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Chemithon Engineers Pvt. Ltd. Vs. Secretary, Department of Atomic Ener ...

Court : Kolkata

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 25(2), 39, 52(1), 52(2), 57, 65 and 125; ;Urban Lands (Ceiling and Regulation) Act, 1976 - Section 20; ;Rajasthan Urban Improvement Act, 1959; ;Patent Rules, 2003 - Rule 4 and 4(2); ;Code of Civil Procedure (CPC) - Sections 20 and 141; ;Constitution of India - Articles 32, 226(1), 226(2) and 227

30) v. Union of India and Ors. 3. (2007) 11 SCC 335 Alchemist Ltd. v. State Bank of Sikkim and Ors. 4. : (2004) 9 SCC 786 National Textile Corporation Ltd. v. Haribox Swalram 5. : AIR … Prakash Srivastava v. Union of India 11. : (2007) 6 SCC 769 Ambica Industries v. Commissioner of Central Excise 11. On the other hand, Mr. S. K. Kapoor, Learned Senior Advocate and Mr. Ranjan Bachawat learned Counsel … 1970. On November 20, 2006, Government of India filed an application for amendment of the specifications of the patent. The appellant filed a notice of … Secretary, Atomic Energy, Government of India (respondent No. 1 herein) applied for a patent for its invention … No. 5, filed post grant oppositions under Section 25(2) of the Patents Act, 1970. On November 20, 2006, Government of India filed an application for

New India Assurance Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : InsuranceCivil

Acts : Constitution (Fifteenth Amendment) Act, 1963; Constitution (Forty-second Amendment) Act, 1976; Code of Civil Procedure (CPC) - Sections 10, 20 and 100; Sea Customs Act, 1878; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 188; Central Excise Act - Sections 35 and 35G(9); Insurance Act - Sections 110H; Constitution of India - Articles 14, 32, 121, 226, 226(1), 226(2) and 227

Reported in : AIR2010Delhi43; 161(2009)DLT55

of the amendment was considered by the Supreme Court in Alchemist Ltd. and Anr. v. State Bank of Sikkim and Ors. (2007) 11 SCC 335. The Court observed:15. The effect of the above decisions was that no … Judge relying on various judgments including Ambica Industries v. Commissioner of Central Excise : 2007(213)ELT323(SC) , Bombay Snuff (P) Ltd. v. Union of India : … Objects and Reasons appended to the Constitution (Fifteenth Amendment) Bill, 1962, which was enacted as the Constitution (Fifteenth Amendment) Act, 1963. He referred to a judgment of the Supreme Court in Eastern Coalfields Ltd. and Ors. v. Kalyan … Excise (supra) dealt with a statutory appeal under Section 35(g) of the Excise Act and the law … [1976]1SCR505 and Kusum Ingots and Alloys Ltd. v. Union of India : 2004(186)ELT3(SC) . It was also contended that the decisions in Ambica Industries v. … Rajkumar Shivhare v. Assistant Director of Enforcement, Mumbai 154 (2008) DLT 28 and West Coast Ingots (P)

The State Of Telangana Vs. M/s Tirumala Constructions

Court : Supreme Court of India

Subject : Service Tax

“residuary power” of the Union; nevertheless, Entry 92C was introduced into the Union List by the Constitution (88th Amendment) Act, 2004 clarifying that the Union had exclusive authority to impose a service tax. Taxation of sale and movement of … special provision with respect to the States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and (h) any other matter relating to the goods and services tax, as … had a vision of taxation of goods and services supplied within India. Excise and customs duty and excise on manufacture were within the scope of … respondent-assessees ............................................................................ 20 V. Analysis and reasoning ................................................................................................... 33 A. Interpretation of Section 19 ............................................................................................. 35 B. Whether the power of amendment or repeal is … 1 REPORTABLE2023INSC942IN THE SUPREME COURT OF INDIA CIVIL APPELLATE

Commissioner of Income-tax Vs. Smt. Susheela Devi Agarwal

Court : Allahabad

Subject : Other Taxes

Reported in : [2010]187TAXMAN220(All)

at the hands of the assessee. Sikkim became 22nd State of Indian Union by and under Constitution (36th Amendment) Act, 1975 with effect from 26-4-1975. Article 371F was inserted with effect from the same day in the Constitution … held as follows:6. Apart from the fact that the circulars issued by the Central Board of Customs and Excise in exercise of its power under Section 37B of the Central Excise Act, 1944, are binding on the … appeal under Section 260A of the Income-tax Act against the order dated 18-12-1998 passed by the Income-tax Appellate Tribunal 'B' Bench, Allahabad in ITA No.

Association Of Old Settlers Of Sikkim Vs. Union Of India

Court : Supreme Court of India

Subject : MRTP

to which the said 47 amendment was withdrawn. (e) On 19th July, 2004, the Government of India and Government of State of Sikkim, in an … Subject” in the register maintained under the Sikkim Subjects Regulations, 1961. 64.6 By way of the Constitution 36th Amendment Act 1975, Sikkim was made a full-fledged State of India and was included in Entry 22 of Schedule I … Sikkim and Others have prayed for an appropriate writ, direction or order 1 striking down Section 10(26AAA) of the Income Tax Act, 1961 (hereinafter referred … employment in the hospitality sector. In the said case, the constitutional validity of Section 30 of the Punjab Excise Act, 1914, which prohibited employment of "any man under the age of 25 years" or "any woman" in

M/s. Hero Motocorp Ltd. Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

was notified in exercise of the powers conferred by sub-section (1) of Section 5A of the Central Excise Act, 1944 read with sub-section (3) of … way of writ petition being Writ Petition (Civil) No.505 of 2020 and the appellant-Sun Pharma Laboratories Limited approached the Sikkim High Court by way of writ petition being Writ Petition (Civil) No.47 of 2018. The Delhi High Court, … claim of 100% budgetary support in lieu of the pre-existing 100% outright excise duty exemption for ten years from the date of the commencement of … 58% through the implementation of the Budgetary Support Policy. 6.5 Subsequently, by the Constitution (One Hundred and First Amendment) Act, 2016 (hereinafter referred to as “the 101st Amendment Act”), the Constitution of India came to be amended by

Director General of Foreign Trade and Anr Vs. M/S Kanak Exports and An ...

Court : Supreme Court of India

Subject : Land Acquisition

KVICs | | |or KVIBs/Units located in North Eastern | | |States, Sikkim and J&K/Units exporting | | |handloom, handicrafts, hand knotted carpets,| | |silk … Authority who has issued the certificate with a copy to the jurisdictional excise authorities. It also provided that: In terms of para 3.2.5 of Handbook … subsequent to the decision of the High Court, the State Legislature has enacted the Andhra Pradesh Tenancy Laws (Amendment) Act, 1979 - Act 2 of 1979, whereby Section 93 of the Act has been amended and the provisions … made thereto vide Notification No.28 dated January 28, 2004. On the same day, Public Notice No.40(RE-2003)/2002-2007 was … India, (other than the Defence Ministry) and by the Supreme Court of India are published under Part 1 Section 1 of the Gazette of India. On the other hand, Notifications issued by the Ministries of Government of India

Secretary, Department of Atomic Energy, Government of India Vs. the Co ...

Court : Kolkata

Subject : Intellectual Property RightsCivil

Acts : Patents Act, 1970 - Sections 25(4), 52(1), 52(2), 57, 57(2), 59 and 73(3); ;Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; ;Constitution (Forty-second Amendment) Act, 1976; ;Central Excise Act - Section 35G; ;Code of Civil Procedure (CPC) - Section 20; ;Constitution of India - Articles 126, 226, 226(1), 226(2) and 227; ;Patent Rules, 2003 - Rules 4, 5, 6(2) and 6(3)

Reported in : LC2009(2)323

In another recent judgment reported at (2007) 11 SCC 335 (Alchemist Limited and Anr. v. State Bank of Sikkim and Ors.), a company in Haryana had challenged the State Bank of Sikkim's rejection of its offer to … the judgment reported at : 2007(213)ELT323(SC) (Ambica Industries v. Commissioner of Central Excise). The appellant in that case carried on business at Lucknow and was … of the amendment at paragraph 16 of the report:16. It may be stated that by the Constitution (Forty-second Amendment) Act, 1976, Clause (1-A) was renumbered as Clause (2). The underlying object of amendment was expressed in the following … from the Respondent No. 1 in terms of Section 73(3) of the Act. Therefore, this Hon'ble Court … & Alloys Ltd. v. Union of India and Anr. reported at : 2004(186)ELT3(SC) to assess which of the facts averred would be material to the

United Shippers Ltd. Rep. by Its Authorized Signatory R. Pandu Vs. Vol ...

Court : Andhra Pradesh

Subject : SICACivil

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 16, 18(4), 19(3), 20(1) and 25; Companies Act, 1956; Constitution of India (15th Amendment) Act, 1963; Constitution of India (42th Amendment) Act; Central Excise Act - Sections 35G(1); Constitution of India - Articles 32 and 226

Reported in : 2008(4)ALD665; 2008(4)ALT588

jurisdiction on the Court concerned.22. In a recent decision in Alchemist Limited and Anr. v. State Bank of Sikkim and Ors. : AIR2007SC1812 , the above interpretation of the expression cause of action was reiterated observing as … the following decisions have been cited:1. Ambica Industries v. Commissioner of Central Excise : 2007(213)ELT323(SC) 2. Canon Steels Pvt. Ltd. v. Commissioner of Customs : … writ petition under Article 226 of the Constitution of India is well-settled. Though prior to the Constitution (15th Amendment) Act, 1963 the territorial jurisdiction of the High Courts under Article 226 was restricted to the location or residence … Kusum Ingots and Alloys Ltd. v. Union of India and Anr. : 2004(186)ELT3(SC) 5. Union of India v. Adani Exports : 2001(134)ELT596(SC) 6. West Coast … has completely eroded, it filed a reference under Section 15 of SICA in the year 1987 before

United Shippers Ltd. Vs. Volta Impex P. Ltd. and ors.

Court : Andhra Pradesh

Subject : Company LawConstitution

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 16, 18(4), 19(3), 20(1) and 25; Companies Act, 1956; Constitution (Amendment) Act, 1963; Central Excise Act - Sections 35G(1); Constitution of India - Articles 32 and 226

Reported in : [2009]147CompCas544(AP)

confer territorial jurisdiction on the court concerned.22. In a recent decision in Alchemist Ltd. v. State Bank of Sikkim : AIR2007SC1812 , the above interpretation of the expression cause of action was reiterated observing as under (page … the following decisions have been cited:1. Ambica Industries v. Commissioner of Central Excise : 2007(213)ELT323(SC) ;2. Canon Steels P. Ltd. v. Commissioner of Customs : … writ petition under Article 226 of the Constitution of India is well-settled. Though prior to the Constitution (15th Amendment) Act, 1963, the territorial jurisdiction of the High Courts under Article 226 was restricted to the location or residence … 2007 (Delhi);4. Kusum Ingots and Alloys Ltd. v. Union of India : 2004(186)ELT3(SC) ;5. Union of India v. Adani Exports Ltd. : 2001(134)ELT596(SC) ;6. West … has completely eroded, it filed a reference under Section 15 of the SICA in the year 1987