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Mar 28 2017

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

Court : Delhi

Decided on : Mar-28-2017

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 … 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 … HIGH COURT OF DELHI AT NEW DELHI + Reserved on:15. th February, 2017 Pronounced on:28th March, 2017 CS (COMM) 132/2016 - IA No.2406/2016 (O.39 R.

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Dec 22 2015

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

Court : Mumbai

Decided on : Dec-22-2015

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 … 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 with the definition of the terms âfactoryâ?, âlicenceâ?, âoccupierâ?, âprescribedâ? and âunitâ?. … 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

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Sep 16 2010

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

Court : Orissa

Decided on : Sep-16-2010

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. … the declarations issued pursuant to the Act are violative of Article 14 of the Constitution. The provisions of Section 2 (a) and 2(e) are violative of Article 235 of the Constitution. Sections 4 and 9 of the Act … 1. In these writ petitions, the petitioners have challenged the constitutional validity of the Orissa Special Courts Act, 2006 and the Rules framed thereunder

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Mar 09 2011

Eurotex Industries and Exports Limited and anr. Vs. Union of India and ...

Court : Mumbai

Decided on : Mar-09-2011

Subject : Customs

Acts : Foreign Trade (Development and Regulation) Act, 1992 - Section 5, 3; Customs Act, 1962 - Section 11; Essential Commodities Act

If the Government wishes to restrict export of a particular item, it can do so only under the Essential Commodities Act or Section 3 of the 1992 Act or under Section 11 of the Customs Act, 1962. The … 1992) read with Para 2.1 of the Foreign Trade Policy, 200914, the Central Government hereby makes the following amendments in respect of Sl. No. 161 B {ITC (HS) Classification} in the Notification No.38/200914 dated 942010.The existing entries … By consent taken up for final hearing.2. In all these writ petitions, validity of the office memorandum / press release dated 1122010, notification dated 22122010 … thousands of workers. 4. Para 2.1 of the current policy i.e. FTP 20092014 announced by the Central Government provides that exports and imports shall be

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May 12 2009

Madurai Coats Private Limited Coats India, Rep. by Its General Manager ...

Court : Chennai

Decided on : May-12-2009

Subject : Civil

Acts : Water (Prevention and Control of Pollution) Act, 1974 - Sections 17, 17(1), 25, 25(1), 25(4), 26, 27, 27(2), 28 and 29; Water (Prevention and Control of Pollution) (Amendment) Act, 1988; Air (Prevention and Control of Pollution) Act - Sections 2 and 31A; Industrial Disputes Act; Prevention of Food Adulteration Act; Milk and Milk Products Order, 1992; State Financial Corporations Act, 1951 - Sections 29 and 31; Constitution of India - Articles 12, 19(1), 48A, 51A, 249 and 250

Reported in : (2009)5MLJ449

Matched in: Citation (2009)5MLJ449

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Aug 13 2013

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

Court : Mumbai Nagpur

Decided on : Aug-13-2013

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 … cotton seeds and for the matter connected therewith or incidental thereto. The term “cotton seed” is defined in Section 2 which means cotton seed of any variety and includes transgenic and genetically modified cotton seeds varieties used for … 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

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Aug 18 2006

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

Court : Delhi

Decided on : Aug-18-2006

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. … or under the order, the import and export of goods;(3) All goods to which any order under Sub Section (2) applies shall be deemed to be goods the import of export of which has been prohibited under Section … 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 … 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 … 5 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter `the Act') and certain notifications issued

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Feb 27 2012

Boya Ayyanna Vs. the District Collector, Civil Supplies,

Court : Andhra Pradesh

Decided on : Feb-27-2012

Subject : Constitution

Acts : Essential Commodities Act, 1955 Section 3; Indian Penal Code (IPC) - Sections 148, 307, 324, 34, 143, 341, 506

selection. His authorization was renewed from time to time. It is stated that he has been distributing the essential commodities, strictly in accordance with the provisions subject to which the authorization was accorded to him. It is averred … contravention of any order passed under Section 3 of the Essential Commodities Act, 1955, but however, the proviso added there under would clearly disclose that … and therefore, his authorization may not be cancelled. 2. However, the Revenue Divisional Officer has passed orders … 5(5) of the Andhra Pradesh State Public Distribution System (Control) Order, 2008, the appointing authority has power to amend, vary, suspend or cancel the authorization issued in favour of a fair price shop dealer, after conducting an … the order passed on 12.10.2010 by the District Collector. 3. Challenging the validity of these orders, the present Writ Petition is instituted. It will be

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Dec 16 2010

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

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Decided on : Dec-16-2010

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, … 39 bearing Order No. SO 44E whereby and whereunder the scope of the expression “telecommunication services” (defined in Section 2 of the TRAI Act, as amended) was expanded to include the `broadcasting and cable services’. Consequently, TRAI became … 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

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Mar 29 2011

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

Court : Karnataka

Decided on : Mar-29-2011

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 … 13) (supra) where that Court was concerned with the interpretation of the expression “set up” as used in Section 2 (11) of the Income-tax Act. That Court held: “It seems to us that the expression “setting up” as … 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

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