Court : Guwahati
Decided on : Jul-16-1979
..... above after hearing the other party to the proceeding.8. mr. sharma has also referred to a division bench decision of the calcutta high court in municipal commissioners, raniganj v. kedar kalwar : air1954cal27 , a decision which really goes against his contention. though the question before me was not discussed in the ..... at pp. 69-70, approved by the supreme court in w. slaney v. state of madhya pradesh : 1956crilj291 and in payare lal v. state of punjab : (1962)illj637sc , it will be a case where the trial has been conducted substantially in the manner prescribed by the code, but some irregularities have ..... of its powers of revision under the codes of civil and criminal procedure, but, as already noted, no such period was fixed under the limitation act of 1908. but even then, it became the usual practice of several high courts not to entertain criminal revisional applications made after the period fixed ..... sc 411 where the supreme court has, after referring to krishnasami's case with approval, observed (at 414) that under section 5 of the limitation act, 'an order excusing the delay is not final and is liable to be questioned by the respondent at a later stage'. it is true that ..... the only question that would arise for consideration is that when a complaint is not made by a court, or by a public servant acting or purporting to act in the discharge of his official duties, whether failure to examine the complainant after taking of cognizance and before issuing process would vitiate the .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-16-1979
..... oil was also found in the sample. on receipt of the report the health officer (p. w. 1), after obtaining sanction from the chairman, nowgong municipality, filed a complaint before the magistrate against the petitioner under the aforementioned section.3. the prosecution examined three witnesses, including the health officer who took the sample ..... case, in brief, was that on 5-6-1971 dr. m.d. sadullah (p. w. 1) who is the urban health officer of nowgong municipality took 375 ml. mustard oil as sample from the shop of the petitioner by observing the necessary formalities. a part of the sample was sent to the ..... in support of this contention he relied on the decision of the bombay high court in b. a. sawant v. state : air1969bom353 ; lachhman dass v. state of punjab 1972 fac 752 (punj); sadhu singh v. state 1975 fac 295 (punj); ultadanga oil mill v. corporation of calcutta 1963 (2) cri lj 448 (cal). ..... in putting the sample of tea leaves in 'cloth sacks' violated the provisions of rules 14, 15 and 16 framed under the p. f. a. act and that on account of exposure to moisture because -of defective packing the samples must have deteriorated, and if they did not conform, on analysis, to ..... baidya nath sah, a dealer in food-stuff at panigaon within nowgong municipality was convicted by the chief judicial magistrate, nowgong under section 16(1)(a)(i) read with section 7 of the prevention of food adulteration act (hereinafter referred to as the act) and sentenced to r. i. for 6 months and also to .....Tag this Judgment!