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Judgment Search Results Home > Cases Phrase: protection of plant varieties and farmers rights act 2001 section 7 chairperson of be chief executive Court: supreme court of india Page 1 of about 10 results (0.194 seconds)

Jul 23 2024 (SC)

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 ..... it is imperative for states like india, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment.48.6 in this context, i would also like to refer to the relevant articles of the cartagena protocol on biosafety to the convention on biological diversity which specifically deals ..... 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, ..... of the principles of environmental rule of law, the bodies, authorities, regulators, and executive offices entrusted with environmental duties must function with the following institutional features: writ petition ..... collector chairman (ii) factory inspector member (iii) a representative of the pollution control board member (iv) chief medical officer (district health officer) member (convenor) writ petition (civil) no.115 of 2004 etc ..... chairperson ..... 2001 .....

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Jan 16 2012 (SC)

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. ..... section 6 empowers the central government to issue a notification, after consulting the committee constituted under section 3 and specify the minimum limit of germination and purity with respect to any seed of any notified kind or variety and the mark or label to indicate that such seed conforms to the minimum limit of germination and purity. ..... the salient features of the consumer protection bill were to promote and protect the rights of consumers such as: (a) the right to be protected against marketing of goods which are hazardous to life and property; (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; (c) the right to be assured, wherever possible, access to an authority of goods at competitive prices. ..... the national commission dealt with the appellant's plea that the district forum had not complied with section 13(1)(c) and that there was violation of the andhra pradesh seeds (control) order, 1983 and held: it is well settled by now that under section 13 of the consumer protection act, 1986 (hereinafter referred to as `the act' for short), the burden to prove the deficiency, if any, on the part of the respondent, is on the complainant. ..... deputed two executive officers to assist the advocate commissioner. .....

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Jan 08 2019 (SC)

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

Court : Supreme Court of India

..... 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 ..... 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. ..... 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. ..... claim was essentially of a breeder for developing a variety and therefore its donor seed containing the nas was registerable under the ppvfr act and they were entitled to benefit sharing under section 26 after such registration. ..... submitted that a conjoint reading of section 2(j) and section 3(c) of the act makes it clear that it excludes patentability both of transgenic plants (invented through recombinant gene technology in the laboratory) and those invented through conventional breeding techniques even where a new plant, variety or species is initially created through genetic manipulation, to the extent that the subsequent production or propagation of the plant, variety or species is done through an essentially biological process , the biological process would not be patentable under section 3(j) of the act. .....

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Jul 27 2022 (SC)

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 ..... retention) rules, 2005; g) the prevention of money-laundering (manner of receiving the records authenticated outside india) rules, 2005; h) the prevention of money-laundering (appeal) rules, 2005; i) the prevention of money-laundering (appointment and conditions of service of chairperson and members of adjudicating authorities) rules, 2007; j) the adjudicating authority (procedure) regulations, 2013; k) the prevention of money-laundering (issuance of provisional attachment order) rules, 2013; l) the prevention of money-laundering (taking possession of ..... to lay down the norms of conduct or rules which will govern the parties and the transactions and require the court to give effect to them; (2) the constitution delineated delicate balance in the exercise of the sovereign power by the legislature, executive and judiciary; (3) in a democracy governed by rule of law, the legislature exercises the power under articles 245 and 246 and other companion articles read with the entries in the respective lists in the seventh ..... (1) the central government, in consultation with the chief justice of the high court, shall, for trial of offence punishable under section 4, by notification, designate one or more courts of session as special court or special courts for such area or areas or for such case or class or group of cases as may be .....

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Nov 16 1998 (SC)

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. ..... , 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. .....

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Aug 22 2019 (SC)

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. ..... the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety other than cotton seeds is regulated by section 7 of the seeds act, 1966 and it is controlled by the seeds (control) order, 1983. ..... 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 appellants claim that respondent did not produce the documents and accordingly, the godown was sealed by executing a panchnama to prevent further violation of the provisions.5. ..... 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. .....

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Jan 19 2021 (SC)

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

Court : Supreme Court of India

..... in exercise of the power conferred on the central government by sub-clause (i) 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 | ..... the submissions made by the learned attorney general that the word involving is of significance because in the absence of the requirement of an additional right of way or land acquisition greater than 40 meters on existing alignments and 60 meters on realignments or by passes, the expansion of national highways which are greater than 100 km per se does not require prior environmental ..... of the 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. ..... filed in the high court of madras by certain aggrieved farmers and public interest litigants questioning the commencement of the project without ..... is of great importance to the movement of public goods and services for which reason, speedy execution was required. ..... , (2001) 8 .....

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Mar 18 1975 (SC)

Gobind Vs. State of Madhya Pradesh and anr.

Court : Supreme Court of India

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

..... the petitioner submitted that as the regulations in question here were also not framed under any provision of the police act, the provisions regarding domiciliary visits in regulations 855 and 856 must be declared bad and that even if the regulations were framed under section 46(2)(d) of the police act, they offended the fundamental right of the petitioner under article 19(1)(d) as well as under article 21 of the constitution.9. ..... 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 ..... (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). ..... the executive and medical directors of the planned parenthood league of connecticut were convicted in the circuit court on a charge of having violated the statute as accessories by giving information, instruction and advice to married persons as to the means of preventing conception. .....

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Nov 23 2017 (SC)

Nikesh Tarachand Shah Vs. Union of India

Court : Supreme Court of India

..... and arts treasures act 1972, securities and exchange board of india act 1992, customs act 1962, bonded labour system (abolition) act 1976, child labour (prohibition and regulation) act 1986, transplantation of human organs act 1994, juvenile justice (care and protection of children) act 2000, emigration act 1983, passports act 1967, foreigners act 1946, copyright act 1957, trademarks act 1999, information technology act 47 2000, biological diversity act 2002, protection of plant and farmers rights act 2001, environmental protection act 1986, water (prevention and control of pollution act) 1974, air (prevention and control of pollution act) 1981 and suppression of unlawful acts ..... shall act as the chairperson till the date on which a new chairperson appointed in accordance with the provisions of this act to fill the vacancy, enters upon his office; (i) the appellant before the appellate tribunal may be authorised to engage any authorised representative as defined under section 288 of the income-tax act, 1961, (j) the punishment for vexatious search and for false ..... bail or not depends for its answer upon a variety of circumstances, the cumulative effect of which must ..... , the power given to the executive body would import a duty on ..... (1) the central government, in consultation with the chief justice of the high court, shall, for trial of offence punishable under section 4, by notification, 9 designate one or more courts of session as special court or special courts or such area or areas .....

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Oct 18 2000 (SC)

Narmada Bachao Andolan Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94

..... the said notification dated 27th january 1994, inter alia, provides as follows:now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the environment (protection) act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the environment (protection) rules, 1986, the central government hereby directs that on and from the date of publication of this notification in the official gazette expansion or modernization of any activity (if pollution load is to exceed the existing one) or a new project ..... babbar, commissioner (rehabilitation) and chief executive officer, sardar sarovar punavasvat agency [sspa] has been filed, according to which at frl 138.68 m. ..... shanti bhushan, learned senior counsel for the petitioners was that the forcible displacement of tribals and other marginal farmers from their land and other sources of livelihood for a project which was not in the national or public interest was a violation of their fundamental rights under article 21 of the constitution of india read with ilo convention 107 to which india is a signatory. ..... moreover, with the construction of dam, water availability and soil moisture will increase and support varieties of plants and animals.113. ..... this sub-group is headed by the secretary, ministry of environment and forests, government of india, as its chairperson and various other independent experts in various fields relating to environment as its members.30. .....

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