Court : Delhi
..... of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant varieties, 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 the other cases, fifteen years from the date of registration of the variety. 13. ..... section 2(j) of the act defines extant variety and reads as under: (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 (ii) farmers variety; or (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain; 23. ..... in the case of extant varieties the validity of the registration certificate can be extended upto 15 years from the notification of that variety under section 5 of the seeds act, 1966. ..... the expression harvested material has not been defined under the act, but the expression propagating material has been defined under section 2(r) of the act and reads as under: (r) propagating material means any plant or its component or part thereof including an intended seed or seed which is capable of, or suitable for, regeneration into a plant; 26 ..... the limited controversy that needs to be addressed is whether the parental lines would be eligible for being considered as novel under section 15(3)(a) of the act, if the hybrid seeds of such parental varieties have been disposed of for producing the hybrid variety.11. .....
Tag this Judgment!Court : Delhi
..... of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant varieties, 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 the other cases, fifteen years from the date of registration of the variety. 13. ..... section 2(j) of the act defines extant variety and reads as under: (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 (ii) farmers variety; or (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain; 23. ..... in the case of extant varieties the validity of the registration certificate can be extended upto 15 years from the notification of that variety under section 5 of the seeds act, 1966. ..... the expression harvested material has not been defined under the act, but the expression propagating material has been defined under section 2(r) of the act and reads as under: (r) propagating material means any plant or its component or part thereof including an intended seed or seed which is capable of, or suitable for, regeneration into a plant; 26 ..... the limited controversy that needs to be addressed is whether the parental lines would be eligible for being considered as novel under section 15(3)(a) of the act, if the hybrid seeds of such parental varieties have been disposed of for producing the hybrid variety.11. .....
Tag this Judgment!Court : Delhi
..... of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant varieties, 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 the other cases, fifteen years from the date of registration of the variety. 13. ..... section 2(j) of the act defines extant variety and reads as under: (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 (ii) farmers variety; or (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain; 23. ..... in the case of extant varieties the validity of the registration certificate can be extended upto 15 years from the notification of that variety under section 5 of the seeds act, 1966. ..... the expression harvested material has not been defined under the act, but the expression propagating material has been defined under section 2(r) of the act and reads as under: (r) propagating material means any plant or its component or part thereof including an intended seed or seed which is capable of, or suitable for, regeneration into a plant; 26 ..... the limited controversy that needs to be addressed is whether the parental lines would be eligible for being considered as novel under section 15(3)(a) of the act, if the hybrid seeds of such parental varieties have been disposed of for producing the hybrid variety.11. .....
Tag this Judgment!Court : Delhi
..... of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant varieties, 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 the other cases, fifteen years from the date of registration of the variety. 13. ..... section 2(j) of the act defines extant variety and reads as under: (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 (ii) farmers variety; or (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain; 23. ..... in the case of extant varieties the validity of the registration certificate can be extended upto 15 years from the notification of that variety under section 5 of the seeds act, 1966. ..... the expression harvested material has not been defined under the act, but the expression propagating material has been defined under section 2(r) of the act and reads as under: (r) propagating material means any plant or its component or part thereof including an intended seed or seed which is capable of, or suitable for, regeneration into a plant; 26 ..... the limited controversy that needs to be addressed is whether the parental lines would be eligible for being considered as novel under section 15(3)(a) of the act, if the hybrid seeds of such parental varieties have been disposed of for producing the hybrid variety.11. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 1231 of 2007 filed against the applicant by the state-respondent under rules 19 and 23 (g) of the seeds rules, 1968 for contravention of the provisions of section 6(a) and 7(b) of the seeds act, 1966.4. ..... in order to appreciate the issue involved in this case, it would be necessary to first consider to the nature of right conferred upon the applicants under section 16 of the seeds act, 1966. ..... it is clear from the above referred events that the prosecution has been instituted more than four months after the expiry of shelf life of the seeds and since the right conferred under section 16(2) of the seeds act can be exercised only after the institution of the prosecution, this right has been virtually denied to the applicants. ..... a conjoint reading of the sub-sections of section 16, in particular sub-sections (2) and (3), would make it clear that the right that law has conferred upon the vendor-accused to get sample tested from the central seed laboratory is exercisable not before but after the institution of prosecution against him under the seeds act and for asserting his right all that required is to make an application in that behalf to the prosecuting court. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of the judicial magistrate first class, jafrabad filed against them u/s 19 (a) (i) read with section 7 (b) of the seeds act, 1966 [hereinafter referred as the 'act' for the sake of brevity] and rule 2 (g), 7 and 10 of the seeds rules, 1968 [hereinafter referred as the 'rules' for the sake of brevity]. 3. ..... therefore, it would have been a futility on the part of the petitioners to exercise the right under sub section (2) of section 16 of the act, because no one could be sure that sample will not undergo the change after its shelf-life and the central seed laboratory would not have been in a position to express the opinion about the sample on the date of its seizure, since the report will be on the date ..... preceding paragraphs, clearly shows that the prosecution was instituted more than five months after the expiry of the shelf-life of the seed and since right under sub section (2) of section 16 of the act can be exercised only after the institution of the prosecution, the same is virtually denied to the petitioners. 18. ..... (2) after the institution of a prosecution under this act, the accused vendor or the complainant may, on payment of the prescribed fee, make an application to the court for sending any of the samples mentioned in clause (a) or clause (c) of sub-section (2) of section 15 to the central seed laboratory for its report and on receipt of the application, the court shall first ascertain that the mark and the seal or fastening as provided in clause (b) of sub-section (1) .....
Tag this Judgment!Court : Kerala
..... (37 of 1954) and the rules made thereunder shall apply:] [provided further that nothing in this clause shall apply in case of packages containing seeds which are labelled and certified under the provisions of the seeds act, 1966 (54 of 1966) and the rules made thereunder:] [provided also that a manufacturer may indicate the month and year using a rubber stamp without overwriting:] [provided also that for packages containing cosmetic products the provisions of ..... taken on file on the basis of a private complaint filed by the first respondent, inspector, legal metrology, nedumangad, against the petitioners alleging commission of offence under section 39 of standards of weights and measures act, 1976 and section 33 of standards of weights and measures (enforcement) act, 1985 read with rule 6 and 6(1) (1-a) of the standards of weights and measures (packaged commodities) rules, 1977 on the ground that it did not contain the necessary declaration to be made on the packet ..... explanation-in respect of packages containing food articles, the provisions of this clause shall not apply and instead the requirement of the prevention of food adulteration act, 1954 (37 of 1954) and the rules made thereunder shall apply;] (b) the common or generic names of the commodity contained in the package [and in case of packages with more than one product, the name and number or .....
Tag this Judgment!Court : Andhra Pradesh
..... hence, the complaint against the accused for the offences under sections 7 (b) read with section 19 of seed act, 1966( for short the act) and sub clause (c) of the clause 13 of seed ( control) order, 1983. 03. ..... in this regard, section 16 of the seeds act, 1966 reads thus: section 16. ..... but, in the meanwhile, the shelf life of the cotton seed, which was only 9 months from the date of testing, was only upto 02-03-2012 and therefore as on the date of receiving summons from the court, the petitioner/a2 has lost valuable right under section 16(2) of the act to request the court for sending the second sample for analysis and hence, the continuation of the proceedings will amount to abuse of process of law ..... 2) after the institution of a prosecution under this act, the accused vendor or the complainant may, on payment of the prescribed fee, make an application to the court for sending any of the samples mentioned in clause (1) or clause (c) of sub-section (2) of section 15 to the central seed laboratory for its report and on receipt of the application, the court shall firs.ascertain that the mark and the seal or fastening as provided in clause (b) of sub- section (1) of section 15 are intact ..... in the cited decision (1 supra).in similar circumstances while quashing the proceedings launched against the accused, the learned judge of this court observed thus: it is clear from section 16 of the act that the petitioners had the right to send the sample for analysis to the central seed laboratory. .....
Tag this Judgment!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!