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 : Mumbai Nagpur
..... further declaration sought is, that the guidelines on access to biological resources and associated knowledge and benefits sharing regulations, 2014 (hereinafter referred to as the regulations for short) apply only to transactions involving non-indian entities and the same do not apply to the indian entities not treading any biological resources with non- ..... section 52, enables aggrieved persons to challenge determination of benefit sharing or order of the national biodiversity authority or a state biodiversity board by filing an appeal to the high court. ..... in the alternate, it is prayed that to the extent the said rule envisages equitable sharing of benefits by the indian entities, it should be declared ultra vires to the provisions of the biological diversity act, 2002 and, therefore, unconstitutional. .....
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 : Supreme Court of India
..... the seeds are not patentable under section 3(j) of the act though the plaintiffs may be entitled for benefit sharing under the provision of the ppvfr act as defined under section 2(h) of the ppvfr act. ..... the plaintiffs claim was essentially of a breeder for developing a variety and therefore its donor seed containing the nas was registerable under the ppvfr act and they were entitled to benefit sharing under section 26 after such registration. .....
Tag this Judgment!Court : Supreme Court of India
..... the national green tribunal act, 2010, refusing to grant environmental clearance for carrying out any activity or operation or process under the environment (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 the biological diversity act, 2002 ..... legal representatives of the deceased have not joined in any such application for compensation or relief or settlement of dispute, the application shall be made on behalf of, or, for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application: provided further that the person, the ..... have not joined in any such application for compensation or relief or settlement of dispute, the application shall be made on behalf of, or, for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined shall be impleaded as respondents to the application. ..... notwithstanding anything contained in section 7, the person referred to in sub-section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the central government may, by notification in the official gazette, specify having regard to the expenditure involved in building, maintenance, management and .....
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 : Supreme Court of India
..... , on or after the the national green commencement of tribunal act, 2010, to grant environmental clearance for carrying out any activity or operation or process under the environment (protection) act, 1986 (29 of 1986); refusing on or after (j) any determination of benefit sharing or the order made, the national green commencement of the national tribunal act, 2010, by biodiversity authority a state biodiversity board under the provisions of the biological diversity act, 2002 (18 of 2003), or may, within a period of thirty .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1980)14CTR(AP)11; [1980]123ITR802(AP)
..... whether, on the facts and in the circumstances of the case, the appellate tribunal is justified in holding that the assessee is not entitled to the benefits of registration under section 185(1)(a) of the act; and (2) alternatively, whether in view of the fact that the assessments of two of the partners having been completed on the share incomes of the assessee-firm earlier to the assessment of the firm, is the appellate tribunal justified in law in holding that the ito was correct ..... to the assessee, it was a firm of two partners, haridwarimal and rudmal, each owning a 20% share with five minors admitted to the benefits of the partnership and the partnership is evidenced by a partnership deed dated august 20, 1968. ..... department was not having any information at that time as to the persons for whose ultimate benefit the shares are shown in the partnership deed in the names of these two minors. ..... it was on those facts that the supreme court held that once the option was exercised for assessing the individual partner and including his share of profits in the firm in his assessment, it was not open to the department to assess the same income as income of the ..... and subject to the provisions of sub-section (3), in the case of a registered firm, after assessing the total income of the firm,-- (i) the income-tax payable by the firm itself shall be determined ; and (ii) the share of each partner in the income of the firm shall be included in his total income and assessed to tax accordingly. .....
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