ne can Complain that the label did not contain “best before date” and hence the food item was misbranded, as it contravened R.32(i) of the Prevention of Food Adulteration Rules. Since the item involved in this case was having a short shelf life of less than three months, it was necessary to mention only the date of manufacture on the label. Therefore, the only violation alleged by the Public Analyst was that instead of showing “best before date” on the label, the food item in this case had the label “assurance 30 days”.

 I may now consider as to whether by writing the words ‘assurance 30 days’ instead of ‘best before date’, it would contravene R.32(i) of the Prevention of Food Adulteration Rules, 1955. By using the words “best before date”, the meaning intended to be conveyed is that the consumer must use it before that date. I may now examine whether the public would be misguided by writing the words “assurance 30 days” instead of writing ‘best before date’ on the label. For that purpose, it is necessary to understand the meaning of the word “assurance”. In P. Ramanatha Aiyar’s Advanced Law Lexicon, fourth edition, the word ‘assurance’ in contract means “making secure” or “insure”. In Oxford Advanced Learner’s Dictionary of Current English, Ninth Edition, the synonym of the word ‘assurance’ is ‘guarantee’. Therefore, even though the terminology found in ‘assurance 30 days’ and ‘best before date’, differs in appearance, actually, no consumer would definitely be misguided, if he happens to see the words ‘assurance 30 days’. In the said circumstances, even if the words ‘best before date’ are not there and instead, the words assurance 30 days’ are there, it will not, in any way mislead the consumer, and hence by no stretch of imagination, it can be said that the product had been misbranded, particularly when the product was not adulterated.

Rajasthan Minor Mineral Concession Rules, 1986 -Rule 3(xiii-a) defines ‘Excess Royalty Collection Contract’ thus:

Excess Royalty Collection Contract” means a contract for specified mineral(s) and area given to collect royalty in excess of annual dead rent, on behalf of the Government from the holder of mining lease (s) under the contract whereunder the contractor shall pay a fixed amount annually to the Government as per terms of the contract.

‘Royalty Collection Contract’ is defined in Clause (xxi) of Rule 3 as follows:

Royalty Collection Contract” means a contract for the specific mineral or minerals given to collect royalty [with or without permit fee as the case may be] on behalf of the Government from the quarry licensees and short term permit holders who excavate minor minerals from the lands specified under the contract whereunder the contractor undertakes to pay fixed amount annually to the Government save as exempted under Rule 58;

Bombay Securities Contracts Control Act, 1925. The words ‘ready delivery contract’ has been defined in Sub-section (4) of Section 3 of the said Act which reads as under: (4) ‘ready delivery contract’ means a contract for the purchase or sale of securities for performance of which no time is specified and which is to be performed immediately or within reasonable […]

The observation of Lord Wright (on this subject) while delivering the judgment of the Privy Council in Mount Albert Borough Council v. Aus. T. and G Mutual Life Assurance Society Ltd. (1937) 4 All ER 206 at p. 214 (C). “The proper law of the contract means that law which the English or other court is to apply in determining […]

Forward Contracts (Regulation) Act, LXXIV of 1952, a ‘Forward Contract’ means a contract for the delivery of goods at a future date and which is not a ready delivery contract. A ‘Ready Delivery Contract’ for the purpose of the Act means a contract which provides for the delivery of goods and the payment of a price therefore, either immediately or […]

Here we collected all the unique English words used by the legislature for constituting and drafting The Indian Contract Act. We shall gradually explain the use and inherent meaning attached to each word. Abide Able About Absence Absents Absolute Absolutely Abstain Abstained Abstains Abstinence Accept Acceptance Accepted Accepting Acceptor Accepts According Accordingly Account Accounts Acquiescence Acquired Act Active Acts Actual […]

Capacity to contract means power to bind oneself by the contract and authority to contract means the authority to bind another by the contract. Capacity is part of law of status, while the authority is part of law of principal and agent. Contracts made by agents and representatives, who have no authority from their principal to make them are not void, but merely voidable and may be ratified. They bind the agents and representatives in any case, if not adopted or ratified by their principal. Thus, if guardians on behalf of minors entered into contracts for their minor wards, such contracts would not bind the minors unless and until they adopted or ratified the same on becoming majors. However, such contracts are always binding on the guardians who made those contracts on behalf of their minor wards.

The position has also been made clear by the latest Supreme Court decision on this point in the case of the The Commissioner of Sales Tax, U.P. Vs. Madan Lal Das and Sons, Bareilly, . This decision interpreted Section 12(2) of the Limitation Act 1963 and following its earlier decision in the case of State of Uttar Pradesh Vs. Maharaj Narain and Others, the Supreme Court observed that the expression “time requisite” in Section 12(2) of the Limitation Act cannot be understood as the time absolutely necessary for obtaining the copy of the order.

In our opinion, making ‘an appeal’ the equivalent of the memorandum of appeal is not sound. Even under O. 41 of the Code of Civil Procedure, the expression “appeal” and “memorandum of appeal” are used to distinct two distinct things. In Wharton’s Law Lexicon, the word “appeal” is defined as the judicial examination of the decision by a higher Court of the decision of an inferior court. The appeal is the judicial examination; the memorandum of appeal contains the grounds on which the judicial examination is invited

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