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Start Free TrialCompanies Act, 1956 Section 409
Title: Power of Tribunal to Prevent Change in Board of Directors Likely to Affect Company Prejudically
State: Central
Year: 1956
..... (2) The1[Tribunal] shall have power when any such complaint is received by it, to make an interim order to the effect set out in sub-section (1), before making or completing the inquiry aforesaid. (3) Nothing contained in sub-sections (1) and (2) shall apply to a private company, unless it is a subsidiary of a public company. ________________________ 1.Substituted by Act 31 of 1988 , Section 67, for "Central Government" (w.e.f. 31-5-1991) and again Substituted by Act 11 of 2003, Section 44 for "Company Law Board". 2.Substituted by Act 65 of 1960, Section 156, for "or the secretaries and treasures". 3.The words "the managing agent, the secretaries and treasurers," omitted by Act 53 of 2000, Section 183 (w.e.f. 13-12-2000). 4.Substituted by Act 65 of 1960, Section 156, for "no resolution passed or action taken" (w.e.f. 28-12-1960).
View Complete Act List Judgments citing this sectionAgricultural Income-tax Act, 1957 Section 35
Title: Revision by Additional Commissioner of Orders Prejudical to Revenue
State: Karnataka
Year: 1957
.....expiry of four years from the date of order sought to be revised.] Explanation.- In computing the period of limitation for the purposes of sub-section (2), any period during which any procedding under this section is stayed by an order or injuction of any Court shall be excluded. (3) Any order passed by the2[x x x3[x x]4[Additional Commissioner]] under this section shall, subject to revision by the High Court under section 55, be final.] 6[Explanation.--For the removal of doubts, it is hereby declared that subject to the provisions of sub-section (2), the revisional power conferred on the2[Joint Commissioner] by sub-section (1) shall be exercisable in respect of an order passed under this Act by any authority subordinate to him before or after the conferment of revisional power on him.] ________________________ 1.Substituted by Act 29 of 1963 w.e.f. 1.1.1964. 2.Omitted by Act 5 of 2000 w.e.f. 1.4.2000. 3. Inserted by Act 14 of 1983 w.e.f. 1.12.1982. 4.Substituted by Act 5 of 1993 w.e.f. 9.11.1992. 5.Substituted by Act 23 of 1985 w.e.f. 1.4.1985. 6. Inserted by Act 23 of 1985 w.e.f. 1.1.1964.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....
List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 39
Title: Substitution of New Chapter for Chapter Xvi
State: Central
Year: 2002
.....Controller. 86. Power of Controller to adjourn applications for compulsory licences, etc., in certain cases.-- (1) Where an application under section 84 or section 85, as the case may be, is made on the grounds that the patented invention has not been worked in the territory of India or on the ground mentioned in clause (d) of sub-section (7) of section 84 and the Controller is satisfied that the time which has elapsed since the sealing of the patent has for any reason been insufficient to enable the invention to be worked on a commercial scale to an adequate extent or to enable the invention to be so worked to the fullest extent that is reasonably practicable, he may, by order, adjourn the further hearing of the application for such period not exceeding twelve months in the aggregate as appears to him to be sufficient for the invention to be so worked: Provided that in any case where the patentee establishes that the reason why a patented invention could not be worked as aforesaid before the date of the application was due to any State or Central Act or any rule or regulation made thereunder or any order of the Government imposed otherwise than by way of a condition for.....
View Complete Act List Judgments citing this sectionAir Force Act, 1950 Complete Act
State: Central
Year: 1950
.....or confinement of a person according to the usages of the service and includes military or naval custody: (vi) "air force law" means the law enacted by this Act and the rules made there under and includes the usages of the service; (vii) "air force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward; (viii) "airman" means any person subject to this Act other than an officer; (ix) "air officer" means any officer of the Air Force above the rank of group captain; (x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever: (xi) "Chief Legal Adviser" means a person appointed as such by5[the Chief of the Air Staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith; (xii) "civil offence" means an offence which is triable by a criminal court; (xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894-, or under any other law for the time.....
List Judgments citing this sectionNational Security Guard Act, 1986 Complete Act
State: Central
Year: 1986
.....the duties of his appointment, except with the previous permission in writing of the prescribed authority. SECTION 08: TENURE OF SERVICE UNDER THE ACT Every person subject to this Act shall hold office during the pleasure of the President. SECTION 09: TERMINATION OF SERVICE BY CENTRAL GOVERNMENT Subject to the provisions of this Act and the rules, the Central Government may dismiss or remove from service any person subject to this Act. SECTION 10: DISMISSAL, REMOVAL OR REDUCTION BY THE DIRECTOR-GENERAL AND BY OTHER OFFICERS (1) The Director-General, any Additional Director-General or any Inspector-General may dismiss or remove from service or reduce to a lower grade or rank or the ranks, any person subject to this Act other than an officer. (2) An officer not below the rank of a Deputy Inspector-General or any prescribed officer may dismiss or remove from the service any person under his command other than an officer or an Assistant Commander. (3) Any such officer as is mentioned in sub-section (2) may reduce to it lower grade or rank or the ranks any person under his command except an officer or an Assistant Commander. (4) The exercise of any power under this Section shall be.....
List Judgments citing this sectionPatents Act, 1970 Complete Act
State: Central
Year: 1970
PATENTS ACT, 1970 PATENTS ACT, 1970 39 OF 1970 An Act to amend and consolidate the law relating to patents. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Patents Act, 1970. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint : Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. SECTION 2 : Definitions and interpretation (1) In this Act, unless the context otherwise requires,- (a) "Appellate Board" means the Appellate Board referred to in Sec. 116; (ab) "assignee" includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person; (aba) "Budapest Treaty" mean the Budapest.....
List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XVI
Title: Working of Patents, Compulsory Licences and Revocation
State: Central
Year: 1970
.....to impose. (5) In the case of every patent in respect of an invention referred to in sub-clause (i), or sub-clause (ii), of clause (a) of sub-section (1) of section 87 and deemed to be endorsed with the words "Licences of right" under clause (a) or clause (b) of that subsection, ihe royalty and other remuneration reserved to the patentee under a licence granted to any person after such commencement shall in no case exceed four per cent of the next ex-factory sale price in bulk of the patented article (exclusive of taxes levied under any law for the time being in force and any commissions payable) determined in such manner as may be prescribed. (6) Save as otherwise provided in sub-section (5), the provisions of sub-sections (1), (2), (4) and (5) of section 93 (regarding the powers of the Controller) and of sections 94 and 95 shall apply to licences granted under this section as they apply to licences granted under section 84. 89. Revocation of patents by the Controller for non-working.- (1) Where, in respect of a patent, a compulsory licence has been granted or the endorsement "Licences of right" has been made or is deemed to have been made, the Central Government.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 84
Title: Compulsory Licences
State: Central
Year: 1970
.....(1) shall contain a statement setting out the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based. (4) The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not worked in the territory of India or that the patented invention is not available to the public at a reasonably affordable price, may grant a licence upon such terms as he may deem fit. (5) Where the Controller directs the patentee to grant a licence he may as incidental thereto exercise the powers set out in section 88. (6) In considering the application filed under this section, the Controller shall take into account,- (i) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention; (ii) the ability of the applicant to work the invention to the public advantage; (iii) the capacity of the applicant to undertake the risk in providing capital and working the invention, if the.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Amending Act I
Title: Amendment Act
State: Central
Year: 1970
PATENTS(AMENDMENT) ACT, 2002 [Act,No. 38 of 2002] [25thJune, 2002] PREAMBLE AnAct further to amend the Patents Act, 1970 BEit enacted by Parliament in the Fifty-third year of the Republic of India asfollows :- 1.Short title and commencement (1)This Act may be called the Patents (Amendment) Act, 2002. (2)It shall come into force on such 1 date as the Central Governmentmay, by notification in the Official Gazette, appoint; and different dates maybe appointed for different provisions of this Act and any reference in any suchprovision to the commencement of this Act shall be construed as a reference tothe coming into force of that provision. 2.Substitution of certain words for the words "High Court" and "Court" Inthe Patents Act, 1970 (39 of 1970) (hereinafter referred to as the principalAct), for the words "High Court" wherever they occur in sections 21, 43 and71 and the word "Court" occurring in sections 21 and 71, the words "AppellateBoard" and "Board" shall respectively be substituted. 3.Amendment of section 2.- Insection 2 of the principal Act, in sub-section (1),- (a)for clause (a), the following clauses shall be substituted, namely :- .....
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