Supreme Court: Subordinate Legislation Becomes Effective Only From Date Of Publication In Official Gazette

We accordingly hold that the Notification issued under

Section 3 of the Act acquires the force of law only upon its

publication in the Official Gazette. The expression ‘date of this

Notification’ must necessarily mean the date of such publication.(Para 3)

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2026

VIRAJ IMPEX PVT. LTD. Vs  UNION OF INDIA & ANR.

Author: ALOK ARADHE, J.

Citation: 2026 INSC 80

Print Page

Whether date of birth given in gazette notification will prevail over date given in birth certificate?

It has to be further stated that a declaration suo-moto made by a person as about his date of birth or change in the date of his birth and publication thereof in the government gazette cannot be held a better evidence than the birth certificate of a person and his school record. If the best evidence in the form of Gram Panchayat Birth Certificate or the School Leaving Certificate is available, the same shall prevail over the other evidence. Further, there is no material on record to show, as to on what basis the date of birth was got changed by Respondent No. 1 and published in the government gazette. It is further not disclosed by Respondent No. 1, as to which documents were submitted by him while getting his birth date changed and whether any adjudication had taken place before effecting the change in his date of birth as notified in the government gazette. In the instant matter, since Respondent No. 1 had relied upon the birth certificate produced on record and in order to prove the said certificate had examined a witness by name Shripad Pandit, it can be presumed that the same birth certificate must have been produced by Respondent No. 1, while getting his date of birth changed and getting it published in the government gazette. However, when it has unambiguously come on record through the evidence of witness Shripad Pandit examined by Respondent No. 1 himself that according to Gram Panchayat record the date of birth of is other than 31st October, 1943, the date of birth, mentioned as 31st October, 1943 in Government Gazette cannot be accepted to be the correct date of birth of Respondent No. 1.

IN THE HIGH COURT OF BOMBAY

Writ Petiton No. 721 of 2002

Decided On: 10.03.2017

Shri Chhatrapati Sahakari Sakhar Karkhana Limited

Vs.

 Janu Gajaba Zagade and Ors.

Hon'ble Judges/Coram:

P.R. Bora, J.

Citation: 2017(4) MHLJ 491

Print Page

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

Bench: S Radhakrishnan

Read full judgment here; click here

Print Page