Court : Competition Commission of India CCI
Decided on : Mar-11-2014
..... dealers of drugs, medicines and of allied products and of manufacturer of medicines, drugs, pharmaceuticals etc. and possessing a drug license under the drug and cosmetics (amendment) act and of the accredited agents and representatives of such licenses of other states having their office in this state (i.e. west bengal) can become an ordinary ..... terms of the various mous signed between all india organization of chemists and druggists (aiocd) and the organization of pharmaceuticals producers of india (oppi) and the indian drugs manufacturers association (idma). the above fixed margins are possible only if drugs are sold at their respective mrps and the sellers do not indulge in undercut ..... drugs and controlling the supply of drugs in a concerted manner in violation of section 3(3)(a) and 3(3)(b) of the competition act, 2002 (the act). 3. based on the information received from shri singh and other relevant information available in the public domain, the commission decided to undertake a suo .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-10-2014
..... of protecting and improving environment and safeguarding forests and wildlife and article 48a was inserted in part iv of the constitution by the constitution (forty-second amendment) act, 1976 whereby a duty was imposed on the state to endeavour to protect and improve the environment and safeguard forests and wildlife of the country . by the same ..... (emphasis added) in another decision in the case of fomentoresorts and hotels ltd. v. minguel martins (2009)3 scc 571), the apex court held thus: 59. the indian society has, since time immemorial, been conscious of the necessity of protecting environment and ecology. the main motto of social life has been to live in harmony with nature . ..... amendment article 51a was inserted in the form of part iva which enumerates fundamental duties of every citizen. article 51a(g) declares that it shall be the duty .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-30-2014
..... regulations, unless specifically restricted and/or prohibited. these regulations/circulars, just cannot be used and utilized retrospectively and specifically when the parties have already acted upon the provisions prior to the amended policy and/or regulations. there is no such intimation and/or provision made to apply the same retrospectively except the option so provided. the ..... not clarificatory in nature, but decide and change substantial accrued rights of the parties. therefore, to say that it applies retrospectively, is unacceptable. the new dcr amendments/circulars and in view of specific dcr provisions, and as there is no specific clause to make it retrospective, we are inclined to observe that subject to ..... time. in compliance with regulation 58, 34576 sq. mtrs. land was surrendered to mcgm. ntc handed over advance possession of the entire land of the indian united mill nos. 2 and 3 to mcgm towards part share of rg as per the approved ids on 7 january 2009. against the surrender of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
Decided on : May-06-2014
..... “ region 1 advised the municipality by letter that the competent authority for the administration of lupo had resolved to refuse both the applications for rezoning and the amendment to the relevant condition of approval. the last paragraph of the letter reads: your municipality should instruct the applicant to apply for a contravention levy (as ..... the appellant who deposed to the opposing affidavit, stated that mr mupariwa, director: planning services, the relevant official of the municipality, did not regard the proposed amendment to the sdp as sufficiently material to warrant notice thereof being advertised or served on other land owners in the area. however, on 24 january 2010, after ..... requires that building plans comply with the requirements of the act and any other applicable law. there is no evidence that the provisions of ss 17[3]and 39[4]of lupo were considered before the decision to approve was taken. once the decision to amend the sdp was rescinded, the approval of the plans .....
Tag this Judgment!Court : National Consumer Disputes Redressal Commission NCDRC
Decided on : May-07-2014
..... is relatable to his business activity and, therefore, it will fall in the category of commercial purpose, which has been taken out of the purview of the consumer protection act, 1986, vide amendment act no.62 of 2002, effective from 15th of march, 2003. 17. against the said order of this commission, special leave petition (civil appeal no. 6229 of 2012, ..... a view to obviate any confusion “ the expression œlarge scale? is not a very precise expression “ parliament stepped in and added the explanation to section 2(d)(i) by ordinance/ amendment act, 1993. 12. this commission in the case of jag mohan chhabra and anr. vs. dlf universal ltd. iv (2007) cpj 199 (nc), held, as under :- œin a somewhat ..... not applicable to this case. in that case, the cause of action had arisen on 01.02.1991 as is apparent from para 2 of the judgment. 6. the amendment act 1993 and 2002/03 were not brought into force till then. we are to decide this case in accordance with the law which prevails here as under. the word .....
Tag this Judgment!Court : Australia High Court
Decided on : Apr-02-2014
..... 336; [2014] hca 2. [107] section 19 (renumbered s 24) of the criminal procedure act 1986 (nsw), introduced by the criminal procedure (amendment) act 1988 (nsw). [108] section 100ha of the justices act 1902 (nsw), introduced by the justices (amendment) act 1986 (nsw). [109] new south wales, legislative assembly, parliamentary debates (hansard), 1 may 1986 ..... at 3591. [47] new south wales, legislative council, parliamentary debates (hansard), 18 november 1986 at 6514. [48] criminal procedure (amendment) act 1988 (nsw), s 3. [49] statute law (miscellaneous provisions) act 1989 (nsw), sched 2. [50] unlike s 43, s 24(1) provided expressly that the court "whether or not differently constituted ..... be dismissed. 38. gageler j. the crimes (sentencing procedure) act 1999 (nsw) ("the act") confers a discretion on a court to reopen criminal proceedings to "impose a penalty that is in accordance with the law" and, "if necessary", to "amend any relevant conviction or order"[99]. the criminal proceedings in .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Apr-11-2014
..... the different theoretical underpinnings of credit and enhanced credit. [50] further, this structure builds resilience into the statutory scheme. for example, if parliament were to amend the corrections and conditional release act, so that pre-sentence custody counted for the purposes of parole eligibility and early release,[4] s. 719(3.1) would only be called upon ..... the well-established rule that enhanced credit compensates for the loss of eligibility for early release, it would have done so expressly. ii. statutory provisions [8] this appeal concerns amendments to s. 719(3) of the criminal code, resulting from the tisa. sections 719(3) and (3.1) now read (changes underlined): (3) in determining the ..... . when conditions were exceptionally harsh, judges granted credit at a rate of 3 to 1 or more. [4] the truth in sentencing act, s.c. 2009, c. 29 (tisa), passed in 2009, amended the criminal code to cap pre-sentence credit at a maximum of 1.5 days for every day in custody. the purpose was to .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Mar-20-2014
..... 11(h) of the charter that would otherwise apply. if that were the case, parliament could enact punitive laws resulting in double punishment simply by choosing to amend the ccra rather than the criminal code. [74] i would note that the constitutionality of other aspects of the abolition of apr was not seriously argued. ..... been clear that criminal or quasi-criminal proceedings trigger the protection against double jeopardy. thus, a second criminal or quasi-criminal charge with respect to the same act engages s. 11(h) even if the consequence is slight. [44] wigglesworth made it clear that the protection against double jeopardy may be triggered not ..... is one of the utmost complexity and subtlety and is certainly in need of clarification. the law provides protection against harassment of multiple trials for the same act but also protection against multiple punishment. the concern to do something about double punishment stems from a distinct consideration based far more squarely on the fairness of .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-14-2014
..... matter, section 53-a is required to be interpreted in the light of the recommendation of special committee's report and aims, objects contained in amending act 1929 of the act and specially when section 53-a itself does not put any restriction to plea taken in defence by a transferee to protect his possession under section ..... govt. of india as the same is well reflected in the aims and objects of amending act 1929 whereby section 53-a was inserted in the act. 15. the special committee's report which is reflected in the aims and objects of amending act 1929 shows that one of the purposes of enacting section 53-a was to provide protection ..... 2004 sc 4342 between rambhau namdeo gajre vs. narayan bapuji dhotra , wherein the honourable supreme court held that; "10. protection provided under section 53-a of the act to the proposed transferee is a shield only against the transferor. it disentitles the transferor from disturbing the possession of the proposed transferee who is put in possession in .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Aug-20-2014
..... 226 and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under article ..... arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction of ..... when oral evidence cannot help the court when it is in the form of words against words by rival parties. considering the implication of section 83 of the indian evidence act, presumption can be drawn in respect of map or plan drawn by competent public official in such cases so as to resolve the controversy between the parties. it .....
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