Del. HC: Liquidated Damages Mentioned in Agreement Can’t be Awarded in Absence of Proof of Loss  ||  MP HC: S.375 Marital Sex Exemption Also Provides Exemption Under Section 377 of IPC  ||  SC: SARFAESI Doesn’t Give Any License to Bank Officers to Act Against the Scheme of Law  ||  All. HC: Court Can’t Mechanically Reject Application for Waiving Off Cooling Period u/s 13B of HMA  ||  Kar. HC: Acquittal Order Can’t be Put in Challenge by Stranger to the Case  ||  Kar. HC: Alternate Remedy Can’t be Used as China Wall Against Invocation of Writ Jurisdiction  ||  Bom. HC Upholds Constitutional Validity of Goa’s Green Cess Act  ||  Del. HC: Not Court’s Business to Demonstrate Morality of an Act unless it has Caused Harm  ||  Del. HC: Cost Accountants and Chartered Accountants Not Similarly Placed Under Law  ||  SC: No Party Ought to be Vexed Twice in a Litigation for One and the Same Cause    

The Association of the Traders and Ors. v. Union of India and Ors. - (16 Sep 2015)

Constitutionality of Food Safety and Standards Act, 2006 upheld


Food Adulteration

The Bombay High Court summarised its position on the constitutionality and vires of the Food Safety and Standards Act, 2006 as thus: “…if preventing fraud on the consumers and those who are guilty of endangering human life by indulging and dealing with the unsafe food are required to be dealt with iron hands…the provisions intend to curb such social evil…challenge as raised by the petitioners on every count ought to fail” Associations comprised of retailers, hotels and restaurants had alleged that the Act was vague and ambiguous in its terminology; it gave States little authority to fill in the ‘grey areas’; and powers of food safety inspectors and officials to take drastic action without giving due opportunity to be heard was against the principles of natural justice. The Court noted pervasive public health and interest behind the formulation and functioning of the Act. Officials empowered to take action were bound by procedures of show cause notice and anyone receiving the same had recourse to legal mechanisms.

Relevant : Section 16 Food Safety and Standards Act, 2006 Act Dhariwal Industries Ltd. and Anr. v. State of Maharashtra and Others MANU/MH/1519/2012 Sakhawant Ali v. State of OrissaMANU/SC/0093/1954


Share :        

Disclaimer | Copyright 2023 - All Rights Reserved