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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 … of this law on the subject of “Prohibition of Anti Competition Agreements” (Section3) or “Abuse of dominant position” (Section 4). The Competition Commission is empowered by Section 19 to hold inquiry into the alleged contravention of the provisions … 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

Vijay Nath Mishra @ Vijendra Nath Mishra Vs. the State of Bihar and Ot ...

Court : Patna

Subject : Land Acquisition

Jagdish Sah (supra) and was held žper incuriumŸ for its failure to notice the amendments introduced in the Essential Commodities Act and the judgments of the Supreme Court on the issue. The Division Bench dealing with the effect … (supra) and was held žper incuriumŸ for its failure to notice the amendments introduced in the Essential Commodities Act and the judgments of the Supreme … for which Alamganj P.S. Case No. 19 of 2009 was instituted; (ii) For a declaration that the … 1987 making the offence under the Act cognizable. The Division Bench also could not notice sub-section (2) of Section 4 of the Cr.P.C. which empowered the police to investigate, enquire into, try or otherwise deal with cognizable offence … the Act hence neither the inspection can be held to be a valid inspection nor the seizure list prepared by the Junior Engineer would be

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. … inevitable consequence that would follow from cognizance being taken over again by a Special Court, as required under Section 4 of the Act. In support of the contention, learned counsel placed reliance on the decision of the Supreme … 1. In these writ petitions, the petitioners have challenged the constitutional validity of the Orissa Special Courts Act, 2006 and the Rules framed thereunder

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 … 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 … the following new entry may be inserted after entry at Sl. No. 44 in Chapter 7 of Table B under Schedule 2 of ITC(HS):Sl. No.Tariff

Commissioner of Central Excise, Mumbai Vs. Ms. Fiat India (P) Ltd. and ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Tariff Act, 1985 ; Central Excise Act 1944 - Section 14, 14A, 4(1)(a), 4(1)(b), 11A, 11AC, 11AB, 2(h); Central Excise Rule 1944 - Rule 173C(3), 9, 52-A, 173Q; Indian Customs Act - Section 14, 4; Customs Valuation Rules - Article 6, 7, Rule 7; Central Excise (Valuation) Rules, 1975 - Section 4 Rule 5, 6, 6(b)(2), 7

v. CCE, (2005) 13 SCC 564, at page 567, it is held:“5..….The essential basis of valuation under Section 4 of the Act is the wholesale … at this stage, in the Bombay Tyre’s case, this Court considered the scope of Section 4 before its amendment and after the new section 4 was substituted with effect from 01.10.1975. This Court in the said case, after … Section 4(1) (a) of the Act.30. The `value’ in relation to excisable commodity means normal price or the price at which the goods are ordinarily … may lead to hardship would not be a valid consideration for distorting the language of the statutory … them could not be treated as a normal price for the purpose of quantification of assessable value under Section 4(1)(a) of the Act and for levy of excise duty as it would amount to short payment of duty.4.

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 … is ours for emphasis) Whilst the 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) Regulation, 2007, interalia introducing the following: … India which were marked as Civil Appeal Nos. 829 to 833 of 2009. The said appeals are pending decision. On 09.01.2004, the Government of India … 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 … with regard to inter alia, the applicability of Section 11(1)(b)(iv) vis-a-vis Section 11(2) of the Telecom Regulatory … its Act No. 2 of 2003 introduced Section 4A to the 1995 Act, which reads as under:

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 … crushing capacity of 2500 TCD with 13 MW Co-generation Power Plant and 40 KL Distillery. The crushing capacity of Co-generation power production was also increased

M/S Shiv Shakthi Dal Industries vs State of Karnataka

Court : Karnataka Kalaburagi

mustard oil not exceeding Rs 10 per kilogram in exercise of powers conferred by Section 3 of the Essential Commodities Act, a bench of Seven Judges of this Court in Prag Ice & Oil Mills v. Union of … v. Belize Telecom Ltd. [Attorney General of Belize v. Belize Telecom Ltd., 2009 Bus LR 1316 : (2009) 1 WLR 1988 (PC)] as under : … under section 25(A)(B)(C) vide notification No NO:FD 884 Exp-12/2019, Bangalore Dated 7th May 2020 B of KTPP rules amendment6. They shall keep all lab test reports available forinspection at the district office concemod during the visit - … clients (Must tally with the work orders furnished)4 The bidder should have valid Copy of the valid License Certificate (Form-C) License.Certificate (Form-C) issued issued by

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 … 19.08.2011 to withdraw the incentive given under Clause 4 of G.O.30 dated 05.01.2011. It is the stand … 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