AI Overview...
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Sample Testing Compliance - The samples in some cases were found to be non-compliant with prescribed testing guidelines, with delays and withholding of complete reports impacting the case's outcome. The court emphasized that such violations warrant exemplary punishment to uphold justice Daljit Singh VS State - Jammu and Kashmir.
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Mechanical Filing of Appeals - Courts expressed concern over the habitual filing of appeals in a mechanical manner, suggesting that such conduct is suitable for imposing exemplary costs or penalties, especially when evidence is extracted and sealed properly at the scene State of J&K VS Jarnail Singh - Jammu and Kashmir.
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Responsibility and Authenticity in Sample Collection - The importance of verifying the source of samples, such as blood or food, was highlighted. If samples are obtained from individuals or entities, proper inquiries and procedures should be followed to ensure authenticity, with courts considering negligence or misconduct in collection methods RANJAN SHARMA VS SIMRANJEET KAUR - Consumer.
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Food Adulteration and Sample Sufficiency - Multiple rulings under the Prevention of Food Adulteration Act stressed that even if the sample quantity is insufficient but analysis is possible without difficulty, the evidence remains valid. Courts have underscored the need for deterrent and exemplary punishment to serve social justice, especially in cases of food adulteration like milk and spices Municipal Board VS Sumer Raj - Rajasthan, State of Rajasthan VS Smt. Kaku Bai - Rajasthan, Municipal Board Ripar VS Pokar Ram - Rajasthan, Nagar Parishad, Alwar VS Ganga Lahari - Rajasthan, State of Assam VS Amrit Lal Ghose - Gauhati.
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Presumption and Seriousness of Food Adulteration - In cases involving adulterated food items such as chillies, the law presumes guilt based on proper sampling and analysis, emphasizing the serious nature of such offences and the need for deterrent punishment Nagar Parishad, Alwar VS Ganga Lahari - Rajasthan.
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Delay and Procedural Violations - Delays in filing complaints and violations of procedural provisions can lead to dismissal or penalties, including exemplary costs, especially when such delays are used to unjustly prolong proceedings or undermine the legal process Indofil Industries Ltd VS State of Punjab - Punjab and Haryana.
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Exemplary Punishment and Public Health - The courts consistently advocate for deterrent and exemplary punishment in offences related to food adulteration and health hazards to reinforce social justice and protect public health Municipal Board VS Sumer Raj - Rajasthan, State of Rajasthan VS Smt. Kaku Bai - Rajasthan, Municipal Board Ripar VS Pokar Ram - Rajasthan, State of Assam VS Amrit Lal Ghose - Gauhati.
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Cost Imposition as Deterrent - Courts have directed the payment of exemplary costs, sometimes substantial, to deter frivolous appeals or misconduct, underscoring the importance of maintaining integrity in legal proceedings and enforcement actions State of J&K VS Jarnail Singh - Jammu and Kashmir, Tulsi Das VS Union of India - Rajasthan.
Analysis and Conclusion:
The sources collectively highlight the judiciary's stance on ensuring strict compliance with testing procedures, the importance of authentic sample collection, and the necessity of deterrent punishments in cases of food adulteration and related offences. Courts are vigilant against procedural violations, habitual litigant misconduct, and inadequate sample handling, emphasizing that such measures are vital for social justice, public health, and maintaining the integrity of legal processes. Imposition of exemplary costs and punishments serves as a crucial deterrent to uphold the rule of law and protect societal interests.
Search Results for "Exemplary Sample"
2004 0 Supreme(J&K) 297 • India - Jammu and Kashmir
S.K.GUPTA
that the sample testing was not in compliance with the guidelines. ... The court also noted the delay in testing the sample and the withholding of the complete test report, which led to the conclusion ... Ratio Decidendi: The court relied on the non-compliance with testing guidelines and the delay in testing the sample to quash ... deserves to be awarded exemplary punishment. ... 30 days of the receipt of sample. ... with regard to failure of sample on account of adulteration. ... Res....
2017 0 Supreme(J&K) 1041 • India - Jammu and Kashmir
MOHAMMAD YAQOOB MIR, B.S.WALIA
interference – Court also record our concern about manner in appeals are being filed mechanically - Fit case for imposition of exemplary ... of same was extracted for chemical examination sample packet and remaining contraband was seized and sealed on spot, besides tanker ... to registration of case FIR No - Police Station, u/S's, NDPS Act - Recovered contraband was found to be weighing 1 kg 300 gms - Sample ... Although, it is a fit case for imposition of exemplary costs for filing of appeal mechanically, yet we refrain....
• India - Consumer
K.D.SHAHI, LUXMI SINGH
... Such a doctor must pay compensation, which must be exemplary, so ... Simranjeet Kaur or somebody else gave the sample then the appellant should have inquired from Dr. P. Kaur. ... another person, writes the name of another patient, gives his report and the other day says it that it was not her blood instead a sample ... It is nowhere in this para, who has taken out the sample. ... He gave a sample and said that he wants to donate his blood, therefore, the sample should be examined.....
1986 0 Supreme(Raj) 544 • India - Rajasthan
GUMAN MAL LODHA
PREVENTION OF FOOD ADULTERATION ACT, 1954 - S. 7/16, 20-AA - RULES 22 - ADULTERATION OF FOOD - SUFFICIENCY OF SAMPLE - DIRECTORY ... The court also considered the fact that the Public Analyst had no difficulty in analyzing the sample of food stuff in spite of insufficient ... It requires deterrent exemplary punishment for social justice. ... 7. Let me now examine the Supreme Court decision. In State of Kerala v. Allassery Mohd. ... Since the Public Analyst had no difficulty in analysing the sample of food stuff in spit....
1986 0 Supreme(Raj) 475 • India - Rajasthan
G M.LODHA
PREVENTION OF FOOD ADULTERATION ACT - S. 7/16 - R. 22 OF THE PREVENTION OF FOOD ADULTERATION RULES - SUFFICIENCY OF SAMPLE FOR ... It requires deterrent and exemplary punishment for 'social justice'. ... 7. Let me now examine the Supreme Court decisions. ... 8. ... Since the Public Analyst had no difficulty in analysing the sample of food stuff inspite of insufficient quantity, the legal and logical consequence of it is that the accused-respondent is guilty of adulteration according to the report of the chemical Analyst in this case.
1986 0 Supreme(Raj) 596 • India - Rajasthan
GUMAN MAL LODHA
PREVENTION OF FOOD ADULTERATION ACT, 1954 - SECTION 7/16 - ADULTERATION OF MILK - SUFFICIENCY OF SAMPLE FOR ANALYSIS - RULE 22 ... The court also considered the fact that the public analyst had no difficulty in analyzing the sample of milk despite the insufficient ... It requires deterrent and exemplary punishment for `social justice'. ... 7. Let me now examine the Supreme Court decision.In State of Kerala v. Allassorry Mohd. ... Since the Public Analyst had no difficulty in analysing the sample of food stuff inspite o....
1982 0 Supreme(Raj) 29 • India - Rajasthan
G.M.LODHA
(b) The Prevention of Food Adulteration Act, 1955-S. 7/16 Sentence—Sample of chillies found adulterated—Offence is of serious nature ... (c) Evidence Act—S. 114—Presumption—Food Inspector taken sample of chillies which was found adulterated—In statement stated ^^fu; ... (a) The Prevention of Food Adulteration Rules, 1955—RR. 14 and 16(b) Samples of chillies in bottles and sealed—Food Inspector in ... It is desired that in appropriate cases, deterrent exemplary punishment should be given and that would be in consonance wi....
2016 0 Supreme(P&H) 1750 • India - Punjab and Haryana
FATEH DEEP SINGH
Final Decision: The petition was dismissed with exemplary costs imposed on the petitioners. ... The court found that the complaint was filed within the prescribed period of limitation and dismissed the petition, imposing exemplary ... revolved around the delay in filing the complaint, violations of mandatory provisions of the Act, and the right of reanalysis of the samples ... Thus, in the light of what has been detailed and discussed above, the present petition is only an attempt to further delay the proceedings before the Court below ....
1986 0 Supreme(Gau) 66 • India - Gauhati
K.LAHIRI
The Food Inspector took samples of the food and sent them for analysis. ... PREVENTION OF FOOD ADULTERATION ACT, 1954 - SECTIONS 7, 16, 13(5) - RULES 14, 15, 16, 17, 18 - ADULTERATED FOOD - PROCEDURE FOR TAKING SAMPLES ... and the inordinate delay in the disposal of the case, the Court sentenced him to pay a fine of Rs. 1000/- in default, to suffer simple ... These are offences against the public health and to preserve the health of the nation exemplary punishment should be given to the Food adulterators. These aspects s....
1997 0 Supreme(Raj) 387 • India - Rajasthan
B.J.SHETHNA
Under the circumstances, the respondent No. 1, Union of India is directed to pay exemplary cost of Rs. 10,000/- (Rs. ten thousand ... Their award – Petitioner being a poor servant and the Union of India being strong which did not have to spend from its pocket, exempalary ... Under the circumstances, the respondent No. 1, Union of India is directed to pay exemplary cost of Rs. 10,000/- (Rs. ten thousand) to the petitioner within one month from today. ... Nanda for the petitioner submitted that this is a fit case in which this court should ....
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