections 120b, 272, 328, 420 of the indian penal code and sections 5, 7 and 12 of the food adulteration act. 6. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... or managers (such manager being employed mainly in a managerial or supervisory capacity) to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission by the company of any offence under this act and may give notice to the local (health) authority, in such form and in such manner as may be prescribed, that it has nominated such director or manager as the person responsible, alongwith the written consent of such director ..... , shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. ..... the initial burden may be on the prosecution to lay down foundation, to make case to satisfy the requirements of provisions of section 17 (1) (a) (ii) or under section 17 (4) of the act, but, after giving evidence which can form basis, the directors will have to say about their or other's liability. ..... section 2 (ia) (a), 2 (ia) (m) punishable under sections 16 and 17 of the prevention of food adulteration act, 1954 [hereinafter referred to as 'the act' for short] and the rules framed thereunder. .....
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..... greater than twice the maximum permissible error, or (d) any such package does not bear thereon or on a label affixed thereto the declarations to be made under these rules, the director or the authorized person shall take punitive action in accordance with the provisions of the act, against the manufacturer, or as the case may be, the packer[***]: provided that no such punitive action shall be taken if fresh tests are carried out under sub ..... -rule (4) of rule 24, but if after such fresh tests any such error or omission as is referred to in this sub-rule is detected, the director or the authorized person shall take appropriate punitive action in ..... that, the allegations made in the complaint do not make out any case under the provisions of the 'standards act' and 'packaged commodities rules' and the complaint and the order of issuance of process thereto are liable to be quashed and set aside. ..... position as stated in the earlier explanation and further pointing out that there has been a compliance with the provisions of law and there has been no violation of the provisions of standards act, enforcement act and packaged commodities rules and further expressed their inability with regard to the inquiry in relation to the alleged offences. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... , rule 1 of the code of civil procedure; and it shall be the duty of the government pleader, - (a) to appear ..... in the high court are enumerated in rule 14 of the rules and sub-rules (3) and (4) are relevant for the purpose, which are quoted as below: 14(3) duties as government pleader: - unless otherwise provided in these rules, the government pleader shall act for the state or its officers in respect of the judicial proceedings filed in the court and shall be the recognised agent of the state or its officers within the meaning of order xxvii, rules 2, 4 and 8 read with order iii ..... the prerequisite for removal of law officer under rule 30(5) is that, (i) he shall be guilty of such act or conduct; and (ii) in the opinion of the government in the law and judiciary department, such act or conduct is incompatible with his duties as such law officer. 12. .....
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..... , idgah, imambara, dargah, maqbara or other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf, (d) in case of a society registered under the societies registration act, 1860, any member of such society, and (e) in the case of any other public trust, any trustee or beneficiary; section 2 (13) public trust : means an express or constructive trust for either a public ..... order dated 15.1.1986 directed that said shri sheri shiva mandir, shamprasad garden, jalna to be registered as a 'public trust' under section 20 of the bombay public trusts act, 1950 and certificate of a section is issued in the name of opponent shri kedargir harigir in the capacity of manager and further due entries be recorded in the register kept u/s 17 of the ..... of the competent authority exh.66, certified copy of the declaration of ownership of land sy no.229 to the extent of 2 acres under the relevant provisions of the tenancy act dated 13.10.1956 exh.67, namuna no.5 exh.68, pahani patrak no.3 for the year 1955-1959 exh.69, pahani patrak 1951 to 1952 and khasara patrak 1954-1955. ..... shivgir in the suit property will devolve upon original respondent no.1 kedargir as per rules and order of succession to the males in the bombay state enumerated in article 72 ..... the commissioner of hindu religious charitable endowments, madras reported in air 1972 sc 1716 hon'ble supreme court has observed that, : to determine whether a temple was public or .....
Tag this Judgment!Court : Mumbai Aurangabad
..... then relied upon radhu gokul gawli (supra) to contend that the ambit of adjudication under section 32 and 98 of the act operate in different fields and the case of the respondents could not have fallen within the ambit of section 98. ..... the case of malhari s/o amruta surnar (supra), this court has held that explanation added to section 38-e by maharashtra act, 45 of 1961, does not obliterate and wipe out the tenancy rights of a protected tenant in any manner. ..... obvious that legislature has only conferred the powers upon the authority to act in furtherance of provisions and for the purposes of 1950 act to see that its aims and objects are achieved and preserved. ..... he therefore submits that even if the summary eviction application under section 98 of the tenancy act was held to be maintainable, the same could not have been brought out of the purview of section 5 since the said application was disguised to be in fact an application ..... as such, i conclude that the application preferred by the applicants under section 98 of the act of 1950 was maintainable and has been correctly so held by the deputy collector, land reforms and the maharashtra revenue tribunal, ..... when section 98 does not prescribe any limitation and looking to the scheme of the act of 1950, the intent and object of the legislature is quite clear. ..... the final register of tenancy rights under rule 23 (i) of the hyderabad tenancy and agricultural lands (rules), 1950, is maintained in form ..... and others, reported at 1972 rev. r. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... court after taking into consideration catena of the earlier judgments held as under: "the legal principles which emerge from the various judgments laying down when an act of a statutory authority would be a quasi judicial act are that where (a) a statutory authority empowered under a statute to do any act (b) which would pre-judicially affect the subject (c) although there is no lis or two contending parties and the contest is between the authority and the subject, and ..... the petitioner filed a petition before the hon'ble chancellor, purportedly u/s 76(7) of the maharashtra universities act, 1994, thereby challenging the appointment of the present respondent no.4 to the post of associate professor for english subject. ..... the legislative scheme and the anatomy of the act is to be considered in its entirety, it would show that the chancellor has an administrative control. ..... if there is power to decide and determine to the prejudice of a person, duty to act judicially is implicit in the exercise of such power. 19. ..... there are no statutory rules setting out the procedure of conducting inquiries. ..... chapter iii of the maharashtra universities act, 1994 deals with the officers of the university, their powers and functions. ..... the rule requiring recording of reasons must be observed in letter and spirit. ..... there is no legal right or entitlement but a benefit conferred on the complainant by the rule of law. ..... rule accordingly made absolute in above terms. ..... rule made returnable forthwith. ..... rule. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the learned counsel submit that, when the decision making process is vitiated on account of non adherence to the principles laid down in rule 3 of the control order 1966, then this court can interfere and exercise the powers of judicial review. ..... t he central government is empowered to fix the minimum price of sugar cane from time to time under rule 3 of the sugar cane control order, 1966 (for the sake of brevity hereinafter referred as the "control order 1966"). ..... state of maharashtra reported in 1995 (supp) 3 scc 475 to submit that, the price fixation can be challenged on the ground that the authority did not act in accordance with guidelines for fixation of price laid down in the control order 1966. ..... the argument that words from time to time appearing in rule 3 of the control order 1966 would mean that as and when there is fluctuation of the price of sugar, the f.r.p. ..... the term "having regard to" in rule 3(c) of the control order 1966 would mean that, minimum price of the sugar cane payable by the producer of sugar would be in consonance with sub clause (a) to (g) of rule 3 of the control order 1966. ..... 3 of the maharashtra regulation of sugarcane price (supply to factories) act 2013. ..... the fixation of the price has to be reasonable and in consonance with the legislative policy and is required to give effect to the purpose and object of the act. ..... has to be reasonable and in consonance with the legislative policy, so also has to give effect to the purport and object of the act. .....
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