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National Seed Association of India and Others Vs. the State of Maharas ...

Court : Mumbai Nagpur

Subject : MRTP

by any of the Central provisions. The submission that compensation is also covered by various Central Acts like Consumer Protection Act, 1986 and the Contract Act, in our view, is also unacceptable. The general provisions though available but … notified whereby 'cotton seed' was deleted from the Act, 1955. By the amendment, Section 2-A was introduced in the Essential Commodities Act whereby the Central … cotton seed at Rs.750/- per 450 gms packet.22.08.2008 :Respondent No.1 promulgated the Second Ordinance with identical provisions. The first Ordinance was withdrawn vide S. 24.09.05.2009 … BG-II cotton seeds are covered under such rules.April 2006 :A report (11th Report) was prepared by the … distribution of, and trade and commerce in certain commodities. The term “essential commodities” is described in the Schedule (Section 2A) which includes cotton seed. II. The Seeds Act, 1966, (for short “Seeds Act”), This Act provides for regulating … referred by the parties : Central Acts and Rules : I. The Essential Commodities Act, 1955, (for

Roche Products (India) Pvt Ltd. and Others Vs. Drugs Controller Genera ...

Court : Delhi

Subject : Education

to the restrictions envisaged under the Drugs Act as also the RTI Act, 2005 in addition to the protection available under common law for trade secrets. 127. The defendant No. 2 in the present case has not … subsequent events i.e. for discovery of documents, rejection of plaint, contempt petitions, amendment of plaint. The matter was heard from time to time wherein common … as basic Guidelines are already in place in 2006 which are being followed by the defendant No. … iv) I.A. No. 4677/2014 (under Order 39, Rule 2A CPC) The above mentioned application has been filed … vi) By referring to the defendants' drugs as a "Trastuzumab", defendants No. 2 to 4 have misled the consumers into believing that the active ingredient of the defendants' drugs is Trastuzumab itself. This is false to the … valid up to October 9, 2018. Plaintiff No. 3 was granted a secondary, formulation patent in relation to Trastuzumab from the Controller General of Patents, … 1940, as amended (the "Drugs Act") and the rules framed thereunder. (hereinafter referred to either defendant No. … filing two appeals under Order 43 read with Section 151 CPC and Section 10 of Delhi High

CTR Manufacturing Industries Limited Vs. SERGI Transformer Explosion P ...

Court : Mumbai

Subject : Land Acquisition

amendment on 31st January 2006. (Vol. G-1, pp. 227-245) There followed a Second Examination Report on 18th April 2006, (Thane Dist Ct RandP Vol. II … Sergiâ™s previous US patent.38 The ISA was of the view that Sergiâ™s patent, âfor a method of prevention, protection and detection against explosion and fireâ? in an oil-filled electrical transformer, detected breaks in electrical insulation using a … and electrical transformers are essential in the transmission, distribution and use of AC (alternating current) electrical energy to consumers. Transformer types vary depending on use, from the small ones used in domestic appliances and products, to the … C, Comp. 5, from pp. 167-221.)CTR made an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (âCPCâ?) for … (For convenience, the various sections in the official copy of this judgment begin

Genentech Inc and Others Vs. Drugs Controller General of India

Court : Delhi

Subject : Education

HER 2+ metastatic gastric cancer on August 7, 2006 and April 13, 2010 respectively based on the … of the signs, trade names, domain names, logos, shape of the products or any indication which allows the consumers to attach the product of the competitor with that of the rival trader in order to deceive them. … in relation to the drugs in case it impinges the civil rights of the plaintiff in order to protect the said civil rights or not? iii) What is the impact of the Guidelines on Similar Biologics framed … valid up to October 9, 2018. Plaintiff No. 1 was granted a secondary, formulation patent in relation to Trastuzumab from the Controller General of Patents, … of canal water for gardens and orchards and those instructions with suitable amendments made off and on, bold the field till today. Obviously, these instructions … amended (the "Drugs Act"), the Drugs and Cosmetics Rules, 1945, as amended (the "Drugs Rules"), the Guidelines … defendant No. 3 to the plaintiffs' application under Section 94 red with Order 39, Rule 1 and

The Indian Hotels Company Ltd. and anr. Vs. Jiva Institute of Vedic Sc ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Societies Registration Act, 1860; Trade Marks Act, 1999 - Sections 21, 27 and 39; Code of Civil Procedure (CPC) - Order 39, Rules 1, 2, 2A, 3A, 4, 10 and 13; Constitution of India - Article 227

Reported in : LC2008(3)82; 2008(37)PTC468(Del)

plaintiffs further allege that they were the prior users of the mark/name JIVA and were, thereforee, entitled to protection against its use by the defendant company. The adoption of the trade name JIVA by the defendant company … also its President. He also claims to be a shareholder in the Second plaintiff company. The plaintiffs claim to be engaged in diverse activities in … hotels within and outside the country, but was later on by an amendment allowed to be converted into a suit for infringement also.7. The suit … an appeal only against an order passed under Rules 1, 2, 2A, 4 or 10 of Order … ad interim order of injunction dated 17th October, 2006 passed by learned single Judge on the original … trademark 'JIVA' in relation to Ayurvedic therapies and other body treatments was bound to create confusion among the consumers of the trade and result in passing off the goods and services of the defendant No. 1, appellant … respect of which it has been registered. That section cannot be read as giving an exclusive right

Misrilall JaIn and Sons and ors. Vs. State of Jharkhand and ors. Overruled

Court : Jharkhand

Subject : Property

Acts : Mines and Minerals (Development and Regulation) Act, 1957 - Sections 5 to 12, 13, 13(2), 14, 15, 15(1), 15(2) and 28; Mineral Concession Rules, 1960 - Rules 27, 27(1) and 31; Coal Bearing Areas (Acquisition and Development) Act 1957 - Sections 3; Mines and Minerals (Regulation and Development) Amendment Act, 1972; Orissa Mining Area Development Fund Act, 1952; Madras General Sales Tax Act, 1939; Government of India Act, 1935; Bihar and Orissa Public Demand Recovery Act, 1914; Orissa Rural Infrastructure And Socio-Economic Development Act, 2004 - Sections 3; Madras Panchayats Act, 1958 - Sections 115(1); Bihar Minor Mineral Concession Rules; Jharkhand Minor Mineral Concession Rules 2004; Minor Mineral Concessions Rules - Rule 29; Mineral Concession Rules, 1949 - Rule 4; Constituti

Reported in : 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]

Government by reason of the incidence of levy being permissible to be passed on to the buyer or consumer, and thereby affecting the price of the commodity or goods. Entry 23 in List II speaks of regulation … after such commencement, at the rate for time being specified in the second schedule in respect of that mineral.(2) The holder of a mining lease … or after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972, shall not be liable to pay any royalty in respect … learned Counsel appearing in WPC No. 1217 of 2006, firstly submitted that under Item No. 23 of … working other minerals in the leased area or adjacent area;(h) the entering and working in a reserved or protected forest;(i) the securing of pits and shafts;(j) the reporting of accidents;(k) the indemnity to Government against claims of … Act, 1957 (in short MMDR Act), Mineral Concession Rules, 1960 (in short MC Rules) and Bihar Minor … interest. As a result of the declaration under Section 2 of the said Act, matters relating, inter

Reebok India Company Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Commercial

Acts : Standards of Weights and Measures Act, 1997 - Sections 1 1(3), 2, 2(1), 3, 3(1), 28, 29, 30, 37, 39, 48(2), 54, 63, 65, 67, 69, 70-74, 76, 77, 78 and 83; General Clauses Act, 1897 - Sections 13(2); Standards of Weights and Measures (Packaged Commodities) Rules, 1977 - Rules 2(l), 3, 6 and 6(1)

Reported in : 162(2009)DLT475; 2009(242)ELT207(Del)

or delivery and such undue proliferation impairs in the opinion of that Government, the reasonable ability of the consumer to make a comparative assessment of the prices after considering the net quantity or number of such commodity, … it is proved by such person that the package was so filled with a view to- (a) giving protection to the contents of such package, or (b) meeting the requirements of machines used for enclosing the contents … of the petitioner relying upon Section 1(3) of SWM Act. 8. The second contention raised by the petitioner is that the goods of the petitioner … the argument of the learned Counsel for the appellant that before its amendment on 8-8-1986, Sub-rule (2) as it then stood cast such an obligation … SWM Rules vide seizure memo dated 17th July, 2006. By the aforesaid seizure memo, the respondent No. … 'pre-packed' commodity. 15. In the light of Rule 2A making Chapter- II applicable to all pre-packed commodities … and Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter referred to as SWM Rules, for

Salitho Ores Pvt Ltd. and Others Vs. the CaptaIn of Ports CaptaIn of P ...

Court : Mumbai Goa

Subject : Land Acquisition

Central Government to frame Rules regarding regulation, conservation and systematic development of minerals in India and for the protection of environment. Accordingly, Central Government has framed the MCDR Rules. 11. The validity of provisions of section 9(3) … said mining lease is covered by provisions of section 9 read with Second Schedule to the MMDR Act The contention of the Petitioners in these … Petitions is that the said royalty which was payable prior to the amendment of Rule 64D was at a fixed rate. The grievance of the … he relied on the following authorities viz (I) 2006 (4) SCC 327, (ii) 2007 (2) SCC 365, … or in any law in force at such commencement, pay royalty in respect of any [mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee] from the leased area after such commencement,