The statement means that a notification issued by the government cannot create a new legal power unless the Act itself has already granted that power in clear terms. In other words, if the parent statute does not authorize direct cognizance, an executive notification cannot manufacture that authority by itself because delegated legislation must remain within the limits of the statute from which it derives force.
Showing posts with label notification. Show all posts
Showing posts with label notification. Show all posts
Sunday, 29 March 2026
Wednesday, 17 July 2024
Monday, 6 July 2020
Tuesday, 28 August 2018
Thursday, 28 July 2016
When post notification sale deed can be taken in to consideration for determining market value of acquired under land acquisition?
sale deed dated 25.07.2007 was post notification. But the gap
was very small being about 5 months, since the date of last
publication of notification under Section 4 (1) of the L. A., Act
was 11.12.2006. In the case of “Balchandra Anant Wagle and
others” (supra), this Court relied upon the judgment of the
Hon'ble Supreme Court in the case of “Chimanlal
Hargovinddas v/s. Special Land Acquisition Officer, Poona”
reported in [A.I.R. 1988 SC 1652] wherein it has been held
that even post notification instances can be taken into13
account: (1) if they are very proximate, (2) genuine, and (3)
the acquisition itself had not motivated the purchaser to pay
a higher price on account of resultant improvement in the
development prospects. In the present case, there was
nothing on record to suggest that the purchaser of the sale
deed dated 25.07.2007 was motivated in the manner as
above. Therefore, said sale deed dated 25.07.2007 was rightly
considered by the learned Reference Court. The said sale
deed plot was in very close proximity with the acquired land
distance wise as well as nature wise and was also very close
to the date of notification.
IN THE HIGH COURT OF BOMBAY AT GOA.
FIRST APPEALS NO. 223 OF 2009, 229 OF 2009 AND 232 OF
2009.
FIRST APPEAL NO. 223 OF 2009.
Goa Industrial Development
Corporation
Versus
Maria Tereza N. Quadros
CORAM :- U. V. BAKRE, J.
DATE : 2nd December, 2014.
Citation:2016 (3) ALLMR810
Wednesday, 30 December 2015
Saturday, 10 October 2015
Whether it is necessary notify appointment of drug inspector in official gazette?
It is to be noted here that the provision of section 21 of the Drugs and Cosmetics Act, 1940, makes it abundantly clear that the post of Drug Inspector is a very vital public post with wide range of powers to take samples and seize the samples and prosecute the persons for selling the adulterours, suprious and sub-standard quality drugs. In view of such vital powers conferred bysection 21 of the Drugs and Cosmetics Act, 1940 on such Drug Inspectors, the said section clearly, mandates that the Central Government or the State Government, may issue notification in Official Gazatte so as to appoint such Drug Inspectors for such areas as assigned to them. The intention of the legislature is very clear from the said section 21 of the Drugs and Cosmetics Act, 1940 that the appointment of such a person holding such an important post as a Drug Inspector, especially in the interest of public heath, obviously will have to be notified in the Official Gazette and that the said notification should indicate the area in which the said Drug Inspector can exercise his powers. In fact, section 21 does not say that the publication of notification in Official Gazette is discretionary. If one were to look at the wording of the said section carefully, the Central Government or the State Government may appoint such qualified persons as the Drug Inspectors as it thinks fit. In fact, the wording of the said section 21 shows that there is coma after the word may and not before the said word so as to construe that the issuance of the notification in the Official Gazette is discretionary.
41. Taking into account all the purposes and objects of the Act and the powers conferred on the Drug Inspector who is the vital authority to initiate the prosecution, I hold that the appointment of Drug Inspector can only be through an Official Gazette Notification and not otherwise. I am also of the opinion that such a notification should also indicate the area in which such a Drug Inspector can operate and exercise his powers, and the same should not be left to conjectures and surmises of the public.
Bombay High Court
The State Of Maharashtra vs Shri R.A. Chandawarkar & Other on 18 February, 1998
Equivalent citations: 1999 (5) BomCR 519, 1999 BomCR Cri, (1999) 3 BOMLR 394, 1999 CriLJ 4449, 1999 (2) MhLj 650
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