Court : Karnataka
Reported in : [2008]146CompCas236(Kar); 2008(2)KarLJ695
..... bulk or in the same orgoods by a wholesaler, to smaller quantitiesany person, for anypurpose other thanresale, includes thatwholesaler-----------------------------------------------------------------------------------2. rule 2(o) of standard of rule 2(w) of standards of the standards ofweights and measures weights and measures weights and(packaged commodities) (packaged commodities) measures lawrules, 1977 'retail rules, 1977 'wholesale manualdealer' in relation to any dealer' in relation to ..... in which it is defined in indian statutes and the rules framed thereunder, relating to trade, such as the definitions contained in the monopolies and restrictive trade practices act, 1969, standards of weights and measures (packaged commodities) rules, 1977, etc. while bringing out the distinction between 'wholesaler' and 'retailer', he relied on the following.-------------------------------------------------------------------------------------------sl. definition of definition of sourceno .....
Tag this Judgment!Court : Karnataka
..... the said notification. (2) the goods to be specified under sub-/section (1) shall be those in relation to which it is required under the provision of the standards of weights and measures act, 1976 (central act 60 of 1976) or the rule made being thereunder or under any other law for the time being in force, to declare on ..... the transaction that is the subject of tax. it cannot be said that once sale has taken place which attracts tax, it can be levied and measured on any standard divorced from the subject of sale. 193. permitting this means permitting legislation to insert one or other of the essential ingredients of sale by creating legal fiction, which in ..... of goods act, 1930, the price ......................remains an integral part of sale which becomes subjects of tax and the levy cannot be divorced therefrom where price and not the weight of goods is the measure of tax. 208. if sections 4a is designed to bring a levy into existence which is divorced from the sale subject to tax under .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(83)ECC393; 2002LC516(Karnataka); 2002(144)ELT506(Kar)
..... retail sale price. - (1) the central government may, by notification in the official gazette, specify any goods, in relation to which it is required, under the provisions of the standards of weights and measures act, 1976 (60 of 1976) or the rules made thereunder or under any other law for the time being in force, to declare on the package thereof the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR3370; 2009(2)KarLJ64; 2008(3)KCCR1616; 2008(4)AIRKarR373; AIR2008Kar168; 2008AIHC2985(Kar)
..... which are impugned at annexure-a and al. the petitioner has also sought for a writ to declare rule 6(1)(d) of standard weights and measures(package and commodities) rules 1977 ('the rules' for short) as ultravires of the standard weights and measures (package and commodities) act, 1976 ('the act' for short).2. the case of the petitioner is that they are engaged .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR2894; 1994(1)KarLJ224
..... confined to the last portion of rule 17(2) pertaining to the expenses incurred by the inspectors for visiting the premises including the cost of transporting the working standard and other equipments.3. the authorities are entitled to collect the expenses by virtue of rule 17(2). the right is statutory. they cannot deny the ..... fee shall be charged at half the rates specified in schedule xii and the user of the weight or measure shall also pay the expenses incurred by the inspector for visiting the premises including the cost of transporting the working standard and other equipment subject to a minimum of rupees ten.'(underlining is done here)2. according ..... by the enforcement of sub-rule (2) of rule 17 of the karnataka standards of weights and measures (enforcement) rules 1988. the entire rule 17 is quoted below:17. fee for verification and stamping :-(1) fees payable for verification and stamping of weights or measures at the office or camp office the inspector shall be as specified .....
Tag this Judgment!Court : Karnataka
..... under section 31 of the act. when there is no allegation with regard to the standard weight or standard units or quality of the articles inside the packages, the question of production of the 28 documents with reference to any weight or measure and any non-production of the documents will not attract section 31 of the ..... understood, there must be a declaration on the pre- packaged commodities. thereafter, unless there is some discrepancy inside the package, regarding the weight, standard quantity and quality and number and such standard quantity or number must be contained inside the said pre-packaged commodity. if there is any violation of section 18(1), then only ..... manufacturer s address, date of manufacture/packed month and year, maximum retail price and customer care telephone number and declared size, number and standard, but the quantity, number, size, weight and the quality of 24 the articles which ought to have been inside the pre- packed packages is found to be perfect and correct .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR3816; 2001(5)KarLJ453
..... the plaintiff is that the provisions of the act are not applicable to his concern. when an enactment is made with the object of providing for enforcement of standard weights and measures and for the matters connected therewith, if any person violates the provisions of the enactment, he is liable for the consequences provided under the act. ..... is justified. on the basis of the pleadings the trial court has framed the following issues.--1. whether the plaintiff proves that the provisions of the karnataka weights and measures act is not applicable as the platform scale is not used for commercial or trade purpose?2. whether the plaintiff is entitled for damages?3. ..... in this appeal are referred to as arrayed in the trial court.2. the plaintiff-respondent firm has filed a suit for declaration that the provisions of karnataka weights and measures (enforcement) act, 1958 is not applicable to the platform scale held by its concern and for the consequential relief that the seizure of the platform .....
Tag this Judgment!Court : Karnataka
..... one product, the name and number or quantity of each product shall be mentioned on the package (c) the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in ..... is manufactured or pre-packed or imported shall be mentioned in the package. provided that for packages containing food articles, the provisions of the [foods safety and standards act, 2006 (34 of 2006)] and the rules made there under shall apply: provided further that nothing in this sub-clause shall apply in case of ..... have been committed is one punishable under section 36 of the lm act. the said provision is extracted hereunder for ready reference. "36. penalty for selling, etc., of non-standard packages.- (1) whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or .....
Tag this Judgment!Court : Karnataka
..... one product, the name and number or quantity of each product shall be mentioned on the package (c) the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by 17 number, the number of the commodity contained ..... is imported shall be manufactured or pre-packed or mentioned in the package. provided that for packages containing food articles, the provisions of the [foods safety and standards act, 2006 (34 of 2006)]. and the rules made there under shall apply: provided further that nothing in this sub-clause shall apply in case of ..... have been committed is one punishable under section 36 of the lm act. the said provision is extracted hereunder for ready reference. 36. penalty for selling, etc., of non-standard packages.- (1) whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1283; 1997(3)KarLJ683
Kumar Rajarathnam, J.1. The appellant was the petitioner in the Writ Petition. She sought for the issue of a writ of certiorari to quash the order of the 3rd respondent in case No. SC/ST 174/87-88 and also for a writ of declaration to declare that the order of the 4th respondent dated 7.11.1987 as illegal and without jurisdiction.2. The facts very briefly are: The petitioner's mother one Smt. Arundi Thimmakka had taken certain land measuring 5 acres in S.No. 21/6 of Akkathangerakatte village in Honnali taluk, on lease in the year 1969-70 and that she was a tenant in occupation on the appointed day under the provisions of the Karnataka Land Reforms Act. She also made an application for grant of occupancy rights in her favour. The Land Tribunal passed an order in favour of the said Arundi Thimmakka by its order dated 5th May 1976.3. This land was granted under Darkast in favour of Dasa Bhovi, father of Appanna Bhovi, the first respondent herein in proceedings No. M4.DCP. 19/47-48 dated 1...
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