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Judgment Search Results Home > Cases Phrase: standards of weights and measures act 1976 section 54 penalty for contravention of section 29 Page 7 of about 209 results (0.137 seconds)

Feb 19 2008 (HC)

Lion Dates Pvt. Ltd. Vs. Controller, Legal Metrology (Weights and Meas ...

Court : Andhra Pradesh

Reported in : AIR2008AP188; 2008(3)ALT265; 2009(234)ELT434(AP)

..... plain and conspicuous declaration, made in the prescribe manner, of-i. the identity of the commodity in the packageii. the net quantity, in terms of the standard unit of weight or measure, of the commodity in the package;iii. where the commodity is packaged or sold by number, the accurate number of the commodity contained in the ..... orderc.y. somayajulu, j.1. this petition is filed questioning the seizure of the goods belonging to the petitioner under the provisions of the standards of weights and measures act, 1976 (the act) and the standards of weights and measures (packaged commodities) rules 1977 (the rules) made thereunder.2. the case, in brief, of the petitioner is that it gets ..... read with entry 8 in the fifth schedule which relates to 'all kinds of fruits' if weight of the product in the package is noted it is sufficient compliance with the rules. net weight, in terms of standard unit of weight and unit sale price of the commodity in the package are found on the product seized by the .....

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Mar 27 1992 (HC)

Gtc Industrial Ltd. Vs. E.V.P. Abdurahimankutty

Court : Kerala

Reported in : 1993CriLJ1441

..... pieces. the multi-piece package, which in this case was the carton, ought to carry the declarations as required by rule 17(1)(a) and (b) of the standards of weights and measures (packaged commodities) rules. the contention to the contrary does not appear to be tenable.12. in my view, prima facie, the offence as alleged against ..... plain and conspicuous declaration, made in the prescribed manner, of--(i) the identity of the commodity in the package;(ii) the net quantity, -in terms of the standard unit of weight or measure, of the commodity in the package;(iii) where the commodity is packaged or sold by number, the accurate number of the commodity contained in the package; ..... 39 of the said rules and section 63 of the aforesaid act. briefly, the defence of the petitioner is that no offence has been committed. under section 39 of the standards of weights and measures act, 1976 :no person shall ---(a) make, manufacture, pack, sell or cause to be packed or sold; or(b) distribute, deliver, or cause .....

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Nov 11 2008 (HC)

Hindustan Lever Limited Vs. Inspector of Legal Metrology and anr.

Court : Andhra Pradesh

Reported in : 2009(5)ALT622

..... .13. the contention of the learned government pleader is that though the individual pieces, which were five in number, sealed in a single pack conformed to the standard weight envisaged in serial no. 17(b) of the third schedule to the rules, as indicated on the pack, individual units are not for loose sale, and hence ..... , the entire multi-piece pack should be treated as one unit and the total weight of all the five pieces taken together should conform to the standard weight prescribed in the said provision.14. as per the definition of 'multi-piece package' as reproduced above, the multi-piece package ..... proceeding constitutes sheer abuse of process of law.5. opposing the said contentions, the learned government pleader for civil supplies strenuously contended that the petitioner violated the standards of weights prescribed in serial no. 17(b) of the third schedule read with rule 5 of the rules. he further submitted that the impugned proceeding is only .....

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Aug 13 2001 (HC)

Whirlpool of India Limited Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : 2001(78)ECC29; 2000LC33(P& H); 2001(137)ELT42(P& H)

..... by the petitioner has been controverted. the respondents maintain that the notification dated march 1, 2000 has been issued after due consideration. the provisions of the standards of weights and measures act, 1976 are applicable to the products of the petitioner. a refrigerator is sold 'in a package of polythene cover, thermocol, hardboard cartons ..... to the convention. after the convention, the central government had constituted a committee. as a result of the recommendations made by the committee, the standards of weights and measures act, 1956 was replaced by the 1976 act. the enactment was inter alia intended to provide for 'consumer protection in respect of packaged ..... matter. section 33 of the 1976 act empowers the central government to frame rules. in exercise of this power, the central government has framed the standards of weights and measures (packaged commodities) rules, 1977. rule 2(1) inter alia provides that a 'pre-packed commodity with its grammatical and cognate expressions, .....

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Jun 05 2006 (TRI)

Roys Industries Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

..... mumbai bench or whether they should be considered as 'multi-piece package' as per the views of this bench? (ii) whether the exemption under rule 34(b) of standards of weights & measures (packaged commodities) rules, 1977 available for individual pieces is relevant for deciding if the assessment has to be done under section 4 or 4a of the central ..... cce(a) 4. the learned jcdr urged that all the requirements for assessment under section 4a are satisfied in the present case. first, the commodity is notified under the standard of weights and measures act, 1976. under section 4a(1) of the central excise act also, the impugned commodity is notified. the pet jars/poly bags, by no stretch of ..... gms, and is classifiable under central excise tariff heading 1804.00. these goods are notified both under section 4a of the central excise act, 1944 and the standards of weights and measures act, 1976. the appellants are of the view that there is no requirement of affixing mrp in terms of rule 34(b) of the .....

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May 05 2006 (HC)

Subash Arjandas Kataria Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR2006Bom293; 2007(2)BomCR945; 2006(44)MhLj361

..... on a routine inspection of globus stores pvt. ltd. several goods which are a commodity in packaged form, as defined under section 2(b) of the standards of weights and measures act, 1976 read with the definition of pre-packed goods were seized. the petitioner voluntarily gave consent for compounding the offence. the object of the ..... glasses belonging to the petitioner for violation of the provisions of the rules framed under the provisions of standards of weights and measures act, 1976 (which hereinafter shall be referred to as the act), which are known as the standards of weights and measures (packaged) commodities rules, 1977, which hereinafter are to be referred to, as the rules ..... . there is yet another act known as the standards of weights and measurements (enforcement) act, 1985 which hereinafter shall be referred to as the enforcement act. on 22nd october, 2003 as per the pleadings in .....

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Jun 19 1992 (HC)

Bharat Pulverising Mills Ltd. Vs. the Joint Director of Agriculture (i ...

Court : Chennai

Reported in : (1992)2MLJ511

..... analyst measuring the volume of the insecticide and the report of the analyst is to be sent in form xi. it is further alleged that 'weights' and 'measures' are matters governed by the standards of weights and measures act, 1976 (hereinafter referred to as 'the standards act') and the central government, in exercise of the rule-making power contained in section 83 of the ..... , 1977. it is pointed out in the affidavit that it is only the 'director' under the standards act and any person authorised under section 29 of the standards act who can draw samples and determine the weight of volume (measure) and nobody else can determine the weight or measure. it is also pointed out that the insecticide analyst is least qualified to determine the .....

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Apr 02 2008 (HC)

Krishna Chandra Dutta (Cookme) Private Ltd. and ors. Vs. P.K. Sarkar, ...

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, .....

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Jul 10 2006 (HC)

Titan Industries Ltd. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : AIR2006Bom336; 2006(6)ALLMR237

..... apex court was considering the provisions of the act and the rules, considering the scheme of the act and the rules the apex court observed as under:the standards of weights and measures (packaged commodities) rules, 1977 (hereinafter called 'the rules'). chapter ii deals with the provisions applicable to packages intended for retail sale. rule 3 ..... now gainfully refer to the provisions of the standards of weights and measures (enforcement) act, 1985, hereinafter referred to as the enforcement act and the rules framed thereunder which shall be referred to as the ..... to the petitioner, contending that they have been sold in violation of the provisions of the standards of weights and measures (packaged commodities) rules, 1977, hereinafter referred to as the rules, which have been framed under the provisions of the standards of weights and measures act, 1976 which hereinafter shall be referred to as the act. we may .....

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Aug 17 2013 (HC)

Bharat Petroleum Corporation Ltd. and ors. Vs. State of Jharkhand and ...

Court : Jharkhand

..... court below took cognizance against petitioner nos. 2 and 3, namely,sri a.c.sen, and sri swapan kumar mondal, respectively under sections 45 and 47 of the standards of weights and measurement (enforcement) act, 1985( herein after referred as the act of 1985) 2. the facts of the case in brief is that the petitioner no. ..... 214/05 by filing the present writ application.4. sri delip jerath, learned counsel appearing for the petitioner submits that according to the definition of weights and measuring instrument given under section 2(zc) of the standards of weights and measures act, 1976 ( herein after referrred as the act of 1976), storage tank is not an instrument of ..... a special seal referred to in sub-section(3) of section 41 of the standards act."24. 1) "verification and stamping of weights or measures-(1) every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measures is being, or is intended or likely to be used by him .....

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