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Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

the impugned orders are perverse? Jurisdiction of CCI to entertain the complaints of Micromax and Intex under the Competition Act, 2002 84. The central challenge in these petitions is to the jurisdiction of the CCI to entertain complaints filed … the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter 'TRIPS'). 122. By virtue of the Patents (Amendment) Act 2002, Section 48 of the Act, which specifies the rights granted to a patentee, was substituted to read as under: … lack of understanding of the subject prior to directing investigation against Ericsson. 53. Ms. Singh also sought to dispute Mr. Kathpalia's interpretation of proviso of … it is only in cases where there is irreconcilable inconsistency that the question of which act or provision had an overriding effect would have to

Monsanto Technology Llc and Ors. Vs.nuziveedu Seeds Limited & Ors.

Court : Delhi

Subject : MRTP

without prejudice to termination notice. CS (Comm) 132/2016 Page 50 of 96 65. The Parliament had enacted the Competition Act, 2002, some of the provisions of which came into force on 31.3.2003, its objective being to provide, keeping in … encoding said δ-endotoxin protein.‖ seed or plant cells containing [Claim nos.9 and 53 being directed to a plant tissue and claim nos.48 to 52 and … injunction CS (Comm) 132/2016 Page 1 of 96 under Rules 1 and 2 of Order XXXIX read with Section 151 of the Code of Civil Procedure, 1908 (CPC) has been made, by application (IA24062016), resulting in some … prime application (under Order XXXIX Rules 1 and 2 CPC) essentially raising questions of law rather than questions of fact. In that view of the

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

Subject : Land Acquisition

of the has effect of monopoly situation, suo-motu reference to the Regulatory the authority has power to make Competition Commission of Authority suo-motu reference to the India. Competition Commission of India in certain cases. It may also … issued under which the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) were applied to certain non-banking financial institutions, including the respondent. The respondent issued a notice under … plans and the grant of occupation permission to occupy the constructed areas. 53 All the definitions which we have adverted to clearly postulate the existence … If any promoter contravenes the provisions of 59 - Punishment for non- section 3, he shall be liable to a penalty which may for non-registration … this Act, be bound by such directions on questions to Authority and Authority and of policy, as

Shree Yogkshem Foundation for Human Dignity Vs. State of Gujarat and O ...

Court : Gujarat

Subject : Education

in relation to service matters. The definition of 'service matters' found in Section 3 (q) shows that in relation to a person the expression means … statutory by providing, inter alia, that the candidates selected by direct selection or as a result of a competitive examination, shall be appointed on contractual basis and at the end of the contractual period, they should be … (Per: HONOURABLE THE ACTING CHIEF JUSTICE MR. BHASKAR BHATTACHARYA)1. By this Public Interest Litigation, the writ-petitioner has prayed for issue of appropriate … Pharmaceuticals Ltd., reported in [2007] 1 SCC 408 [relevant paras 38 to 53][c] S.C. Chandra and Others. v State of Jharkhand and Others, reported in

Shri D.D. Gandhi, Al Hadi Impex and Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Service Tax

Reported in : (2007)(120)ECC302

consequently entailing greater production and employment within the country. The scheme seeks to make the domestically produced goods competitive in the export market by allowing duty free import in a way to set off the duty on … Rs. 15 lakhs has been imposed upon the said appellant under provisions of Section 114 of the Customs Act, 1944. In addition he has ordered for denial of DEPB benefit against the said shipping bills. Personal penalty … filed 14 shipping bills dated 1.9.1999 for export of 134 cartons containing 53,60,000 ball pens declaring the total FOB value as Rs. 3.69 crores. The … were meant for Dubai. The export documents as also the container in question was examined and on everything found to have been declared correctly the

LeegIn Creative Leather Products, Inc. Vs. Psks, Inc.

Court : US Supreme Court

Subject : MRTP

Resort to per se rules is confined to restraints “that would always or almost always tend to restrict competition and decrease output.” Ibid. Thus, a per se rule is appropriate only after courts have had considerable experience … this status, Kay’s Kloset continued to increase its Brighton sales. In December 2002, Leegin discovered Kay’s Kloset had been marking down Brighton’s entire line by … Sons Co. , 220 U. S. 373 , makes it per se illegal under §1 of the Sherman Act for a manufacturer and its distributor to agree on the minimum price the distributor can charge for the … be treated as per se unlawful. 549 U. S. ___ (2006). II Section 1 of the Sherman Act prohibits “[e]very contract, combination in the form … their doctrinal underpinnings.” Dickerson v. United States , 530 U. S. 428 , 443. It is not … insufficient to overrule Dr. Miles would call into question cases such as Colgate and GTE Sylvania .

Turning Point & Anr. Vs.turning Point Institute Private Ltd

Court : Delhi

Subject : Education

think it would be fair to say that the law in this respect has been concerned with unfair competition between traders rather than with the deception of the public which may be caused by the defendant‘s conduct, … questioned, by the respondent, by pointing out that the appellant had, in 2002, registered a company with the name “Turning Point Education Testing Services Private … rent receipts, the learned Single Judge, in para 53 of the impugned judgement, has held that the … POINT INSTITUTE PRIVATE LTD Through : Mr. Ankit Kaushal and ..... Respondent Mr. Kunal Khanna, Advs. CORAM:-"HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR JUSTICE C. HARI SHANKAR % JUDGMENT C. HARI SHANKAR, J.1. This appeal, at the … its mark “Turning Point” becoming distinctive and well-known, within the meaning of Section 2(z)(g) of the Trade Marks Act, 1999 (hereinafter referred to as “the … prayer (b) cannot be maintained independently, without seeking quashing of the impugned judgment insofar as it dismisses

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

a collaboration with any other Indian or foreign partner. Consequently there is no question of there being any competition with the joint venture or any outsider becoming privy to the business secrets of the joint venture. On … regard, learned senior counsel placed reliance on the judgment dated 19th December, 2002 passed in CS (OS) No. 915/2002 The Chancellor, Masters and Scholars of … on account of sickness of its partner in a joint venture under the Sick Industrial Companies (Special Provisions) Act, the underlying shareholders agreement between the parties is rendered frustrated and incapable of implementation. Consequently, the petitioner cannot … by Guardian shows that it has been captioned as an application under Section 9 of the Arbitration and Conciliation Act, 1996. The arbitration clause which … Herrington v. British Railways Board (1972) 2 WLR 537 Lord Morris said:There is always peril in treating … Mittal, J.1. This petition raises two very interesting questions which are required to be answered. The first

Bilski Vs. Kappos

Court : US Supreme Court

Subject : Land Acquisition

5. It “reflects a balance between the need to encourage innovation and the avoidance of monopolies which stifle competition without any concomitant advance in the ‘Progress of Science and useful Arts.’ ” Bonito Boats, 489 U. S., … Posner, The Law and Economics of Intellectual Property, 131 Daedalus 5 (Spring 2002). Footnote 48 C. Coolidge, The Press Under a Free Government, in Foundations … banc court rejected its prior test for determining whether a claimed invention was a patentable “process” under Patent Act, 35 U. S. C. §101- i.e., whether the invention produced a “useful, concrete, and tangible result,” see, e.g., … petitioners’ claimed invention is not patent eligible. Pp. 4-8, 10-11, 12-16. (a) Section 101 specifies four independent categories of inventions or discoveries that are patent … Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc. , 534 U. S. 124 , 135 (2001). A categorical … a threshold test. Even if a claimed invention qualifies in one of the four categories, it must

Jak Communications Pvt. Ltd. Vs. Sun Distribution Services Pvt. Ltd.

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Subject : MRTP

object of the Interconnection Regulations is to eliminate monopoly. If Sea TV, Respondent 1 carries on business in competition with Moon Network Pvt. Ltd. and if it is to depend on the feed provided by its competitor … he had been associated with it on a part time basis since 2002. 37. It is not possible to accept the testimony of the said … of the subscription agreement i.e. for Kanchipuram town.” 53. An act of piracy on the part of … TRAI and in line to the provisions of Regulation of TRAI with regard to CAS areas. Your earlier action would be highly appreciated to roll out the digital head end.” 5. No response thereto having been received, … by the Madras High Court must be ignored. (c) In any event, Section 4A of the Cable Television Network (Regulation) Act, 1995 governs only the … made time to time. Beingan addressable system the question of subscriber base doesn’t arise, further the CAS