Court : Kolkata
Reported in : 1998CriLJ2281
..... act, 1985, we will find that its preamble suggests as if that it is an act only to provide for the enforcement of the standards of weights and measures established by or under the standards of weights and measures act, 1976 and for matters connected therewith or incidental thereto. but, if we analyse the provisions of this act of 1985, ..... complainant that the concerned packages were connected with any inter-state trade or commerce, mr. p. n. ghosh banks upon the provisions of section 33 of the standards of weights and measures (enforcement) act, 1985 and submits that the provisions of the act of 1976 and the rules relating to the commodities in packaged form shall apply, ..... more than twice the maximum permissible limit as shown in schedule 2 of the relevant rules. the lpg cylinder in question was accordingly seized under section 29 of the standards of weights and measures act, 1976 (for short, 'act of 1976') and it was kept under the safe custody of the petitioner no. 3. the complainant's .....
Tag this Judgment!Court : Kolkata
Reported in : 1991(53)ELT234(Cal)
..... price or the normal price of the goods charged by the manufacturer to his customer as per section 4 of the central excises and salt act under the standard weights and measures (packaged commodities) rules, 1977, the manufacturer was bound to print either a maximum price exclusive of local tax or a maximum retail price on the ..... price. if the retailer sold cigarettes at a price higher than the maximum retail price printed on the packets, proceedings could be taken under the provisions of the standard weights and measures (packaged commodities) rules, 1977.11. although the duty of the manufacturer was to print the maximum retail price on the packets of cigarettes which were ..... to be cured by the new method of levy of excise duty. it was emphasised by mr. sen that the provisions of the standards of weights and measures act, 1976 and the standards of weights and measures (packaged commodities) rules, 1977 will also have to be read along with the notification to get a full understanding of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(4)CHN372
..... was lodged by the inspector of legal metrology with a view to prosecuting the offenders under sections 54, 63 and 74 of the standards of weights arid measures act and rule 39 of the standards of weights and measures (packaged commodities) rules, 1977. the complaint simply defines the credence in respect of petitioner nos. 2 and 3 as ..... haldi powder found in the premises under section 29(1) for the violation of sections and rules mentioned in the complaint punishable under section 63 of the standards of weights and measures (packaged commodities) rules, 1977 and kept the seized article in his custody. as the employee kashi nath dutta did not sign the seizure list ..... maintainable and the learned magistrate erroneously rejected their petition filed in this regard in the court below.6. mr. nandi drawing my attention to section 74 of the standards of weights and measures act, 1976 as also a decision reported in 1998 cr. lj 2281 (calcutta high court) indian oil corporation ltd. v. s.a. neyazi, .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)ARBLR302(Cal)
..... corporation with the officials of the anti-adulteration cell have no power or jurisdiction to conduct raid or to make search and seizure under the provisions of the standards of weight and measures (enforcement) act, 1985 and the motor spirit and high speed diesel (regulation of supply and distribution and prevention of malpractices) order, 1998 ( ..... property. the quality of the petroleum product supplied for retail sale and distribution to the customers is to be maintained and observed strictly in accordance with the standard and norms laid down by the aforesaid order. thus, the right of the respondent-corporation vis-a-vis obligation of the writ petitioners emanating from the ..... units had been tampered with. the inspection team came to the purported conclusion that the seals of all the dispensing units had been tampered with. the totalizer weights and measures were not present. there was a shortage of more than 3000 litres of both unleaded petrol lubricants (upl) and high speed diesel (hsd) .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT580(HC)
..... regulation order, 1998 contains clause 5 which is to the following effect :--'5. edible oil shall be packed in conformity with the provisions of the standards of weights and measures (packaged commodities) rules, 1977 and the prevention of food adulteration act, 1954 and rules thereunder.'14. according to the said respondent, 85 ..... duty of every registered packer to comply with such conditions.' 8. edible oil is required to be packed in conformity with the provisions of the standards of weights and measures (packaged commodities) rules, 1977 and the prevention and food adulteration act, 1954 and the rules framed thereunder. it is, therefore, ..... -in-opposition eastern india edible oil manufacturers association inter alia, slated that the provision of vegetable oils products (control) order. 1947 and vegetable oil products (standard of quality) order, 1975 were in force prior to coming into force of the vegetable oil products (regulation) order, 1998 and edible control packaging (regulation .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal217
..... 161 (c), the covenant was to pay 100/- and interest by equal half yearly instalments 'in sterling in gold coin of the united kingdom of or equal to the standard of weight and fineness existing on september, 1, 1928''. the contention of the promisor was that the agreement was to pay fixed sums in sterling in one particular form of legal tender ..... , 4th edition,'page 242). 14. in 1934 ac 161 at 172 (c), lord russell observed: 'the parties are referring to gold coin of the united kingdom of a specific standard of weight and fineness not as being the mode in which the company's indebtedness is to be discharged, but as being the means by which the amount of that indebtedness is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal520
..... why the renewal of the manufacturing license of the appellant for the year 1965-66 should not be refused under rule 23 (3) of the west bengal standards of weights and measures (enforcement) rules, 1959 for the appellant's failure to comply with the provisions of rule 24 of the rules. 5. the appellant had shown ..... question that is involved in this appeal is whether the appellant is liable to disclose in the fortnightly returns that are submitted by him under the west bengal standards of weights and measures (enforcement) act, 1958, the sets of component parts which if assembled, would make complete weighing machines. in this connection, we may refer to ..... verification in such manner as may be prescribed. rule 24 of the rules framed under the act provides that every manufacturer or repairer of, or dealer in weights, measures, weighing instruments or measuring instruments shall maintain such records in such form and submit such returns as the controller may direct. 3. in the fortnightly .....
Tag this Judgment!Court : Kolkata
Reported in : [1972]85ITR500(Cal)
..... take notice of as 'notorious facts'. according to the learned commentators :'the court will take judicial notice of facts which are notorious, e.g., the ordinary course of nature, the standards of weight and measure ; the public coin and currency and its difference of value in early and modern times ; . . . . the meaning of common words and phrases, e.g., ..... income-tax officer as being produced by the assessee. the valuer never came to give evidence nor was he subjected to any cross-examination. to find, therefore, the weight or truth or the correctness or even reasonableness of such an opinion, the method of cross-examination was not available. that is one handicap in this case. the ..... inserted by section 39 of the finance act of 1964 with effect from 1st april, 1964. admittedly, this is not a case coming within that exception.102. the weight and the probative value of a valuer's report, whether he is an expert or not, depends fundamentally on two basic facts, viz.;--(1) the reasons given by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal371,95CWN550
..... market yard, construction and repair of approach roads, shops and shelter for traders and agriculturists, facilities for drinking water, facility for maintenance of standard weights and measures. every market committee is expected to provide such basic facilities within the market area, before such market area starts functioning as the exclusive ..... bridges. as such it can be said that the market fee collected has to be spend for maintenance and improvement of the market, maintenance of standard weights and measures, providing shelter, parking accommodation and water for the persons, cattle, vehicles and pack animals, construction and repair of approach roads, culverts ..... are necessary for the purposes of the market and for the health, convenience and safety of the persons using it; provision for and maintenance of standard weights and measures, providing facilities, such as shelter, parking accommodation and water for the persons, draught cattle, vehicles and pack animals coming or being .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1922Cal260,66Ind.Cas.782
..... so that where, as in this case, forgery comes in question in a civil suit, the presumption against misconduct is not without its due weight as a circumstance of improbability, though the standard of proof to the exclusion of all reasonable doubt required in a criminal case may not be applicable: cooper v. slade(1858) 6 h. l. ..... adopting the requirements of the prudent man as an appropriate concrete standard by which to measure proof, if, at the same time, expressed in terms, which allow full effect to be given to circumstances or conditions of probability or improbability, ..... . as was pointed out by jenkins, c. j, in gopestsur dutt v. bisiessur dutt 13 ind. cas. 577 : 39 c. 245 : 16 c. w. n. 265., the standard of proof to establish a will required by the indian statutes is that of the prudent man and not an absolute or conclusive one. the indian evidence act, while thus .....
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