Court : Delhi
..... the said specific valuation as given by them, it is relevant to note that in para 33 of the plaint, the plaintiffs have stated that the exact valuation of their 1/8th share in the business and assets of their deceased parents and the joint hindu family properties is not possible and they have further averred that the valuation of the suit for purposes of ..... with the demand of the plaintiffs for severance and partition by metes and bounds of the joint family status & assets and for allocation of specific assets falling to their shares in the aforesaid undivided assets jointly held by the two hufs and also the assets separately held by m/s rajinder nath & co huf and hand over the possession to ..... of such pre-deceased son or of such pre-deceased daughter; and (c) the share of the pre-deceased child of a pre- deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall ..... under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,(a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased son or a pre- deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child ..... daughters from any benefit/share in joint family .....
Tag this Judgment!Court : Delhi
..... rights to the national biodiversity authority, or where benefit claimers are identified, to such benefit claimers; (b) transfer of technology; (c) location of production, research and development units in such areas which will facilitate better living standards to ..... . the main objectives of the act are conservation, sustainable use and equitable benefit sharing out of the utilization of bioresources.18section 21 of this act provides for benefit sharing when given effect to, by the national biodiversity authority; clause (2) of which specifically provides as follows: (2) the national biodiversity authority shall, subject to any regulations made in this behalf, determine the benefit sharing which shall be given effect in all or any of the following manner, namely: (a) grant of joint ownership of intellectual property ..... . it was argued that allowing a wide patent monopoly (over and above the protection of benefit sharing, under section 26 of the pv act) would result in multinational agribusiness corporates like monsanto eliminating agriculture from small farmers in a developing country like india; it also eliminates autonomy and independence in the matter of agricultural practice, .....
Tag this Judgment!Court : Delhi
..... . for the foregoing reasons, particularly at the present stage of the proceedings, the contentions of the defendants based on the provisions of the plant varieties act or the import of possible remedy of "benefit sharing" available to the plaintiffs thereunder, or the question as to whether the same would be more efficacious, or extinguishes or erodes the rights conferred by section 48 of the patents act, 1970 would best left to be addressed at the ..... sum and substance of the arguments of the defendants is that the only claim which the plaintiffs may press would be that of benefit sharing (in terms of section 26 of the plant varieties act) from such seed companies as have used their varieties for developing ..... . though, this conclusion takes the steam out of the argument based on the remedy of "benefit sharing" provided by cs (comm) 132/2016 page 78 of 96 section 26 of the plant varieties act, it may further be added that the possibility of such remedy, is nothing but a carrot dangled by the defendants, which may never come ..... submission of the defendants that the plaintiffs having terminated the contract, all that they can claim in terms of section 39 or section 75 of the indian contracts act is damages or compensation this aside from the remedy of benefit sharing under section 26 of the plant varieties act ..... . trait) is used to create a new variety, benefit sharing can be claimed from the creator of the new variety under section 26 of the plant varieties act read with rules 41 to 44 of .....
Tag this Judgment!Court : Delhi
..... l to 3 became dishonest and in order to grab the benefit/share of the complainant, they hatched a conspiracy with each other as well as in collusion with the accused no.4 and 5 and deceased sneh lata. ..... l and 2 knowingly, deliberately and with malafide intention and by using the fabricated documents, with an ulterior motive to sell the share of the complainant in the name of accused no.4 in collusion with the accused no.5. ..... the complainant constructed the entire building and then the complainant became partner/ shareholder in entire building to the extent of share/profit along with sneh lata. ..... meters, prashant vihar, delhi-34 and as per the terms of the said agreement, profit was to be shared equally between the parties.17. ..... materials, engaged contractors and spent a huge amount and is the partner/shareholder in the property in question and despite knowing all facts, accused show themselves as exclusive owners of the property in question in order to grab the share of the complainant. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... handed over to the mpfdc, the executive committee of such vss have to be converted into forest development committees and they are eligible for benefit sharing as per the existing rules and regulations of mpfdc. ..... the local communities in the forest management and has taken up the csr activities for the benefit of people, particularly those villagers who are mostly tribals residing in the vicinity of the transferred forest areas and also whether the working plan approved by the moef deals with the provisions of sharing benefits with the local communities who are organized into jfm committees / van samrakshan samiti (in short ..... india various state governments have issued orders / notifications on participatory approach of forest management and constitution of jfm committees in their respective states duly providing modalities on constitution of committees, duties and responsibilities, benefit sharing mechanism etc. ..... 2005 was issued by the state forest department on the mechanism of sharing the benefits with the jfm committees (placed at annexure r-4/14 of the reply). ..... guidelines further state that the benefits particularly with reference to the yield that is obtained by felling the existing coppice growth from the handed over forest areas, shall be shared with the vss which are converted ..... of any such operations not only leads to loss of revenue to the state exchequer but the local communities will also be deprived of their rightful share of benefits they would have otherwise earned. .....
Tag this Judgment!Court : Delhi
..... two of its cotton hybrids varieties were notified by the central government under the seeds act, 1966.it is claimed that these two hybrids could corner an unprecedented one-third of market share and these non-bt hybrids were found to be even superior and better than the first three bt hybrids of maharashtra seeds (the third respondent) though both products were released and marketed around the ..... within the prescribed period from any (a) order or decision of the authority or registrar, relating to registration of a variety; or (b) order or decision of the registrar relating to registration as an agent or a licensee of a variety; or (c) order or decision of the authority relating to claim for benefit sharing; or w.p. ..... time); yet the danger of abuse of the provision itself and the attendant (likely) long term injury to innocent breeders, farmers and those in the business of development of hybrids and plant varieties far outweighs its benefits, in view of the unguided nature of the power, which is destructive of the rule of law and contrary to article 14 of the constitution of india. ..... it was submitted that having regard to the wide nature of knowledge and novelty that had to be shared with the registrar, as a condition for applications to be processed and granted, there was a real threat that such information would be ..... it is urged by maharashtra seeds that the provisions of the act and rules framed under it mandate that each applicant share benefits of his or its registered variety. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... made, on or after the commencement of the national green tribunal act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the environmental (protection) act, 1986 (29 of 1986); (j) any determination of benefit sharing or order made, on or after the commencement of the national green tribunal act, 2010, by the national biodiversity authority or a state biodiversity board under the provisions of biological diversity act, 2002 (18 of 2003), may within a period of ..... shall not be permitted, the environmental fall out of this project, if at all any, can be duly mitigated, through balanced and nuanced measures, creating an enabling process to promote the environmentally sound development project that benefit local livelihoods and economy, than leaving the once fertile paddy lands fallow and abandoned causing more grave environmental problems. ..... a paddy land, which is not cultivable, cannot be left unutilized and would not ensure to benefit of either the state, the parties or the public and not at all advance the avowed objective of preserving the environment and maintaining ..... may be noted that it is the owners of the paddy fields (who apparently had no benefits out of the land) that sold it by their own for non- agricultural activities. 86 ..... fallow land by its ecosystem services would sustain a larger section of the people than the meager benefits of a few people for their comforts is only an unduly speculative and biased approach. .....
Tag this Judgment!Court : Delhi
..... (other than an essentially derived variety), the registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the registry and send a copy to the authority for determination of benefit sharing and to such other authority, as may be prescribed, for information. ..... . thus, even if it is held that the time period of two months as specified under section 21(4) of the act is directory, it would be of no benefit to kaveri .....
Tag this Judgment!Court : Delhi
..... (other than an essentially derived variety), the registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the registry and send a copy to the authority for determination of benefit sharing and to such other authority, as may be prescribed, for information. ..... . thus, even if it is held that the time period of two months as specified under section 21(4) of the act is directory, it would be of no benefit to kaveri .....
Tag this Judgment!Court : Delhi
Reported in : [1974]44CompCas214(Delhi); ILR1972Delhi793
..... the following observations which, apply with considerable force to the present case appear well-worth quoting: 'ina trading company, whose aim is to earn profits for the benefit of share-holders, the directors and share-holders of the company are the best judges of the trading policy of the company and so long as the requirements of the statute are complied with and the policy pursued by the company through ..... clauses in its memorandum is not fraudulent or unfair to any class of its members and does not violate the statutory provisions, the court should not easily or lightly interfere with the decision of the share-holders and directors of the company and also of creditors, if any. ..... 1972) under section 155 of the companies act staling that the forfeiture of his shares was invalid and asking for rectification of the said register. ..... notice of the said general meeting of the company it has been stated by the petitioner company that raj kumar bansal had only subscribed his name to the memorandum but failed to pay the share money to the company and that his shares were forfeited on account of non-payment of share-money. ..... but the decision of the share-holders, creditors and directors, is not final and it is for the court to see if the statutory requirement has been complied with and the alterations sought for are not contrary to or inconsistent with ..... petition was opposed by raj kumar bansal, who claims to be one of the first directors of the company owning 20 shares of the face value of rs. .....
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