written statement raised objection only
with regard to supply of defective goods and over pricing as such the
Court below ought to have placed onus ... complied with.
(m) If really the appellant has delivered defective materials and
goods in damaged packages, the 1st respondent must raise the issue
within
payment disputes could be raised after the
completion of the Defect Liability Period. The Defect
Liability Period was defined in Clause 11 of the special
Patna ... petitioner had initiated arbitration
proceedings for both package Nos. 43-45 and package
No. 46 under Clause 25 of the General Conditions of
Contract
sticker labels affixed on the
packages provided all the information would meet the object of the FSS
Packaging and Labelling Regulations 2011. It was accordingly ... defects in respect of the eight types of
chocolates by affixing non-detachable labels giving all particulars as are
necessary under the FSS Packaging
bags were due to non-compliance of the
prescribed packaging conditions and that the defective bags loaded
by the sender at the forwarding station
placed as also the outer
packaging. It is also pertinent to note that it was only the
outer packaging and not the plastic tray that ... that the
disputed consignments were defective and sub-standard
and that the Petitioner, by supplying defective and sub-
standard packaging material, had breached the contract
present appellant who is the manufacturer of the unit of
packaged drinking water and therefore the "Food Business Operator"
(FBO) under Section ... label
under regulation 2.2 of FSS (Packaging and labeling)
regulation has under stated defects.
Ingredient list contains "Salt of Sodium & Magnesium
numbers of people who
inhale it along with the air; defective or unhealthy
packaging may cause damage to all consumers of
goods and so also
shall supply to the manufacturer the
different varieties of tea and the packaging material, for
manufacture of the product/s. The manufacturer undertakes to
manufacture ... appellant reserves the
right to replace the defective material and/or packaging material
9
in the event it is satisfied that such defects have
numbers of people who inhale it along with the air; defective or unhealthy packaging may cause damage to all consumers of goods and so also
Bsc C&C Joint Venture, New Delhi vs Dcit, Circle-61(1), New Delhi
