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april 1971

Supreme Court of India · 1971-04-23

DWARKA NATH & ANR. vs MUNICIPAL CORPORATION OF DELHI

Citation / case number
SC 1968/60413
Court
Supreme Court of India
Petitioner
DWARKA NATH & ANR.
Respondent
MUNICIPAL CORPORATION OF DELHI
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that sub-rules 32(b) and 32(e) of the Food Safety and Standards Act were not validly made under Section 23(1) clauses (c), (f), and (g). The court found that clause (c) requires a government notification for ghee, which was absent, and clause (f) does not apply as ghee is not injurious to health. The court ruled that rule 32(e) is beyond the rule-making power under Section 23(1)(d) as it does not prevent deception regarding the article's quality. However, rule 32(b) was deemed valid with a technical breach noted, leading to the acquittal of the appellants for its violation.

DWARKA NATH & ANR. vs MUNICIPAL CORPORATION OF DELHI · Niyam