Court : Kolkata
..... pointed out in the said decision that the bihar excise ( amendment and validating) act, 1995 vested the power of price fixation to be done by the commissioner of central excise vide letter dated 19th february 1990 and 20th february 1990 which were issued after negotiations with the ..... of jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii. ..... scc 596 the supreme court held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list iii. ..... of two legislations containing contradictory provisions is not, however, the only criterion of repugnancy, for if a competent legislature with a superior efficacy expressly or impliedly evinces by its legislation an intention to cover the whole field, the enacatments of the other legislature whether passed before or after would be overborne on the ground of repugnance. ..... hold that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. ..... reported in (2004) 1 scc the supreme court held as follows:- the other two pleas raised on behalf of the appellant state merit a short and summary burial. ..... upon some decisions of swadeshi cotton mills national textile corporation vs. .....
Tag this Judgment!Court : Supreme Court of India
..... and (ja) of section 2(1) with section 3(d) it would appear that the act sets different standards for qualifying as inventions things belonging to different classes, and for medicines and drugs and other chemical substances, the act sets the invention threshold further higher, by virtue of the amendments ..... and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations; d) that patents granted do not impede protection of public health and nutrition and should act as instrument to promote public interest specially in sectors of vital importance for socio- economic and technological development of india; e) that patents granted do not in any way prohibit central ..... have been covered by the zimmermann patent, the zimmermann patent had the teaching for the making of imatinib mesylate from imatinib, and for its use ..... chapter 9: construction of the specification and claims , under the heading principles equally applicable to infringement and validity states: 9.05 section 125(1) defines an invention as (unless the context otherwise requires) that specified in a claim of the specification, and both validity (see sections 1 to 4 and 72 of the act) and ..... and pass the act, replacing ordinance no.7 of 2004 and amending the patents act, 1970, is best stated in the statement of objects and reasons for the patents (amendment) act, 2005 (act .....
Tag this Judgment!Court : Supreme Court of India
..... it will overlap and will be in conflict with the provisions of the central act in various areas and, in particular, in the matter of allocation and disbursal of grants, formulation of schemes for initial and in-service training of teachers and continuing education of teachers, laying down norms and standards for courses, physical and institutional facilities, staff pattern, staff qualifications, quality instruction assessment and examinations, fixing norms and guidelines for charging tuition and other fees, granting ..... view of the above said decision, not placing the amended regulations on the floor of the houses of parliament as required under section 24 of the aicte act vitiates the amended regulations in law and hence the submissions made on behalf of ..... case are-- notification of 6th february, 2001 about the governing body of the member colleges of the appellant association, notification of 3rd march, 2001 regarding land area and also pointed out the other notifications issued by the aicte covering a wide canvas namely notifications issued on 9.9.2002 in relation to the governing body, staff etc. ..... of the appellant in ca no.1145 of 2004 submits that the aicte act and its regulations do not apply to university/universities or constituent colleges and its institutions but according to the aicte the provisions of aicte act would apply to the affiliated colleges of the ..... section 12a of the ugc act under chapter iii which deals with the powers and functions of the university grants .....
Tag this Judgment!Court : Delhi
..... instruments and annexes of the general agreement on tariffs and trade (gatt), including the trade- related aspects of intellectual property rights (trips) agreement, india, inter alia, introduced the patents (amendment) act, ..... patented technology ever since entering upon the sub-license agreements with the plaintiffs in 2004, and taking advantage of the same all these years, apparently for commercial exploitation, it does not lie in the mouth of the defendants to turn around and say that they cannot be bound by such obligations under the sub- license agreements ..... them by such law, as indeed the cotton seeds price (control) order, 2015 promulgated by the central government, again in exercise of its statutory powers conferred by essential commodities act, 1955 provide not only the "law" but also reflect the "public policy" of the state and, thus, the "consideration" of the agreement between the parties in order to be lawful, within the ..... rights in its patented technology and trademarks, erred in effectively directing it to compulsorily license the same to the nuziveedu, in direct conflict with the entire scheme of the patents act, 1970 and the trade marks act, 1999, which it is submitted, are in circumvention of the due process of law contained in chapter iv of the patents act, 1970, and beyond the jurisdiction of ..... or a chemical or other substance like dna are not meant to be covered within the meaning of the expression variety , the development of which is protected by the pv act. .....
Tag this Judgment!Court : UK Supreme Court
..... unsc resolutions under chapter vii of the un charter are fundamental to the mission of the un to secure international peace and security and since they rely for their effectiveness on support from member states, the convention cannot be interpreted in a manner which would subject the acts and omissions of contracting parties which are covered by unsc resolutions and occur prior to ..... act, among other things, amended the definition of terrorism in the 2000 and 2001 acts to eliminate disparities between its definition in domestic law and ..... analytical support and sanctions monitoring team established pursuant to resolution 1526(2004) identified the challenges made to european community and national measures implementing security council resolution 1267 and acknowledged, as the high level panel before it had, that at that date: "the way entities or individuals are added to the terrorist list maintained by the council and the absence ..... achieve the goal of maintaining peace states were willing to submit to a central organ in a manner that hitherto had been unprecedented: the charter of the ..... and g v her majesty's treasury [2008] ewca civ 1187, [2009] 3 wlr 25, the court of appeal, overruling collins j [2008] ewhc 869 (admin), [2008] 3 all er 361, held by a majority (sir anthony clarke mr and wilson lj) that both orders were valid, subject only to the excision ..... the order on the floor of the house of lords, it was likely that wider attention would have been given to its true meaning and extent. .....
Tag this Judgment!Court : House of Lords
..... the committee of the legislative, administrative, judicial and other measures they take to prevent and punish acts of torture and cruel, inhuman and degrading treatment in any territory under their jurisdiction ..... seems to me rather to equate to the process described by lord bingham in r v lichniak [2002] ukhl 47, [2003] 1 ac 903 at para 16 as "an administrative process requiring [the board] to consider all the available material and form a judgment"; cf re mcclean [2004] nica 14, para 77, where mccollum lj said of a similar process that it was "not the establishment of a concrete fact but rather the formulation of an opinion or impression", which was not capable of proof in the manner usually ..... that section, which remains in force subject only to one minor amendment (see statute law (repeals) act 1977, sch i, part iv) and applies to england as well as scotland, declares that no person accused of any crime ..... course of work in siac, it would be wholly impossible for the secretary of state to obtain the evidence of the parade of witnesses commonly called in such voir dires - gaolers, doctors, interviewers etc - to cover in minute detail the time spent in custody by the maker of the statement. ..... that reliance was placed on sources of doubtful validity, such as chapter 39 of magna carta 1215 and felton's case as reported by rushworth (rushworth's collections, vol (i), ..... the answer to the central question posed at the outset of this opinion is to be found not in a governmental policy, which .....
Tag this Judgment!Court : US Supreme Court
..... recognized in hans and other cases, but observing that "[i]t would, indeed, be most unfortunate if the immunity of the individual states from suits by citizens of other states, provided for in the eleventh amendment, were to be interpreted as nullifying those other provisions which confer ..... be sued in federal court should affect the power of congress to authorize federal courts to remedy violations of federal law by states or their officials in actions not covered by the eleventh amendment's explicit text.18 while i am persuaded that there is no justification for permanently enshrining the judge-made law of sovereign immunity, i recognize that federalism concerns ..... "(i) which are consistent with the proposed compact selected by the mediator under clause (iv), the provisions of this chapter, and the relevant provisions of the laws of the state, and "(ii) under which class iii gaming may be conducted on the indian lands over which the indian tribe has ..... 1938) ("but it was the more recent research of a competent scholar, who examined the original document, which established that the construction given to [the judiciary act of 1789] by the court was erroneous; and that the purpose of the section was merely to make certain that, in all matters except those in which some federal law is controlling, the federal courts ..... that sought to balance the states' exercise of some sovereign prerogatives delegated from their own people with the principle of a limited but centralizing federal supremacy. .....
Tag this Judgment!Court : UK Supreme Court
..... sovereignty and of the clear limitations on the domestic implementation of european law which parliament intended, for the time being, by the european communities act 1972 and the european union (amendment) ..... mutual evaluations - the practical application of the european arrest warrant and corresponding surrender procedures between member states" (8302/4/09 rev 4crimorg55 copen 68 ejn24 eurojust20): "the findings of the evaluation demonstrate, however, that in some member states non-judicial central authorities continue to play a role in cardinal aspects ..... communities on the simplification and modernisation of methods of transmitting extradition requests of 26 may 1989; (c) the convention of 10 march 1995 on simplified extradition procedure between the member states of the european union; (d) the convention of 27 september 1996 relating to extradition between the member states of the european union; (e) title iii, chapter 4 of the ..... for offences other than those covered by paragraph 2, surrender may be subject to the condition that the acts for ..... decision shall, from 1 january 2004, replace the corresponding provisions of the following conventions applicable in the field of extradition in relations between the member states: (a) the european convention on extradition of 13 december 1957, its additional protocol of 15 october 1975, its second additional protocol of 17 march 1978, and the european convention on the ..... ( idt card services ireland ltd) v customs and excise comrs [2006] ewca civ 29, [2006 .....
Tag this Judgment!Court : Delhi
..... . the icu s (intensive care unit) & hdu s (high dependency units) and other centralized facilities like crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & ..... it is true as contended for the state that under section 309, third proviso brought by amendment act, 1978 that no adjournment should be granted for the purpose only of enabling the accused person to show cause against sentence to be ..... the committee proceeded to state that though section 545 of the code as amended in 1923 was intended to cover such cases, the intention was not however very clearly brought out and therefore in order to focus the attention of the courts on this aspect of the question, the committee have amended section 545 and it has been made clear that a fine may crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl ..... general placed this communication before the learned single judge on 18th january, 2012, when it was clarified that the relief granted in the order dated 23rd august, 2004 could not be extended to vishal yadav after his conviction and that in case vishal yadav would require any medical treatment, he would be at liberty "to make such request before the concerned court".597 ..... as per the legislative scheme, section 31 has been placed in chapter 3 of the code of criminal procedure which is concerned with the "power ..... - he was prosecuted under section 25 of arms act at dabra, gwalior and he was also prosecuted in two cases one in under section 297/337 ipc and under punjab excise act .....
Tag this Judgment!Court : Delhi
..... . the icu s (intensive care unit) & hdu s (high dependency units) and other centralized facilities like crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & ..... it is true as contended for the state that under section 309, third proviso brought by amendment act, 1978 that no adjournment should be granted for the purpose only of enabling the accused person to show cause against sentence to be ..... the committee proceeded to state that though section 545 of the code as amended in 1923 was intended to cover such cases, the intention was not however very clearly brought out and therefore in order to focus the attention of the courts on this aspect of the question, the committee have amended section 545 and it has been made clear that a fine may crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl ..... general placed this communication before the learned single judge on 18th january, 2012, when it was clarified that the relief granted in the order dated 23rd august, 2004 could not be extended to vishal yadav after his conviction and that in case vishal yadav would require any medical treatment, he would be at liberty "to make such request before the concerned court".597 ..... as per the legislative scheme, section 31 has been placed in chapter 3 of the code of criminal procedure which is concerned with the "power ..... - he was prosecuted under section 25 of arms act at dabra, gwalior and he was also prosecuted in two cases one in under section 297/337 ipc and under punjab excise act .....
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