Prevention of Food Adulteration Act, 1954, Section 2(ia)(m), 7(i), 16(1)(a)(i) -- Sample of corn-meal taken from Piza Centre - Standard not prescribed for Piza Meal under Rules - It cannot be equated to Corn-Flour - Piza meal was meant for preparation of pizas and not for sale - It cannot be said that either it is adulterated or misbranded though it does not conform to the..........
Factories Act, 1948, Section 2(k),2(m) -- U.P. Industrial Disputes Act, Sections 25-L.25-N - Manufacturing process - Industrial Establishment - The work of the respondents consisted of `cutting of trees by axe and changing the shape of the timber into logs by using hand driven saw - The process of cutting by axe and changing the shape by saw both squarely fall within the..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m), 16(1)((a)(i) -- Ready to serve synthetic soft drink - Item of food sold by petitioner described to be '1800 ml. of pineapple cool drink' - Article sold was neither fruit juice nor was it purported to be made from fruit juice - It was only final food beverage prepared from synthetic soft drink concentrate - No..........
Prevention of Food Adulteration Act, 1954, Section 2(ia) (m), 2(ia)(b),, 7(i) -- Salt - Sample taken from sealed packet - Sample found adulterated - Prosecution of manufacturer - In absence of purchase bills manufacturer cannot be prosecuted - Manufacturer cannot be prosecuted merely for the reason that name of manufacturer, supplier, marketing agency are found on the..........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m), 7(i), 16(1)(a), Criminal Procedure Code, 1973, Section 378(1), 378(2) -- Prevention of Food Adulteration Rules, 1955, R.5 - Ice-cream - Not proved to be manufactured and supplied by accused-manufacturer - Acquittal of manufacturer, proper...........
Prevention of Food Adulteration Act, 1954, Section 2(ia)(m)(b), 16 -- Food article - Below prescribed standard but not injurious to health - Cannot be termed as adulterated - For conviction it must be established that the article or food item seized was subjected to chemical examination and should clearly disclose such an item is adulterated by mixing with any foreign..........
Trade and Merchandise Marks Act, 1958, Section 2(m), 45 -- Trade mark - Infringement - Jurisdiction - Plaintiff carrying on business in the district of Ghaziabad whereas defendant carrying on similar business in district of Faridkot - Plaintiff filed suit before District Jude, Ghaziabad praying for an order of injunction - Held, District Court, Ghaziabad had no territorial..........
Trade and Merchandise Marks Act, 1958, Section 2(m), Copyright Act, 1957, Section 62 -- Trade mark, copyright and passing off - Jurisdiction - A cause of action for infringement of Copyright and a cause of action for infringement of Trade Mark or a cause of action of passing off is different - If a District Court, where plaintiff resides but where no cause of action..........
Consumer Protection Act, 1986, Section 2(1)(m)(i) -- Person - Complainant firm - Complaint signed and verified by only one of the two partners - A firm whether registered or not is a person as provided under Section 2(1)(m)(i) of the CP Act - No irregularity in complaint being signed only by one partner as the provisions of CPC are not applicable to the proceedings before..........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(m) -- Consumer - Company - Even a Company falls under the definition of a consumer in terms of Section 2(1) (d) & (m) of the C.P. Act...........
