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

Court : Delhi

Subject : MRTP

Central Government promulgated the Seeds (Control) Order 1983, published in the Gazette of India on 30.12.1983.47. By the Essential Commodities (Amendment) Act, 2006, Section 2A was inserted in the Essential Commodities Act, 1955 to expressly provide as to what … fixation of sale price) Ordinance, 2008, Maharashra Cotton Seeds (Regulation, supply, distribution, sale and fixation of sale price) Act, 2009, Gujarat Cotton Seeds (Regulation, supply, distribution, sale and fixation of sale price), Ordinance 2008 and Gujarat Cotton Seeds … + Reserved on:15. th February, 2017 Pronounced on:28th March, 2017 CS (COMM) 132/2016 - IA No.2406/2016 (O.39 R. 1 & 2 CPC), IA No.9070/2016 (O.39 … agrees that it will in no way dispute, impugn or attack the validity of said BOLLGARD ll® Trademark or MONSANTO‘S rights thereto.‖ It may be

Niphad Sahakari Sakhar Karkhana Ltd. and Others Vs. State of Maharasht ...

Court : Mumbai

Subject : Land Acquisition

the seller. 9. The Petitioner then refers to several other Acts enacted by the Parliament and particularly the Essential Commodities Act, 1955, the control orders pertaining to sugarcane there-under. They also refer to the provisions of Sale of … ultra vires and beyond the competence of the State Legislature. Parliament thereupon enacted the U. P. Sugarcane Cess (Validation) Act, 1961 (4 of 1961) to protect the taxes collected under the U. P. Act. Later, Parliament enacted the … the commissioner of Sales Tax dated 23rd November, 2009 being Trade Circular No. 31T of 2009 on … including Khandsari Sugarâ? were substituted for the words âthe manufacture of sugarâ? by Maharashtra Act 60 of 1974. Section 1 provides that this Act will extend to the whole Maharashtra. Section 2 contains definitions and we are concerned … the provisions of the Act, but the individual section, the changes and amendments thereto and the impact of the same would be considered while dealing

Balaram Rout. Vs. State of Orissa Rep.Principal and ors.

Court : Orissa

Subject : Criminal

Acts : Prevention of Corruption Act - Sections 13(2), 8(1), 5(3), Read With Sections 13 (1)(e), 27; Orissa Special Courts Act - 24,5, 2(a), 2(e), 4, 9, 6(2), 10, 4, Chapter 3, 22 ; Constituiton of India - Articles 235, 21, 14, 21(2)(3), 13, 19, 19(1)(e), 300A, 254(2), 254(1), 246, 123 Read With Article 21; Code of Criminal Procedure (CrPC) - Sections - 397, 452, 407 Read With Section 401, 378 (1)(b); Central Act - 13(1)(e), 5, 3(1), 3(2), State Act - 5; Preamble Portion Of Act - 18(1), 18(2); Prevention of Money Laundering Act - Section 2y; Code of Civil Procedure (CPC) - 15(6), 17(1), 9.

and the same is liable to be struck down. Confiscation provisions are provided under the various statutes, namely, Essential Commodities Act, 1955, Customs Act, 1962, Orissa Forest Act, 1972, Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, … the provisions of Prevention of Money Laundering Act, 2002 as amended by the Prevention of Money Laundering (Amendment) Act, 2009 (Act 21 of 2009) and hence violative of the provisions of Article 254(1) of the Constitution of India.16. … 1. In these writ petitions, the petitioners have challenged the constitutional validity of the Orissa Special Courts Act, 2006 and the Rules framed thereunder … in each of the writ petitions is accused of offence punishable under section 13(2) read with Section 13 (1)(e) of the Prevention of Corruption Act,

Glaxo Smithkline Pharmaceuticals Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : MRTP

rejected by the Inspector of Drugs and he proposed to initiate the prosecution against the appellant-Company under the Essential Commodities Act,1955 (‘EC Act’). This was reiterated by the Inspector of Drugs in his further communication dated 16.11.1998.10. The … was governed by the Standards of Weights and Measures Act, 1976. Now it is governed by Legal Metrology Act, 2009. Legal Metrology (Packaged Commodities) Rules, 2011 (for short, ‘2011 Rules’) contains an exemption for pharmaceuticals being cognizant of … bound by it and cannot be allowed to plead that is not valid nor that it is contrary to the terms of the statute.2. Despite … with the new price. The printing of the price is covered by Section 3(f) of the Drugs and Cosmetics Act, 1940 and, therefore, the reprinting … operative in respect of all sales subsequent to 15 days from the date of the notification by

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

Court : Mumbai Nagpur

Subject : MRTP

Report) was prepared by the Standing Committee on Food, Consumer Affairs and Public Distribution for examination of the Essential Commodities (Amendment) Bill, 2005.The said committee came to a conclusion that all unnecessary and redundant restrictions which distort and impede … by an Act, namely the Maharashtra Cotton Seed (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2009 (published in the official Gazette on 03.07.2009 (“the Mah. Cotton Seed Act”). 4] In W.P. 2493 of 2010 … Oral Judgment: (AnoopV. Mohta, J.). 1] The petitioners “the producers of the cotton seed” … 2008 (AICBA v. State of Maharashtra and Ors.), the petitioners challenged the validity of the Maharashtra Cotton Seed (Regulation of Supply, Distribution, Sale and Fixation … challenged the validity of Notification dated 14.05.2010 issued by the State under Section 10 of the Mah. Cotton Seed Act. By the Notification the maximum

Agri Trade India Services Pvt. Ltd. and anr. Vs. Union of India (Uoi) ...

Court : Delhi

Subject : FERA

Acts : Foreign Trade (Development and Regulation) Act, 1992 - Sections 3, 3(2), 5, 8, 8(1) and 23(1A); Custom Act, 1962 - Sections 11, 25 and 25(1); Foreign Exchange Regulation Act, 1947 - Sections 8; Constitution of India - Articles 14, 226 and 300A

Reported in : 132(2006)DLT500; 2006(204)ELT161(Del)

Committee on Pricing was engaged in finding means to tackle the seasonal rise in the prices of some essential commodities. The Central Government identified three essential commodities that were driving the prices up - wheat, sugar and pulses. … interest and reads as under:Amendments 1.3 The Central Government reserves the right in public interest to make any amendments to this Policy in exercise of the powers conferred by Section 5 of the Act. Such amendment shall … the shipment of the export or import is made within the original validity of an irrevocable letter of credit established before the date of imposition

Zee Turner Ltd. Vs. Telecom Regulatory Authority of India and Others

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Subject : MRTP

No.5 of 2005) has held: “When we look at the case under the Control Orders made under the Essential Commodities Act we find that certain principles have been laid down on which price can be fixed. The Essential … aforesaid interim arrangement was continuing, on or about 03.09.2007, TRAI, made an amendment to the Regulations being Telecommunication (Broadcasting and Cable Services) Interconnect (Fourth Amendment) … as Civil Appeal Nos. 829 to 833 of 2009. The said appeals are pending decision. On 09.01.2004, … the powers conferred on it by clauses (ii), (iii), (iv) and (v) of clause (b) of Sub - Section (1) and Sub - Section (2) of Section 11 of the TRAI Act. Clause 3 of the impugned tariff … is concerned, there cannot be any doubt or dispute that whereas a valid classification having a clear nexus thereof is necessary but it is also

Shree Renuka Sugars Limited Vs. Union of India Ministry of Consumer Af ...

Court : Karnataka

Subject : Land Acquisition

Note No.1/1997 dated 10-1-1997. The Central Government in exercise of powers conferred on it by Section 3 of Essential Commodities Act, 1965, and by virtue of an amendment dated 10-11-2006 inserted Clause 6A, 6B, 6C, 6D, and 6E … Rajya Sabha Member, sponsored by Bharatiya Janatha Party only in the year 2009, whereas, the factory was conceived way back in the year 1996 and … the Karnataka State Pollution Control Board and requested not to grant permission. Respondent No.17 without there being any valid licence for the setting up of a Sugar Factory at Yadrav Village of Raibag Taluk is illegally and

Sri Padmavathi Modern Rice Mill and ors. Vs. the Government of Puduche ...

Court : Chennai

Subject : Commercial

Acts : Essential Commodities Act, 1955 - Section 3(1), 3(2)(f), 3(3-C); Electricity (Supply) Act, 1948 - Section 78A; Customs Act - Section 25(1); Essential Commodities Act - Section 3; Constitution of India - Article 226, 14, 19, 215

rice is subject to Governmental supervision and regulations in exercise of statutory powers under Section 3(1) of the Essential Commodities Act.27. That India, being Socialistic Welfare State, is committed to provide free rice to the families below poverty … writ petition, the notification earlier issued was withdrawn and was substituted by G.O.38 dated 27.03.2012, which resulted in amending of the writ petition.21. It is submitted, that by amending the Government order with retrospective effect, the position … month. During the month the miller is entitled for one release certificate valid till the end of the subsequent month without any limits or quantity." 34. … directed to deliver 17,000 metric tonnes of single boiled rice for KMS 2009-2010.iv)the committee was also constituted to fix the mill wise target6. The Government

Carlsberg India Private Limited and Others Vs. Union of India and Othe ...

Court : Delhi

Subject : Service Tax

of List II of the Seventh Schedule. Whereas the appellants contended that the field of price fixation of essential commodities was an occupied field by virtue of various control orders issued by the Central Government under sub-Section 3 … Constitution of India, 1950 Article 226 Finance Act, 1994 Section 65(19) Section 65B(40) Section 66B Section 66D Finance Act, 2009 Section 113(A) (1) Finance Act, 2015 Section 107 Section 109 Punjab Excise Act 1914 Central Excise Act, 1944 Central … argument is that Parliament lacks the legislative competence to enact the said amendments since the activity of manufacture of alcoholic liquor for consumption, whether for … filed under Article 226 of the Constitution of India challenging the constitutional validity of Section 66B of the Finance Act, 1994 ( FA 1994 )