Judgment Search Results Home > Cases Phrase: protection of plant varieties and farmers rights act 2001 section 6 officers and other employees of authority Court: supreme court of india Page 1 of about 32 results (0.171 seconds)

Gene Campaign . Vs. Union Of India

Court : Supreme Court of India

..... uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra ..... prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary ..... products may be formulated in the form of powders, granules, tablets, capsules, liquids, jelly and other dosage forms but not parenterals, and are meant for oral administration; (ii) such product does not include a drug as defined in clause (b) and ayurvedic, sidha and unani drugs as defined in clauses (a) and (h) of section 3 of the drugs and cosmetics act, 1940 (23 of 1940) and rules made thereunder; (iii) does not claim to cure or mitigate any specific disease, ..... geac is occupied by a person of the rank of additional secretary to the government of india and the vice chairman is the member of the department of biotechnology, however, other members such as in clause (iii) while being government employees, possibly are still members working in specialized departments whose knowledge and expertise would be relevant to the functioning 70 | w.p ..... 2001 .....

Ms. National Seeds Corpn. Ltd. Vs. M. Madhusudhan Reddy and anr.

Court : Supreme Court of India

..... they have no idea about the seeds act and the rules framed thereunder and other legislations, like, protection of plant varieties and farmers' rights act, 2011. ..... considered from this perspective, we hold that though the district forum, state commission and national commission are judicial authorities, for the purpose of section 34 of the arbitration act, in view of the object of the act and by operation of section 3 thereof, we are of the considered view that it would be appropriate that these forums created under the act are at liberty to proceed with the matters in accordance with the provisions of the act rather than relegating the parties to an arbitration proceedings pursuant to a contract entered ..... the appellant's plea that the district forum could not have awarded compensation to the respondents without complying with section 13(1)(c) of the consumer act was negatived by the national commission by observing that after having used all the seeds for sowing the respondent was not in a position to provide sample for testing and the report of the horticulture officer was sufficient for proving that the foundation seeds supplied by the appellant were defective. ..... this court referred to sections 74 and 75 of the employees state insurance act, 1948, the definition of the `consumer' contained in section 2(d) of the consumer act, referred to the judgments in spring meadows hospital v. .....

Monsanto Technology Llc Thru the Authorised Representative Ms. Natalia ...

Court : Supreme Court of India

..... the defendants in their written statement inter alia contended that their rights were protected under the protection of plant varieties and farmers rights act, 2001 (hereinafter referred to as the ppvfr act ). ..... section 39 relates to farmer s rights entitling him to save, use, sow and re sow his farmed produce including a registered variety protected under the act. ..... shri kapil sibbal contended that a chemical/gene/dna construct is not a plant variety, and is not eligible for protection under the ppvfr act. ..... the patent on a gene sequence in a test tube cannot negate/undo the important researchers and farmers rights under sections 30 and 39 of the ppvfr act. ..... a gene cannot be a plant variety and it would be denied such registration on account of lack of fulfillment of the conditions precedent in section 2(za) read with sections 14 and 15. ..... the protection under section 48 of the act is capable of being exercised against other biotechnology companies that seek to replicate the bt. ..... the biodiversity act which prohibits the 18 use of any biological resources occurring in india for commercial utilisation and which includes genes used for improving crops and livestock through genetic intervention necessitates prior permission from the national bio diversity authority which has not been taken by the plaintiffs. .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... paragraph24offences under the protection of plant varieties and farmers rights act, 2001 (53 of 2001) section description of offence 70 read with penalty for applying false denomination, etc. ..... period relating to the provisional attachment order, the director or any other officer not below the rank of deputy director immediately after attachment under sub- section (1) is obliged to forward a copy of the provisional attachment order to the three-member adjudicating authority (appointed under section 6(1) of the 2002 act, headed by, amongst other, person qualified for appointment as district judge), in a sealed envelope under section 5(2), which is required to be retained by the adjudicating authority for the period as prescribed under the rules framed in that ..... section 4(b)(v) of the right to information act, 2005112 is pressed into service to showcase that every public authority is obligated to publish within 120 days of enactment of the act - the rules, regulations, instructions, manuals and records held by it or its employees for discharge of its functions. ..... , 1991 supp (2) scc18 regional director, employees state insurance corporation vs. .....

Research Foundation for Science, Technology and Ecology and ors. Vs. M ...

Court : Supreme Court of India

Reported in : (1999)1SCC655

..... it is further stated that a bill titled plant varieties and farmers' right protection bill has already been finalised and is likely to be introduced in parliament during the winter session. ..... present case, this hon'ble court may be pleased to issue writ of mandamus or the directions of like nature to the respondents to:(i) take action to protect the biodiversity of our country in conformity with the convention on biological diversity (cbd) and such other conventions for protection of the biodiversity;(ii) challenge the patenting of basmati rice, if required, in the united states patent and trademark office (uspto) and/or before the dispute settlement body (dsb) created under the world trade organisation (wto).2. ..... through this writ petition, the petitioners have brought to the notice of this court certain facts and circumstances and pleaded the need to protect the biodiversity of the country and also sought a direction to the union of india to challenge the patenting of basmati rice in appropriate forums. ..... on the matter coming up before us today, learned attorney general submits that after taking all aspects into consideration and inviting suggestions, two legislations the biodiversity act and the geographical indicators act are in the process of finalisation for being introduced in parliament. ..... according to the learned attorney general, the various steps required for the amendment of the patents act are also under consideration of the government. .....

The State of Maharashtra Vs. Maharashtra Hybrid Seeds Co. Pvt. Ltd.

Court : Supreme Court of India

..... the learned senior counsel contended that the power of seizure and sealing of the godown was not available to the seed inspector under section 14 of the seeds act, 1966 as claimed by the appellant authorities and the high court rightly directed desealing of the godown attached to the processing unit at dhanora and the impugned order warrants no interference.8. ..... it is stated that the quantity and kinds of specific seed/variety could not be assessed and categorized easily to undertake the seed sampling for quality analysis and hence, the plant in-charge was immediately informed to furnish the information about crop wise, variety wise and lot wise stock details of the seeds along with the stock details in various godowns. ..... the licencee shall give every facility to the licensing authority or any other officer acting under his authority for the purpose of inspecting his stock in any shop, depot or godown or other place/places used by him for the purpose of storage, sale or export of seeds. ..... the government of india had brought out different legislations to protect the quality of seeds namely the seeds act, 1966, seeds rules, 1968, seed (control) order, 1983 and other policies. ..... seed is the basic input for the farmer for successful agricultural production. .....

The National Highways Authority Of India Vs. Pandarinathan Govindaraju ...

Court : Supreme Court of India

..... and clause (v) of sub- section (2) of section 3 of the environment (protection) act, 1986 read with clause (b) of sub rule (3) of rule 5 of the environment (protection) rules, 1986, the ministry of environment and forests, government of india issued a notification on 14.09.2006 directing construction of new projects or activities or the expansion or modernisation of existing projects or activities listed under the schedule to the notification shall be undertaken only 4 | pa ge after prior environmental clearance from the central government or the state level environment impact assessment authority ..... the appellant, it has been stated that the right of way not being greater than 40 meters on existing alignments and 60 meters on realignments or by passes, applies only to construction of road and is not applicable for other road amenities or facilities such as toll plazas. ..... project, its implementation resumes, the project proponent, and subject to the terms of the contract, the concessionaire, should first identify the places for planting the saplings of the same variety, preferably native-trees, for every tree felled, and it must be grown first. ..... in the high court of madras by certain aggrieved farmers and public interest litigants questioning the commencement of the project ..... officer (land acquisition), national highways no.45-a in march, 2018 and agreements were entered into between the appellant and ..... means to enwrap in anything, to enfold or 6 south central railway employees coop. ..... (2001 .....

Gobind Vs. State of Madhya Pradesh and anr.

Court : Supreme Court of India

Reported in : AIR1975SC1378; 1975CriLJ1111; (1975)2SCC148; [1975]3SCR946

..... of speech press includes not only the right to utter or to print but also the right to distribute, the right to receive, the right to read and that without those peripheral rights the specific right would be less secure and that likewise, the other specific guarantees in the bill of rights have penumbras, formed by emanations from those guarantees that help give them life and substance, that the various guarantees create zones of privacy, and that protection against all governmental invasion 'of the sanctity of a man ..... there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others.30. ..... the preamble to the act states:whereas it is expedient to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime.and, section 23 of the act (so far as it is material) reads :it shall be the duty of every police officer.. ..... (supra) the majority said that 'personal liberty' in article 21 is comprehensive to include all varieties of rights which go to make up the personal liberty of a man other than those dealt with in article 19(1)(d). .....

Steel Authority of India Ltd. and ors. Etc. Etc. Vs. National Union Wa ...

Court : Supreme Court of India

Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349

..... and the owner of the industry comes into existence and it would not make and difference whether that relationship was brought about by the act of the principal / master or by the act of his authorized agent; the very fact of being employed in connection with an industry, creates rights in favour of the person employed and against the owner of the industry by bringing into existence, in law a relationship of employer and the employee (master and ..... section 2 runs thus:(2)(1)(g)(i) in relation to any office or department of the government or a local authority, the head of that office or department or such other officer as the government or the local authority ..... and extended protection of articles 14 and 16 of the constitution to the employee taking the view that when the government if bound to observe the equality clause in the matter of employment the corporations set up and ..... 2001) 2 jt (sc) 376; the abolition notification is issued after consideration of all the facts and circumstances so the consequence can only be that the contractor is displaced and a direct relationship is established between the principal employer and the contract labour, in air india's case (supra), it was held that the consequence of the abolition of contract labour employer absorbing the contract labour; the linkage between the contractor and the employee would be snapped and ..... and its branch manager, are engaged in the manufacture and sale of various types of iron and steel materials in its plants ..... farmers and .....

N.D. Jayal and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2003(Suppl2)SC1; 2003(7)SCALE54; (2004)9SCC362

..... of the notification dated 27th january, 1994 issued in exercise of powers under sub-section (i) and clause v of sub-section (2) of section 3 of environment (protection) act 1986 read with clause (f) of sub-rule (3) of rule 5 of environment (protection) act 1986 shall constitute a committee of experts and representatives of ngos (if not already constituted) for the purpose of investigating, ascertaining and reporting whether the pari passu condition laid down in the environment clearance of ..... by this court alone and in appropriate cases suitable directions, including transfer of the matter, can be issued to high courts or other authorities (like, national human rights commission) to ..... the entire rehabilitation task to be handled directly by its officers under the overall supervision and control of the commissioner, garhwal division for which the ..... jalasay (supra) were based on the factual realities that for most marginal farmers and tribals monetary compensation for acquisition of land can never be sustainable source ..... since last survey): 121balance families of tehri dam for resettlement : 2543note : i) above details are based on survey conducted in the year 2001.ii) *3810 families are partially affected families, which are not to be shifted ..... by bsi and zsi were submitted to the move along with plans for protection/propagation of mahaseer fish recommended by the zsi and bsi had also recommended certain species to be planted which is ..... and social prospective, large dams raise ..... employees .....