Exhausting - Year 2012 - Judgments

Feb 17 2012 (HC)

Samsung Electronics Company Limited and Another Vs. Kapil Wadhwa and O ...

Court: Delhi

Decided on: Feb-17-2012

..... in which it is couched in order to discern whether it is national exhaustion or international exhaustion and the argument of parallel importers can be accepted or rejected depending upon ..... countries issued by international trade mark association which again pinpoints the adoption of international exhaustion as per mr kaul learned senior counsel for the defendants the aforementioned statement of .....

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Oct 03 2012 (HC)

Kapil Wadhwa and Others Vs. Samsung Electronics Co. Ltd. and Another

Court: Delhi

Decided on: Oct-03-2012

..... the subject of whether the trade marks act 1999 embodies the principle of domestic exhaustion or international exhaustion 20 as noted above after noting the rival facts the arguments advanced and ..... 64 learned counsel for the respondents had also highlighted that from an economic perspective national exhaustion would be more beneficial because it encourages foreign investments to flow into india for .....

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Jun 27 2012 (FN)

Oracle America Inc (Formerly Sun Microsystems Inc) Vs. M-tech Data Lim ...

Court: UK Supreme Court

Decided on: Jun-27-2012

..... to modify their effect or to adopt a rule of international exhaustion have been firmly rejected by the ec commission and the ..... subsequently been applied in the context of the corresponding rule of exhaustion relating to patent protection see generics uk ltd and harris ..... because one of the objectives of the eu principle of exhaustion was precisely to allow trade in branded goods between member .....

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Apr 24 2012 (FN)

Wood Vs. Milyard

Court: US Supreme Court

Decided on: Apr-24-2012

..... again reasoned because aedpa s statute of limitations like the exhaustion doctrine implicat es values beyond the concerns of the parties ..... again reasoned because aedpa s statute of limitations like the exhaustion doctrine implicat es values beyond the concerns of the parties ..... appellate courts may consider a habeas petitioner s failure to exhaust state rem edies despite a state s forfeiture of the .....

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Nov 06 2012 (HC)

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court: Mumbai

Decided on: Nov-06-2012

..... us whether or not the arbitration act 1996 is an exclusive exhaustive and comprehensive code for the aforesaid issue it is not ..... at the conclusion that the arbitration act 1996 is an exclusive exhaustive and comprehensive code and further that the mandate of section ..... delineate an inclusive list of appealable order but defines the exhaustive list of orders from which an appeal under the provisions .....

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Aug 07 2012 (HC)

M/S. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu

Court: Chennai

Decided on: Aug-07-2012

..... an inclusive definition the list enumerated in the definition clause shall not be treated as exhaustive applying the doctrine of ejusdem generis and going by the purpose and context while interpreting ..... phrase means and includes will clearly indicate the legislature s intention that the definition is exhaustive and would only cover those institutions as enumerated in section 141 of the act in .....

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Jan 03 2012 (HC)

Dlf Ltd Vs. Securities and Exchange Board of

Court: Delhi

Decided on: Jan-03-2012

..... both 26 when the other remedy is a statutory remedy after exhausting which the aggrieved party has a further statutory remedy the ..... to the article 226 remedy is the decisive factor if after exhausting the further remedy the article 226 remedy is available then the ..... both is to exercise its discretion applying the principle that non exhaustion of available statutory remedy is no bar to seek the article .....

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Jul 10 2012 (SC)

Subhash Popatlal Dave Vs. Union of India and anr.

Court: Supreme Court of India

Decided on: Jul-10-2012

..... theoffences 9 having completed his submissions with regard to the exhaustive and or illustrative nature of the five exceptions set out ..... the due operation and implementation of the concerned law and exhaust the remedies provided by it before approaching the high court ..... lordships also rejected the contention that the exceptions were not exhaustive and that the decision in alka subhashgadia s case supra .....

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Feb 13 2012 (HC)

Sushma Bharadwaj, Chandigarh Vs. Addl.Chief Secretary to Government, T ...

Court: Kerala

Decided on: Feb-13-2012

..... indicated in alka subhash gadia s case supra are illustrative or exhaustive as stated earlier the question whether the grounds mentioned in ..... alka subhash gadia s case supra were not illustrative but exhaustive subsequently a division bench in union of india and others ..... challenge mentioned in alka subhash gadia s case are not exhaustive but only illustrative cannot be upheld 12 having answered the .....

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Jul 23 2012 (HC)

Rajiv Tandon and Others Vs. Dena Bank and Another

Court: Kolkata

Decided on: Jul-23-2012

..... against the claim of the bank unless such process was exhausted there could not be any quantified monetary claim the bank ..... of alternative submission mr mitra contended that a mortgage creditor must exhaust its remedy available in law to realize its dues through ..... tribunal could not be enforced through a winding up process without exhausting the remedy available to them under order 34 mr mitra .....

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