Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the material available on record show that no effort was made by the seeds company to prove that seeds were in conformity with all standards by filing a certificate obtained from a competent authority before releasing the seeds to the market as per the seeds act. ..... if that were to be so, it could have filed test analysis reports taken under the provisions of seed act before releasing it to the market. ..... undoubtedly the appellant must have the samples of seeds analysed in a laboratory as ordained under rule 21 of the seeds act. ..... they approved the opinion of the agricultural officer by stating: in view of the letter written by the agricultural officer to the opposite parties to which they sent no reply it is clear that the same seeds that were purchased from the opposite parties were sown and they did not germinate. ..... it may be stated herein that the appellant did not file the packet containing the specifications or label as mandated under rule 14 of the seeds act. ..... the learned counsel for the appellants contends that the shell life of the seeds was expired and therefore they had lost the opportunity to send it to an expert. ..... while putting the complainant to proof that he purchased the sunflower seeds from r1 on assurance that the seeds would yield about 10 to 12 quintals per acre, however, it admitted that it had manufactured the sunbred-275 variety of sunflower seeds but did not supply either to r1 or the complainant. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3629; 2005CriLJ4365; JT2005(12)SC116; 2005(4)MPHT281; RLW2005(4)SC2858; (2005)8SCC13
g.p. mathur, j.1. leave granted.2. this appeal has been preferred by the state of m.p. against the judgment and order dated 13.8.2003 of justice n.s. azad of m.p. high court in crl. appeal nos. 979 of 2002.3. the trial court convicted the accused under section 376 i.p.c. and awarded him a sentence of 7 years r.i. and a fine of rs. 500/- and in default to undergo simple imprisonment for a further period of one month. the high court partly allowed the appeal and while upholding the conviction of the accused reduced the sentence to the period already undergone which is nearly 1 year and 2 months. 4. learned counsel for the appellant has submitted that the sentence imposed by the high court is wholly inadequate looking to the nature of the offence and is contrary to the minimum prescribed by law.5. sub-section (1) of section 376 i.p.c. provides that whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than 7 years but which may be for life or for a term which may extend to 10 years and shall also be liable to fine. in the category of cases covered under sub-section (2) of section 376, the sentence cannot be less than 10 years but which may be for life and shall also be liable to fine. the proviso appended to sub-section (1) lays down that the court may for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3667; 2005CriLJ4363; (2005)8SCC8
g.p. mathur, j.1. delay in filing the special leave petition is condoned.2. leave granted.3. this appeal has been preferred by the state of m.p. against the judgment and order dated 13.8.2003 of justice n.s. azad of m.p. high court in crl. appeal no. 1739 of 2002.4. the trial court convicted the accused under section 376(2)(g) i.p.c. they were awarded a sentence of 10 years r.i. and a fine of rs. 2000/- and in default to undergo r.i. for a further period of six months. the high court partly allowed the appeal and while upholding the conviction of the accused reduced the sentence to the period already undergone which is nearly 8 months.5. learned counsel for the appellant has submitted that the sentence imposed by the high court is wholly inadequate looking to the nature of the offence and is contrary to the minimum prescribed by law.6. sub-section (1) of section 376 i.p.c. provides that whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than 7 years but which may be for life or for a term which may extend to 10 years and shall also be liable to tine. in the category of cases covered under sub-section (2) of section 376, the sentence cannot be less than 10 years but which may be for life and shall also be liable to fine. the proviso appended to sub-section (1) lays down that the court may for adequate and special reasons to be mentioned in the judgment, impose a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2001)ACC326; 2001ACJ645; (2001)ILLJ181SC; (2002)9SCC450
..... : air1997sc3854 , this court after examining the entire scheme of the act held that payment of interest and penalty are two distinct liabilities arising under the act, while liability to pay interest is part and parcel of legal liability to pay compensation upon default of payment of that amount within one month. ..... a claim was made by the respondent before the commissioner under the workmen's compensation act. .....
Tag this Judgment!Court : Kerala
..... act and that the revision petitioner/accused failed to make the payment within 15 days of receipt of the statutory notice. ..... act. .....
Tag this Judgment!Court : Supreme Court of India
..... appellant had taken advantage of his position telling the said company's officials falsely that criminal cases have been launched in various courts in karnataka against various purchasers and distributors of seeds under the seeds act for the alleged producing and selling of the spurious/sub-standard seeds by the agriculturists. ..... supreme court rules, 1975, held that if any information was lodged even in the form of a petition inviting the court to take action under the act 1971 or the provisions of the constitution dealing with the contempt of court, where the informant is not one of the persons named in section 15 of the act 1971, it should not be styled as a petition and should not be placed for admission on the judicial side of the court. ..... 396, this court held that in absence of the consent of the advocate general in respect of a criminal contempt filed by a party under section 15 of the act 1971, taking suo motu action for contempt without a prayer, was not maintainable.14. ..... justice or such other judge as may be designated by him for the purpose, considers it expedient or proper to take action under the act, he shall direct that the said information be placed for preliminary hearing. ..... cognizance under the provisions of the contempt of court act, 1971 (hereinafter referred to as `act 1971') against the appellant. ..... to interference in the administration of justice, thus, the high court has rightly convicted the appellant and imposed the maximum sentence provided under the act 1971. .....
Tag this Judgment!Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
..... in the written version that hybrid paddy seed was duly tested and certified as per standard under the seeds certification act, 1966 by the andhra pradesh state seed certification agency and officers of that agency as well as national seeds corporation ltd. ..... commission considered the issue relating to non-compliance of section 13(1)(c) in the context of the complaints made by the farmers that their crops had failed due to supply of defective seeds and held that the district forum and state commission did not commit any error by entertaining the complaint of the farmers and awarding compensation to them. ..... in the operative part, the committee concluded :- "it may be concluded that variation in the condition of the crop may not be attributed to the quality of seed but it may be due to other factors including water quality used for irrigation, long dry spell, salt accumulation in surface layer, sowing methodology, moisture content at the sowing time and ..... 4 are reproduced below : "thus, it is clear that it is on the permit granted by the agricultural officer that the complainants purchased seeds from the opposite parties and that the same agricultural officer visited the land and found that there was no germination. ..... court did not decide the issue relating to the alleged non-compliance of section 13(1)(c) of the consumer act, but approved the reasoning of the state commission which found fault with the appellant for not taking steps to get the seeds tested in an appropriate laboratory. .....
Tag this Judgment!Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
..... in the written version that hybrid paddy seed was duly tested and certified as per standard under the seeds certification act, 1966 by the andhra pradesh state seed certification agency and officers of that agency as well as national seeds corporation ltd. ..... commission considered the issue relating to non-compliance of section 13(1)(c) in the context of the complaints made by the farmers that their crops had failed due to supply of defective seeds and held that the district forum and state commission did not commit any error by entertaining the complaint of the farmers and awarding compensation to them. ..... in the operative part, the committee concluded :- "it may be concluded that variation in the condition of the crop may not be attributed to the quality of seed but it may be due to other factors including water quality used for irrigation, long dry spell, salt accumulation in surface layer, sowing methodology, moisture content at the sowing time and ..... 4 are reproduced below : "thus, it is clear that it is on the permit granted by the agricultural officer that the complainants purchased seeds from the opposite parties and that the same agricultural officer visited the land and found that there was no germination. ..... court did not decide the issue relating to the alleged non-compliance of section 13(1)(c) of the consumer act, but approved the reasoning of the state commission which found fault with the appellant for not taking steps to get the seeds tested in an appropriate laboratory. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR28; 1999(4)BomCR45
..... the farmers for award of compensation and rejected all these complaints under the pretext that the report of the grievance committee, akola district which is in charge of supervision of seeds was not acceptable, that the seeds were not forwarded to the laboratory for test and that the entire procedure to project the loss of crop was legally infirm on account of non-observance of procedure required for ..... report of the agricultural development officer, zilla parishad, akola filed before the commission, wherein he has referred that the genetic purity of cotton seed ahh-468 was tested and that the seeds were sterile because presence of pollens in flowers were not recorded, because the sample was of variety ahh-468 in which male sterility was ..... not come across the notification about ahh-468 seed under section 5 of the seeds act and in that event the seed could not be marketed or sold at the ..... seeds act. ..... any non-compliance of provisions of section 13 of consumer protection act, when there is massive failure of crop, it pinpoints the defective seed and not improper cultivation. 8. ..... act, when the fact is within the special knowledge of the party, which in this case is the producer, that party itself should discharge the onus and that can be done only by opposite party sending the seeds for ..... act, it is open to the opposite parties also to request the district forum to send the seeds for analysis and ..... seeds and the distributors have taken shelter under section 13 of the consumer protection act .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ3806; ILR2002KAR3730; 2002(3)KarLJ597
..... 426, wherein this court after considering the requirement of section 15 has held thus:'under the provisions of section 15 of the seeds act when the seed inspector takes the samples for analysis, he has to give notice in writing to the person from whom he is taking sample and shall take three representative samples in the prescribed manner and deliver one ..... --'if any person--(a) contravenes any provision of this act or any rule made thereunder; or(b) prevent a seed inspector from taking sample under this act; or(c) prevents a seed inspector from exercising any other power conferred on him by or under this act, he shall, on conviction, be punishable--(i) for the first offence with fine which may extend to five hundred rupees, and(ii) in the event of such person having been previously convicted of an offence under ..... that even if this date is taken as the date on which it was manufactured, the life of the seed is only for 9 months and the seeds were collected or seized by the inspector only on 30-6-1995 and by that time, 9 months had already expired ..... under section 16 of the seeds act, after analysis the analyst has to submit a report and should also mark a copy of the report to the person from ..... file for the offence punishable under section 19-a of the seeds act (for short 'the act'). ..... and 16 are mandatory in character'.since the sample seeds are not given to the petitioner, he is not in a position to send the sample to the central seed laboratory as provided under section 16 of the act. .....
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