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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 1972 Page 11 of about 143 results (0.080 seconds)

Sep 04 1972 (HC)

Municipal Committe Vs. Pritam Singh

Court : Punjab and Haryana

Decided on : Sep-04-1972

Reported in : 1973CriLJ1331

..... to the allegations on which the respondent was tried, on the morning of 24th of may. 1967. the municipal food inspector krishan kumar p. w. 1 went to the respondent's shoo and disclosing to him his identity purchased from him 450 grams of ..... , was however, accepted by shri k. s. bhalla, additional sessions judge, amritsar- aeainst this order of acauittal dated 4th of june. 1969. the municipal committee, lamritsar, has come up in appeal with the leave of this court under section 417 (3) of the code of criminal procedure.2. according ..... , 31 years old shopkeeper of amritsar was prosecuted under section 16(1)(a)(i) of the prevention of food adulteration act on the complaint of krishan kumar, food inspector of the municipal committee, amritsar. for selling adulterated ghee. finding the charge proved against him. the trial magistrate convicted him and sentenced ..... committed the offence of selline adulterated food and committed an offence under s, 16 (i) (a) (i) of the prevention of food adulteration act. we, accordingly set aside the order of his acquittal recorded by the learned additional sessions judge and convict him for this offence. the conduct of ..... adulterated article of food, which has prevailed with the learned additional sessions judge, is also untenable. section 7 of the prevention of food adulteration act lavs down that no person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute any adulterated .....

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Apr 27 1972 (HC)

Municipal Corporation of Delhi Vs. Moti Lal

Court : Delhi

Decided on : Apr-27-1972

Reported in : 1972CriLJ1536; 8(1972)DLT394

..... judge, delhi, on 8th december, 1966 and the respondent was acquitted. aggrieved against the orders of acquittal, the appeals have been preferred by the municipal corporation of delhi. (2) on 22nd october, 1965, food inspectors shanti nath and dina nath took two samples of khoa from the respondent which ..... indian penal code . or section 403 criminal procedure code . mr. chawla, the learned counsel for the respondent referred to a decision of the punjab high court in bhagwan dass kaka ram v. the state 1960 criminal law journal 16571. in that case the petitioner was prosecuted under section ..... these cases what was prohibited was the plying of the trade. the separate transactions as such were not prohibited. in the prevention of food adulteration act, however, the prohibition relates to selling, or storing for sale any article of food which is adulterated etc. thereforee, each transaction of selling and ..... were noticed by the bench. after noticing same further decisions of the english courts and the provisions of the prevention of food adulteration act and the criminal procedure code, the bench drew a distinction between sale and storing for sale and came to the conclusion that it may technically ..... advantageous to read certain relevant provisions of law. these are section 403 criminal procedure code and sections 7 and 16 of the prevention of food adulteration act. the same read as under: 'criminal procedure code s. 403(1) a person who has once been tried by a court of competent jurisdiction for .....

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May 23 1972 (HC)

Gurbachan Singh Vs. the State of Punjab

Court : Punjab and Haryana

Decided on : May-23-1972

Reported in : 1973CriLJ765

..... by order dated 17th november 1970 he has challenged his conviction and sentence through the present revision petition.2. on 11th september 1969 at about 7 a.m. municipal food inspector pal dass went to the petitioner's shop and there found him selling milk, curd and other eatables. pal pass after serving a notice on ..... meaning. the direction given in section 11(1)(c)(iii) is intended to be a command. it is in nature mandatory.the prevention of food adulteration act confers on the accused a right of appeal against the report of the public analyst and the statute further entitles the accused to have the sample retained by ..... )(iii) of section 11 were considered in chinta-mani's case 1964 all lj 893 and it was held as under:in section 11. prevention of food adulteration act, 1954. the word used is 'shall' the normal connotation of which is 'must'. there is no reason with it should not be given its natural and ..... cases provided by rules under this act. separate the sample then and there into three parts and mark and seal or fasten up each part in such a manner as its nature permits; and(c)( ..... 893. in order to appreciate the argument raised on behalf of the petitioner, reference will have to be made to section 11 of the prevention of food adulteration act. which is in the following terms:11. (1) when a food inspector takes a sample of food for analysis he shall.(a) ...(b) except in special .....

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Apr 18 1972 (HC)

Swarn Singh Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Apr-18-1972

Reported in : 1973CriLJ398

..... proper witness to be associated for the purposes of satisfying the requirements of section 10(7) of the act. the criticism of mr. bipon behari lal advocate against ram niwas being a stock witness of the municipality for prevention of food adulteration case, may or may not be conrect. of course the witness cannot ..... of that type, the securing of the sample would be struck down as violative of the provisions of sub-section (7) of section 10 of the act. as it is the evidence of the food inspector alone has been held by their lordships of the supreme court in babulal hargovindas v. state of ..... vitiated in this case on the additional ground that the disputed sample was obtained without complying with the mandatory requirements of section 10(7) of the act.with very great respect to my learned brother narula j. i regret i cannot subscribe to his view in all its aspacts. the desirability of ..... creates doubt about his bona fides, and the fact that he omitted to prepare the relevant memo under section 10(7) of the prevention of food adulteration act, further makes the entire prosecution case doubtful.this is how in rameshwar dass radhey lal's case . (supra) narula, j., interpreted and applied the above ..... first of these cases gurdev singh, j. with whom shamsher bahadur, j. agreed, observed with reference to sub-section (7) of section 10 of the act:when the law enjoins that the sample be taken in the presence of two persons, it clearly contemplates that the evidence relating to the taking of sample .....

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May 12 1972 (HC)

H.K. Mehta and ors. Vs. Municipal Corporation of Delhi

Court : Delhi

Decided on : May-12-1972

Reported in : 1973CriLJ1511

..... matter of fact the decision of the supreme court in the case of municipal corporation of delhi is complete answer to the contention of the petitioners. in this case also ..... and by implication, the supreme court must be deemed to have disapproved of the rule laid down by the full bench of the punjab and haryana high court in chint ram's case air 1971 punj 310 : . as a ..... amendment of the standard for sauce under the act. secondly, the full bench was merely following the decision of the same court in an unreported case cr. appeal no. 996 of 1961, state of punjab y. rajkumar decided on 29-10-1962. the decision in that case was not approved by the supreme court in municipal corporation of delhi v. shiv shanker : 1971crilj680 ..... contention has been accepted by the learned additional sessions judge and following the decision of the punjab and haryana high court, the learned additional sessions judge has expressed his view that the petitioners cannot be prosecuted for an offence under sections 7/16 of the act.4. the fact that petitioner sham lai kapur holds a valid license under the fruit products .....

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Aug 02 1972 (HC)

ishar and ors. Vs. Sudesh Kumar and anr.

Court : Punjab and Haryana

Decided on : Aug-02-1972

Reported in : AIR1973P& H392

..... effect was the law laid down in rameshwar dutt v. ram kishan, (1963) 65 punj lr 1016, fazal nur v. bibi rani, air 1930 lah 278(2) and in the municipal corporation of greater bombay v. lal pancham, air 1965 sc 1008. the law laid down in all these authorities applies to this case.18. in view of the law laid ..... dismissing the revision petition in limn was passed after considering the merits. however, in view of the law laid down in the aforesaid authorities of the supreme court and the punjab and haryana high court it is held that the order of the subordinate judge disallowing amendment can be attacked in this appeal.11. order vi, rule 17 of the code ..... application by order dated 8th may, 1967. against this order the defendant-vendees preferred civil revision no. 404 of 1967 in this court which was dismissed by s. b. capoor acting c. j., on 14th july, 1967, and the orders passed were thus--'dismissed.'8. the counsel for the plaintiff-respondent raised an objection that since the revision petition against this ..... or after the filing of the pre-emption suit, transfers his right in the property in favour of another person, in that contingency it would be held that he was acting benami for the transferee.' to the same effect was the law laid down in ram saran v. kanwal singh (1964) 66 punj lr 988. the law laid down in these .....

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Apr 24 1972 (HC)

The State Vs. Gurcharan Singh

Court : Punjab and Haryana

Decided on : Apr-24-1972

Reported in : 1973CriLJ301

..... the milk was less by 8 per cent and solid not-fat was less by 7 per cent, from the prescribed standard.2. prosecution produced harbux rai municipal food inspector, (p.w. 1) and jugal kishore (p.w. 2) and closed the case. the learned trial magistrate found that the defence plea ..... 1967 (pun) jai singh v. the state of punjab, decided by r.p. khosla j. on 6.3.1968.4. after hearing the learned counsel for the parties, we are of the opinion that the ..... shopkeeper, could not be termed as independent witnesses and, therefore, came to the conclusion that the provisions of sub-section (7) of section 10 of the act had not been complied with. the learned lower appellate court also relied on an unreported single bench decision of this court in criminal revn no. 1038 of ..... (1962) 2 crilj 779 holding that the food inspector failed to comply with the mandatory provisions of section 10(7) of the prevention of food adulteration act 1954, inasmuch as none of the two witnesses was an independent person in whose presence the sample was taken. the learned appellate court formed the opinion that ..... case against the accused was proved beyond all reasonable doubt and, therefore, convicted the accused under section 16(1)(a) of the prevention of food adulteration act, 1954 and sentenced him to six months rigorous imprisonment and a fine of rs. 1000/- in default of payment of which the accused respondent was further .....

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Dec 12 1972 (HC)

Saurashtra Mazoor Mahajan Sangh Vs. D.M. Vin

Court : Gujarat

Decided on : Dec-12-1972

Reported in : (1974)15GLR32

..... duty, or activity or function was incidentally applied by their lordships on an assumption that the tax department was not an integral part of the municipal service. the municipal service which is undertaken from this capital collected from taxes would always have the tax department as an integral part and, therefore, the test ..... a part and parcel of the panchayat undertaking, in view of the scheme of the act to finance municipal services laid down in schedule 1. section 88 of the act provides that subject to the provisions of the act it shall be the duty of the panchayat to make as far as its finances ..... it is, therefore, obvious that such a tax department which collects charges in order to enable the panchayat to discharge its statutory functions of rendering municipal services was surely industry and could never b treated as regal function. the conclusion in nagpur corporation case has been reached as regards tax and ..... .11. we may at this stage point out that a division bench of the punjab high court consisting of grover, j. and khanna, j. (as they then were) in municipal committee v. ramlal jain a.i.r. 1965 punjab 15 had taken the same view so far as the octroi peon was concerned, ..... by treating the entire question as completely concluded by the nagpur corporation case air 1960 s.c. 675 by holding that octroi duty or terminal tax together with other taxes enable the municipality to discharge its .....

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Sep 15 1972 (HC)

Harbans Singh Harcharan Singh and ors. Vs. the State Agricultural Mark ...

Court : Punjab and Haryana

Decided on : Sep-15-1972

Reported in : AIR1973P& H268

..... . the powers of the executive authority to fix the rate of tax within reasonable limits has been settled in m/s. devi das gopal krishnan v. state of punjab, air 1967 sc 1895. in municipal corporation of delhi v. birla cotton spinning and weaving mills, delhi air 1968 sc 1232, it has been held that a statute can authorise a local body ..... constitution made to this court the petitioner should state the mode of calculation of the valuation. relevant portion of rule 1(a) framed under article 7 of the high court (punjab) order 1947, read with clause 27 of the letters patent and all other powers enabling the high court in this behalf appearing in chapter 8a high court rules and orders ..... and 206 of 1972.2. the petitioners shad filed civil writ petitions in this court challenging the notification no. psamb/5/71 dated july 9, 1971, issued by the chairman, punjab state agricultural marketing board, chandigarh. under this notification potatoes, shakarkandi, onions, arbi garlic and ginger etc., had been categorised as non perishable vegetables and the rate of commission chargeable on .....

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Oct 06 1972 (HC)

Piara Singh and ors. Vs. Shri Guru Granth Sahib Madnipur and ors.

Court : Punjab and Haryana

Decided on : Oct-06-1972

Reported in : AIR1973P& H470

..... institute a suit or initiate an action in a court of law necessarily depends on the procedural and municipal law of a country, it has all along been recognised by jurists and by the highest courts than an institution in the sense of fictitious corporation composed of an idea ..... institution i.e., independently of the building of the mutt or the building of the mosque itself. it is, therefore, nothing strange that the punjab legislature while using the word 'gurdwara' in some parts of the act intended therein to refer to the institution of the gurdwara and not to the physical gurdwara of brick and mortar.' 4. this dictum is in ..... its manager. reliance in this connection was placed upon the following observations of the full bench of this court in mahant lacahman dass chela mahant ishar dass v. state of punjab, ilr (1968) 2 punj 499 (fb): 'from the above discussion of the law on the subject it is clear that though juristic personality carrying with it the locus standi to .....

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