Prevention of Food Adulteration Act, 1954, Section 2(ia)(a)(m), 7(1)(5), 13(2), 16, Criminal Procedure Code, 1973, Section 482 -- Food adulteration - Quashing of proceedings - Re-analysis of samples - Copy of report of Public Analyst was supplied to petitioner after expiry of best before date stated in the label of sample of food article, hence, petitioner is deprived of..........
Civil Procedure Code, 1908, Order 21, Rule 11, 22, Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Article 135, 136 -- Second execution petition - Execution allowed to be withdrawn and proceedings allowed to be kept intact for filing fresh execution petition - O.23.R.2 CPC and Article 135/136 Limitation Act not applicable to fresh execution petition...........
Prevention of Food Adulteration Act, 1954, Section 20A -- Adulteration in oil - If trial Court is satisfied that manufacturer, distributor or dealer of article is concerned with the offence in addition to the person being tried for such an offence, trial Court may proceed against such manufacturer, distributor or dealer - However, satisfaction of Court is sine qua non for..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle/article/currency notes - Cannot be restricted merely on account of the fact that they were used for commission of any offence...........
Criminal Procedure Code, 1973, Section 451, 457 -- Custody and disposal of property - Power u/s 451 Cr.P.C. - Should be exercised expeditiously and judiciously - It will serve the purpose : (i) Owner of article will not suffer because of its remaining unused or by its misappropriation; (ii) Court or police will not be required to keep article in safe custody; (iii) while..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Civil suit challenging award of Lok Adalat on ground of fraud/misrepresentation - Award of Lok Adalat can be challenged by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very limited ground...........
Evidence Act, 1872, Section 27 -- Recovery of weapon - When recovery is effected pursuant to any statement made by accused, document prepared by I.O. contemporaneous with such recovery need not necessarily be attested by independent witness - If any such statement leads to recovery of any article, it is open to I.O. to take signature of any person present at that time, on..........
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 40, Rule 1 -- Review of criminal judgment by Supreme Court - Normally in criminal proceeding, review applications cannot be entertained except on ground of error apparent on face of record - Power of Supreme Court under Article 137 is wider and in an appropriate case can be exercised to mitigate a..........
Civil Procedure Code, 1908, Section 19, 20, Order 7, Rule 10 -- Defamation - Territorial jurisdiction - Suit for compensation and damages - Defamation caused on account of publication of article in daily newspaper published and circulated in Bihar only - Cause of action does not arise at Delhi merely for the reason that interview took place at Delhi - Mere plea of..........
Defamation -- Proof of - Publication is sin qua non with respect to defamatory article because defamation is only caused when general public comes to know of defamatory article...........
