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Showing 21 to 22 of 22 Records

• 1952 (5) TMI 8 - HIGH COURT OF CALCUTTA
  

  Company – Incorporation of

  
  
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  ... ... ..... ther than mustard oil which he might or might not have been able to identify. So long as this is not clear, namely, that the adulteration is with something other than mustard oil, whatever that other oil may be, section 407 as far as mustard oil is concerned is not violated. Therefore, in the present case it has become necessary to send the case back to the learned Magistrate for taking fresh action. Under section 425 of the Act, the help of the Public Analyst may be taken advantage of in the present case and the sample of oil may be sent to him for determination as to whether the adulteration is with any kind of oil other than mustard oil derived from mustard seed. This point should be made clear before a conviction can take place. Under the circumstances, the conviction and sentence are set aside and the appeal is remanded to the Municipal Magistrate for further trial in the light of this judgment. It is desirable that the trial should be by some other Municipal Magistrate.

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• 1952 (5) TMI 1 - HIGH COURT AT CALCUTTA
  

  Imports exceeding licence value

  
  
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  ... ... ..... jee v. Simmonds and AIR 1949 P. C. 307 Meenakshi Mills Ltd. v. Provincial Textile Commissioner . 21.A further point was raised that the petitioner has suppressed material facts in the petition and it is pointed out that the fact of first notice of auction sale and the fact of sale have not been stated. I do not think that there is any substance in the point. A copy of the notice is annexed to the petition and the sale is not admitted by the petitioner. 22.In my view this petition should succeed in part. The Rule is made absolute as against respondents Nos. 3 and 4 to the extent that the order of confiscation and imposition of fine of Rs. 200, dated 23rd April 1951 is quashed. The petitioner is entitled to the costs of the present proceedings from respondents 3 and 4. Hearing fee is assessed at three gold mohurs. The rule as against respondents Nos. 1, 2 and 5 is discharged and the petitioner will pay the costs of respondent No. 5 hearing fee being assessed at two gold mohurs.

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