right conferred on the
person from whom the sample is drawn to get the sample retested
from CIL was frustrated. The complaint is therefore liable ... sample was sent again depriving the
person from whom the sample is taken, of his valuable right to get the
sample retested.
26. In view
have approached the complainant
or the court in time for getting sample retested, particularly when
the petitioner was issued a show-cause notice dated 31st ... that the sample seed had expiry
period upto 15.11.2007 or that the petitioner accused had statutory
right to get the sample retested before the expiry
behalf of the Revenue that three is no provision which persist retesting of sample the Tribunal states that there is also no provision under ... samples, and accordingly holding that the denial of opportunity to retest the sample was violative of principles of natural justice. No specific provision has been
Inspector, Kumari Usha Kiran purchased a sample
of 'Dal Arhar' (a food article) for analysis. The sample purchased was
properly mixed with ... complaint, the Respondent exercised the right to
get the sample retested from Director, CFL, Pune who also found the
sample to be non-conforming
appointed an expert from IIT Chennai to again retest the sample
sleepers and give his report on the causes for the defects. In all these ... arbitration proceedings, the Tribunal, appointed an expert from IIT
Chennai to retest the sample sleepers and report on the causes for the defects. These tests
Court
vide order dated 21.08.2014. Having no option, DRI sent the samples for
retesting. However, the subsequent report dated 21.01.2015 (EX. PW19/8)
showed ... challenged by the appellant by filing an application
for retesting, which was allowed and fresh samples were drawn and sent for
retesting for determination
sent second sample, however vide report
dated 11.05.2011, the CFL reported that there is no substance in the sample,
thus, the second sample also failed ... Since the first three samples totally failed, therefore, there was no
occasion for sending the fourth sample for retesting.
It is not out of place
dated 19.07.2013. He, also submits that state has no
objection to samples being retested, however an immediate order is
required by this court as sample ... instant case, the petitioner expressed his intention of getting
the sample retested within the statutory period of 28 days. A valuable
right has been conferred
these three sample packets, one sample was
handed over to the petitioner, one sample was sent to Directorate of Plant
Crl. M.C. No.3087 ... petitioner on 15.05.2013 stating that the petitioner shall get the
samples retested through the Trial Court.
3. Respondent No.2 filed the complaint under Section
proprietor and drew the
samples. He gave one sample to the proprietor of the firm and
sent the second sample for testing. Since the quality ... Insecticide Inspector in
terms of Section 24(3) to have the sample retested at its own
Crl.M.C. No.4391/2006 Page
