Judgment Search Results Home > Cases Phrase: standards of weights and measures act 1976 section 56 penalty for contravention of section 33 Court: kerala Page 1 of about 1 results (0.045 seconds)

M/S. Mahindra and Mahindra Ltd., Rep. by Its Power of Attorney Holder ...

Court : Kerala

Reported in : 2011(2)KLJ613; 2011(2)ILR(Ker)804; 2011(2)KLT1040; 2011CrLJ3791; 2011(2)KHC582

..... carton or other thing, or (e) expresses, in relation to any transaction, industrial production or protection, any quantity or dimension., otherwise than in accordance with the standard weight or measure, shall be punished with fine which may extent to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may ..... number of the net contents of any package on the package itself or on any label, carton or other thing, otherwise than in accordance with standard weight or measure. sale of a vehicle is not in packages or in carton or on the basis of a label. therefore, section 11(d) is ..... in relation to any transaction, industrial production or protection, any quantity or dimension, otherwise than in accordance with the standard weight or measure." section 41: "41. penalty for contravention of section 11:- except where he is permitted under the standards act so to do, whoever, in relation to any goods or things which are sold, transferred, distributed or .....

CochIn Refineries Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2002Ker290

..... was only a misreading of the act that had prompted the statutory authorities to proceed against them in the matter. as regards rule 14{1) of the kerala standards of weights and measures (enforcement) rules, to the extent it provided for, verification and calibration of storage tanks, petitioners submitted that the rule went far beyond the statutory ..... from refinery or ship. this involved a contract and consequent accountability and therefore falls within the ambit of 'transaction' denned in section 2(z) of the standards of weights and measures act, 1976. it had been averred that the products in the storage tanks were drawn and sold to various dealers and this also involved a ..... claim is resisted. it is submitted that the distribution of the products as available in the terminal is a transaction coming within section 2(z) of the standards of weights and measures act. reference is also made to the definition 'sale'. it is pointed out that basic approach to the issue has been erroneous. after the .....

Union of India (Uoi) and Vs. Godrej-ge Appllences Ltd.,

Court : Kerala

Reported in : 2009(235)ELT435(Ker); 2008(3)KLT694

..... action whatsoever against the petitioner pursuant to or in implementation of any of the provisions of the standards of weights and measures act, 1976, the standards of weights and measures (packaged commodities) rules, 1977, and the standards of weights and measures (enforcement) act, 1985 in respect of the manufacture, sale, storage, packing and ..... that certain packets of computer paper manufactured by the petitioner and kept for sale did not bear the mandatory declarations as envisaged in the standards of weights and measures (packaged commodities) rules. the packages were seized. prosecution was initiated against the petitioner and others. the contention of the petitioner ..... to the existing production, distribution and consumption patterns of the country or region concerned. the various enactments such as the contract act, the standards of weights and measures act, the motor vehicles act, the monopolies and restrictive trade practices act, the food adulteration act etc. were found to be .....

Salu Vs. Assistant Controller

Court : Kerala

Reported in : 2005(3)KLT520

..... cannot be exercised for releasing the vehicle since that power could be exercised only in relation to a proceeding pending before a court. the kerala standards of weights and measures (enforcement) rules, 1992 framed by the state government in exercise of the powers conferred by section 72 of the enforcement act and which ..... custody of a tanker lorry seized by the assistant controller (flying squad), department of legal metrology, thrissur, for allegedly violating section 37(1)(vii) of the standards of weights and measures (enforcement) act, 1985 (hereinafter referred to as 'the enforcement act' for short), comes up before us on a reference by one of us, ..... that the provisions of the said act shall have effect notwithstanding anything inconsistent therewith contained in any other act including the standards of weights and measures act, 1976 (hereinafter referred to as the 'standards act' for short) or in any instrument having effect by virtue of any other enactment. there is a similar .....

Hindustan Lever Limited Vs. the Controller of Legal Metrology and ors.

Court : Kerala

Reported in : 2009(2)KLJ378

..... the instant case admittedly being 225 gms, is not liable to be treated as of standard weight.16. the standard weight stipulated under the above entry is obviously in respect of the 'individual items' to be packed and never the total weight of the 'multi - piece package' defined under rule 2(j) of the rules. this is more evident from the fact that the ..... words, the idea and understanding of the respondents is that, since clause 17(c) of the 3rd schedule stipulates that the commodity to be packed shall be in the standard weight of 25 gms, 50gms, 75 gms, 100 gms, 125 gms, 150 gms and thereafter in multiples of 50 gms, the net ..... show - cause notice stating that the petitioner had committed an offence under section 39(5) of the act and rule 5 of the rules, read with section 33 of the standards of weights and measures (enforcement) act 1985. this was replied by the petitioner vide ext. p3, explaining the facts and circumstances, also producing the requisite materials, asserting that the action .....

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 .....

B.S. Ajith Kumar and Others Vs. State of Kerala and Others

Court : Kerala

..... with the rules. in this connection, i also note that the parliament has now enacted a new act viz., the legal metrology act, 2009, repealing the standards of weights and measures (enforcement) act, 1985. the government of india has already framed central rules viz., the legal metrology (general) rules, 2011, in r.28 ..... inspector, legal metrology in relaxation of the qualification stipulated in the enforcement rules. (iii) to declare that ext. p7 special rules are ultra vires the standards of weights and measures (enforcement) act, 1985 and violative of s.72 of the act and hence null and void to the extent of repugnancy. (iv) to ..... minimum qualification of graduation was made compulsory for appointment to the post of inspector. the government of kerala later promulgated the kerala standards of weights and measures (enforcement) rules, 1992 under the kerala standards of weights and measures (enforcement) act, 1985, which came into force subsequently as per s.72(1) of which, the state .....

The Managing Director, Perfetti Van Melle India Private Ltd. Vs. the S ...

Court : Kerala

Reported in : 2011(3)KLT850; 2011(3)KLJ784; 2011(3)ILR(Ker)922; 2011(3)KHC741

..... filed by the second respondent alleging commission of offences punishable under section 39(4), 63 and 67 of the standards of weights and measures act, 1976 (hereafter referred to as act) r/w rules 4, 6(1), 12(6), 23(1) and 39 ..... of the standards of weights and measures (packaged commodities) rules 1977 (hereinafter referred to as rules). 2. on 1.9.2003 the second respondent was ..... . unlike the word extra which may not describe the actual quantity of commodity contained in the package exhibited for sale, here, the weight of the commodity contained in the package was specified and it would create no doubt nor can it mislead the consumer. the object of ..... when the commodity was packed. the other offer made is only free; it does not from part of the declaration as to the net weight of the commodity contained in the package. so far as it relates to this case the word free means: costing nothing, gratuitous (blacks .....

Eciyo Coconut Oils Pvt. Ltd. Vs. State of Kerala

Court : Kerala

Reported in : 2002(1)ALT(Cri)123; 2002CriLJ1087

..... legal metrology, perumbavoor alleging offences punishable under sections 18, 45, 47, 48, 49, 50, 51 and 56 of the standards of weights and measures (enforcement) act, 1985, rule 24 of the standards of weights and measures(enforcement) rules, 1992 and rule 39 of the standards of weights and measures(packaged commodities) rules, 1977. on an earlier occasion, the inspector of legalmetrology filed a compliant against petitioners .....

Presteege Textile Enterprises Vs. Controller, Legal Metrology

Court : Kerala

Reported in : 2005(4)KLT762

..... , carton or other thing, or(e) express, in relation to any transaction, industrial production or protection, any quantity or dimension;otherwise than in accordance with the standard weight or measure.'the respondents support their action, relying on sub-section (c) of section 11. the said sub-section has to be interpreted in the light of ..... counsel on both sides.4. section 11 of the act reads as follows:11. prohibition of quotations, etc. otherwise than in terms of standard weight or measure.except where he is permitted under the standards act so to do, no person shall, in relation to any goods or things which are sold, transferred, distributed or delivered, or ..... notice to the petitioners stating that the measurement regarding the area of the showroom has not been expressed in standard unit and therefore, the same is in violation of the provisions in section 11 of the standards of weights and measures (enforcement) act, 1985. they were called upon to show cause why they should not be .....