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SUPREME COURT OF INDIA

Year of decision: 2019
Details

Food Adulteration Act, 1954, Section 13(2) -- Offence of misbranding - Charge of adulteration when not made - Right to obtain second opinion from Central Laboratory u/s 13(2) of the Act - Word `adulterated' in S.13(2) of the Act has to be read as including `misbranded' - Procedure prescribed u/ss 11, 13 of the Act has to be complied with, regardless of whether..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Food Adulteration Act, 1954, Section 20A -- Impleadment of manufacturer - Application by retailer - Provision of S.20-A of the Act distinguish between a vendor and manufacturer of a food article - Very purpose of provision of S.20-A of the Act is to enable Court to implead manufacturer or distributor during trial of vendor of food article, so as to detect and punish..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Food Adulteration Act, 1954, Section 13 -- Report of Public Analyst - Purpose of S.13 of the Act is to give a second opportunity to accused against whom prosecution is initiated under the Act based on Public Analyst's report to get relevant food sample tested again by Central Laboratory - Since Central Laboratory report will have precedence over that of Public Analyst,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Food Adulteration Act, 1954, Section 13(2) -- Offence of misbranding - Non-compliance of S.13(2) of the Act, would not be fatal in every case, if it is found that sample is still fit for analysis...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Food Adulteration Act, 1954, Section 13(2) -- Second analysis of sample - Sample of jelly - Offence of misbranding - Jelly contains sugar/sucrose as per Public Analyst's Report - However, label on packaging claims that jelly is `sugarless' - Hence, Public Analyst's finding on whether sugar as an ingredient is present in jelly sample is crucial to proving offence of..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Removal of construction raised by defendant in Gali in question - Gali exists in between houses of parties - Defendants not contended that Gali is under their exclusive ownership and/or possession, rather they have denied very existence of same - Since defendants admitted construction having..........

KERALA HIGH COURT

Year of decision: 2019
Details

Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - S.18(3) of Family Courts Act is subject to Ss.39(1)(a), 39(4) CPC...........

KERALA HIGH COURT

Year of decision: 2019
Details

Family Courts Act, 1984, Section 18(3), Civil Procedure Code, 1908, Section 39(1)(a), 39(4) -- Execution - Family Court which passed decree cannot execute a decree personally against JD who actually and voluntarily resides or personally works for gain or carries on business within jurisdiction of another Family Court - In such case, decree is liable to be transferred u/s..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no prejudice, whatsoever,..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 302, 120B -- Murder - Gun shots injuries - Non-recovery of empties of fired cartridges - Any act of commission/omission of I.O cannot go to advantage of accused - But in present case where FIR is said to have been registered within half an hour of occurrence and investigation also commenced and no reason found as to why `empties' and..........

Showing : 581-590 of 58596 Results