Search Results for "FSS Act, 2006"

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Bombay High Court Holds Appeal from Order Maintainable Against Food Safety Appellate Tribunal Decisions Under Section 71(6) of FSS Act, 2006. The Court ruled that appeals lie to the civil side of the High Court and can be filed as an Appeal from Order under Section 104 CPC read with Order 43 Rule 1.

The State of Maharashtra, through its Food Safety Officer, filed an Appeal from Order before the Bombay High Court challenging a judgment and order da...

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High Court of Karnataka Quashes Criminal Proceedings in Food Safety Case Due to Inconclusive MSG Test. Misbranding Allegation under FSS Act Fails as Laboratory Lacked Facility to Test for Mono Sodium Glutamate, Making Prosecution Unsustainable.

The petitioner, a proprietor of a wholesale distributing agency in APMC Yard, Vijayapura, distributed various products including Sunfeast Yippee! Nood...

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Bombay High Court Quashes Second Prosecution in Gutkha Case on Principle of Autrefois Acquit — Section 300 CrPC Bars Retrial for Same Incident. Acquittal in First Trial for IPC and FSS Act Offences Arising from Same Transaction Precludes Second Trial.

The petitioner, Sachin Shantilal Bhansali, ran a Pan Center in Malkapur, Buldhana. On 27/01/2014, a Food Safety Officer lodged a complaint alleging th...

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Bombay High Court Quashes FIR Against Petitioners in Food Adulteration Case — No Offence Made Out Under Food Safety and Standards Act, 2006. Sale of 'Mint' and 'Saunf' Products Not Prohibited Under Section 26(2)(i) of FSS Act, 2006 as They Are Not 'Food' as Defined.

The petitioners, Anand Ramdhani Chaurasia and Vijay Banarasi Chaurasia, were engaged in the business of selling 'Mint' and 'Saunf' products. On 12th J...

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Bombay High Court Dismisses Petition Challenging Municipal Licensing Requirement for Food Business — Holds That MMC Act and FSS Act Can Coexist Without Repugnancy. Section 394(1)(e) of MMC Act, 1888 is Not Void Under Article 254 as It Operates in a Different Field of Municipal Regulation.

The petitioner, Sanjeev Rajaram Chimbulkar, a food business operator, filed a writ petition under Article 226 of the Constitution before the Bombay Hi...

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Bombay High Court Quashes Criminal Proceedings in Food Adulteration Cases Due to Non-Compliance with Mandatory Sampling Procedures Under Food Safety and Standards Act, 2006. Failure to Follow Section 47 and Rule 2.4.2 of the Manual of Procedures Renders Prosecution Invalid.

The Bombay High Court at Aurangabad, through a common judgment, allowed three criminal writ petitions challenging the validity of criminal proceedings...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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Bombay High Court Hears Challenge to Food Safety Authority’s Advisories Allegedly Amending Regulations Without Statutory Power. Validity of Advisory Issued Under Food Safety and Standards Act, 2006, Questioned as Ultra Vires Section 92 of the Act.

A writ petition under Article 226 of the Constitution of India was filed by Vital Nutraceuticals Private Limited and the Indian Drug Manufacturers’ ...