Court : Karnataka
..... for packages containing food articles, the provisions of the [foods safety and standards act, 2006 (34 of 2006)] and the rules made there under shall apply: provided further that nothing in this sub-clause shall apply in case of packages containing seeds which are labeled and certified under the provisions of the seeds act, 1966 (54 of 1966) and the rules made there under: provided also that for packages containing cosmetics products ..... possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this act, shall be punished with fine which may extend to twenty five thousand rupees, for the second offence, with fine which may extent to fifty thousand rupees and for the subsequent offence, with fine ..... - in respect of packages containing food articles, the provisions of this sub-rule shall not apply, and instead, the requirement of the {foods safety and standards act, 2006 (34 of 2006)] and the rules made there under shall apply (b) the common or generic names of the commodity contained in the package and in case of packages with more than one ..... hence it is contended that the petitioner had conformed and complied with section 18 of the legal metrology act, 2009 (hereinafter referred to as the 'lm act', for brevity) read with rules 2(h) and 8 of the legal metrology (packaged commodities) rules, 2011 (hereinafter referred to as the " .....
Tag this Judgment!Court : Karnataka
..... the rules made there under shall apply: provided further that nothing in this sub-clause shall apply in case of packages containing seeds which are labeled and certified under the provisions of the seeds act, 1966 (54 of 1966) and the rules made there under: provided also for packages containing cosmetics products, the provisions of the drugs and cosmetics rules, ..... or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this act, shall be punished with fine which may extend to twenty five thousand rupees, for the second offence, with fine which may extent to fifty thousand rupees and for the subsequent offence, with fine ..... hence it is contended that the petitioner had conformed and complied with section 18 of the legal metrology act, 2009 (hereinafter referred to as the lm act , for brevity) read with rules 2(h) and 8 of the legal metrology (packaged commodities) rules, 2011 (hereinafter referred to as the lmpc ..... , legal metrology, respondent no.1 had, in exercise of powers under section 15(1)(b) of the lm act had passed an order dated 17.5.2012, to the effect that: a. ..... not in compliance with section 18 of the lm act and rules 4, 6(1)(e) & 6(3) of the lmpc rules ..... containing food articles, the provisions of this sub-rule shall not apply, and instead, the requirement of the {foods safety and standards act, 2006 (34 of 2006)]. .....
Tag this Judgment!Court : Delhi
..... two of its cotton hybrids varieties were notified by the central government under the seeds act, 1966.it is claimed that these two hybrids could corner an unprecedented one-third of market share and these non-bt hybrids were found to be even superior and better than the first three bt hybrids of maharashtra seeds (the third respondent) though both products were released and marketed around the same time. ..... (c) 250/2009 & 7102/2011 page 18 seeds act, 1966 or the farmers variety; variety about which there is common knowledge or any other variety that is in the public domain. ..... bunny (ncs145 & mallika (ncs2o7) by virtue of their notification under the seeds act, say the petitioners, fall under the extant category and are eligible for protection along with their parents under the provisions of act for which applications were filed separately for both the hybrids. ..... it submitted that maharashtra seeds could exercise sufficient rights under the act when nuziveedu seeds files an application for registration of its product or even file an infringement action when the said respondent's product is registered. w.p. ..... it is alleged that maharashtra seeds has also filed an application under section 24 of the act, with a view to pre- empt and preclude the petitioners' legitimate registration under the act when their application is accepted and advertised under section 21 of the act. .....
Tag this Judgment!Court : Delhi
..... (2012) 2 scc506 against the backdrop of dispute involving application of seeds act, 1966, the supreme court ruled thus:-" 66. ..... makes it clear its provisions are in addition to and not in derogation of any other law in force, the remedies provided by such consumer forum being in addition to the consentient arbitration which could be enforced under the arbitration act or the civil action in a suit under the provisions of the code of civil procedure consequently, there cannot be an automatic right of reference to arbitration by the ncdrc nor an automatic embargo created on exercise of its jurisdiction, it being a matter ..... therewith being served on 28.11.2014, in terms of the order dated 03.11.2014 of the joint registrar (judicial), the defendant, instead of filing written statement, moved the application (ia77092015) under section 8 of the arbitration and conciliation act, 1996, inter alia, stating that the two apartment buyers agreements on the basis of cs(os) 3281/2014 page 2 of 20 which the case had been brought contained arbitration clauses, in which view the suit deserved to be dismissed ..... is also submitted by the defendant that since it (the defendant) was entitled under the law and accordingly had been advised to come with the prayer under section 8 of the arbitration and conciliation act, 1996, it was not obliged to file a written statement and, therefore, the order closing the said right without adjudication on the prayer made in the said application is unjust and improper.8. .....
Tag this Judgment!Court : Delhi
..... by section 3 of essential commodities act, 1955, with the avowed object of providing for uniform regulation across india of the sale price of cotton seeds with the existing and future genetic modification (gm) technologies noting, inter alia, the earlier attempts by the state governments to regulates the bt cotton seed prices including trait value component in exercise of powers under the seeds act 1966 and the demands raised by the farmers ..... seed was defined by section 2(11) of the seeds act, 1966 to mean seeds used for sowing or planting inclusive of cotton seeds ..... the essential commodities act, 1955 and the seeds act, 1966. ..... those of maharashtra, gujarat and telagana, they being maharashra cotton seeds (regulation, supply, distribution, sale and fixation of sale price) ordinance, 2008, maharashra cotton seeds (regulation, supply, distribution, sale and fixation of sale price) act, 2009, gujarat cotton seeds (regulation, supply, distribution, sale and fixation of sale price), ordinance 2008 and gujarat cotton seeds act (regulation, supply, distribution, sale and fixation of sale price ..... the subject in exercise of powers conferred upon them by such law, cs (comm) 132/2016 page 89 of 96 as indeed the cotton seeds price (control) order, 2015 promulgated by the central government, again in exercise of its statutory powers conferred by essential commodities act, 1955 provide not only the "law" but also reflect the "public policy" of the state and, thus, the "consideration" of the .....
Tag this Judgment!Court : Delhi
..... it is also relevant to mention that now the seeds act, 1966, governs all approvals for new 3a trait signifies ..... . cotton seeds have been prescribed and regulated under the provisions of the seeds act, 1966 (sections ..... . in other words, the moment the dna containing the nucleotide sequence (subject patent) is hybridized to produce the transgenic seeds/plants; the seeds/plants fall within the purview of the pv act, and, above, the process of creation of such seeds/plants are also excluded from patentability as they squarely fall within the meaning of an essentially biological process that is exempted ..... . the state government legislations or notifications issued on the subject in exercise of powers conferred upon them by such law, as indeed the cotton seeds price (control) order, 2015 promulgated by the central government, again in exercise of its statutory powers conferred by essential commodities act, 1955 provide not only the "law" but also reflect the "public policy" of the state and, thus, the "consideration" of the agreement ..... . however, the insertion of section 3 (j) which excluded plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals and the simultaneous enactment of the pv act meant that facially, the parliament intended not to afford intellectual property protection in the form of patents, to processes and products that .....
Tag this Judgment!Court : Delhi
..... and vines, eighteen years from the date of registration of the variety; in the case of extant variety, fifteen years from the date of the notification of that variety by the central government under section 5 of the seeds act, 1966 (54 of 1966); and in other cases, registration of the variety. ..... (4) the authority shall within such intervals as it thinks appropriate publish a list of varieties registered as well as renewed under the act with the particulars of the period of registration, name and address of right holders periodically in its journal and in the official gazette ..... the registrar of the plant and varieties appointed under section 12(4) of the protection of plant varieties and farmers rights act, 2001 has passed an order dated 21.10.2016 (hereafter the impugned order ) to the aforesaid effect rejecting the petitioner ..... amount of fees payable in respect of the registration of plant varieties and grant of any right under the act or any application or notice of opposition or reply or counter reply required to be filed under the act and other matters shall be as per the rates specified in the second schedule. ..... 2017 page 3 of 12 claimed that it was not be liable to pay annual fee as required under section 35 of the act, on account of payment of the renewal fee under rule 39 of the said rules. ..... a plain reading of section 35(1) of the act indicates that in order to retain a registration under the act, it is necessary that an annual fee as fixed by the authority (respondent no.2) .....
Tag this Judgment!Court : Delhi
..... counter affidavit filed on behalf of respondent no.1, it was affirmed that om-i, om-ii and the impugned letter were passed in pursuance of and within the powers and competence of respondent no.1 under sections 3(5), 5 and 7(d) of the seeds act, 1966 declaring the features of basmati variety seed representing basmati and its trade to determine its quality, characteristics as basmati category and which geographical region of the country should it be restricted to . ..... it contended that it is outside the scope of the seeds act, 1966 (hereafter the seeds act ); second, that the oms encroach upon the power of the petitioner to pass laws in relation to agriculture, which is a state subject; and third, that itventures into the statutory field of the geographical indications of goods (registration and protection) act, 1999 (hereafter the gi act ).4. ..... it is apparent from the above that the scope and ambit of the seeds act is focused on regulation of sale of seeds of notified kind or varieties,and the object is to ensure that the notified seeds conform to the standards as specified under section 6 of the act, with regard to the minimum limits of germination and purity, as well as with regard to the mark and the labels ..... pointed out during the course of hearing that respondent no.1 had issued a notification dated 18.09.2017 under section 5 of the seeds act, restricting the seeds production of basmati varieties of rice to the rice growing areas of the states of punjab, haryana, himachal w.p. .....
Tag this Judgment!Court : Delhi
..... concededly, both the varieties (kmh-50 and 30v92) are extant varieties within the meaning of clause (j) of section 2 of the act which is set out below:-" (j) extant variety means a variety available in india which is (i) notified under section 5 of the seeds act, 1966 (54 of 1966); or farmers variety; or (ii) (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain; ..... trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the central government under section 5 of the seeds act, 1966 (54 of 1966); and (iii) in other cases, fifteen years from the date of registration of the variety. w.p. ..... the standards for evaluating seeds during tests under sub-section (1) of section 19 shall be such as notified under seeds act, 1966 or further amendments to that effect ..... of the above, the contention that the tests referred to under section 19(1) of the act only pertains to evaluating whether the seeds conformed to the standards as notified under the seeds act, 1966, is erroneous. ..... to regulation 11 of the protection of plant varieties and farmers rights regulations, 2006 (hereafter the 2006 regulations ) and submitted that the test referred to under section 19(1) of the act was only for the purpose to evaluate whether the seeds, submitted alongwith the application, conform to the standards as notified under the seeds act,1966. .....
Tag this Judgment!Court : Delhi
..... concededly, both the varieties (kmh-50 and 30v92) are extant varieties within the meaning of clause (j) of section 2 of the act which is set out below:-" (j) extant variety means a variety available in india which is (i) notified under section 5 of the seeds act, 1966 (54 of 1966); or farmers variety; or (ii) (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain; ..... trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the central government under section 5 of the seeds act, 1966 (54 of 1966); and (iii) in other cases, fifteen years from the date of registration of the variety. w.p. ..... the standards for evaluating seeds during tests under sub-section (1) of section 19 shall be such as notified under seeds act, 1966 or further amendments to that effect ..... of the above, the contention that the tests referred to under section 19(1) of the act only pertains to evaluating whether the seeds conformed to the standards as notified under the seeds act, 1966, is erroneous. ..... to regulation 11 of the protection of plant varieties and farmers rights regulations, 2006 (hereafter the 2006 regulations ) and submitted that the test referred to under section 19(1) of the act was only for the purpose to evaluate whether the seeds, submitted alongwith the application, conform to the standards as notified under the seeds act,1966. .....
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