2014 (8) TMI 1058

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....hikar for the Petitioners. Mr. G.S. Hariharan with Mr. S.D. Bhosle i/b H.P. Chaturvedi for Respondent No.1. - Union of India. Mr. Ramesh Ramamurthy i/b Legal Axis for Respondent No.2 P.C.:- 1. By an order dated 28/01/2014, we had requested the Hon'ble Chief Justice to refer the points of reference which were framed by us either before the larger Bench or before the third Judge of t....

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....t these Advisories, particularly the Advisory dated 11/05/2013 pertaining to product approval does not have force of law. Similarly, so far as point of reference No. (2) above is concerned, it was held by one of us viz. V.M. Kanade, J. that Respondent No.2 - Food Authority did not have power and authority to issue these Advisories under sections 16(1) read with section 16(5) read with sections ....

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.... within the ambit and scope of the power conferred on respondent No.2 - Food Authority under the provisions of the FSS Act, the Rules and Regulations framed thereunder. Further it is held that respondent No.2 - Food Authority had no power and authority to issue the impugned advisory on Product Approval under Section 16(1), read with section 16(5), read with sections 18 and 22 of the FSS Act, wi....