Court : Karnataka
Decided on : Nov-06-2014
..... air1956sc676 the portions of the said decision read out by him are as follows: (23). .. when entry 33 of list 3 was amended by the constitution third amendment act, 1954, foodstuffs including edible oilseeds and oils were included therein and both parliament and the state legislatures acquired concurrent jurisdiction to legislate over ..... of karnataka and others . air1993patna 43 delhi cloth and general mills co. ltd. and others v. the agricultural produce market committee and others. ilr2009kar2216 south indian sugar mills association (karnataka) and another v. the union of india, ministry of consumer affairs and others . ilr2012kar4631 the state of karnataka, by its secretary ..... to government, department of commerce and industries and another v. south indian sugar mills association (karnataka), by its secretary and others.34. he submits that it has been the stand of the state government that it does .....
Tag this Judgment!Court : Meghalaya State Consumer Disputes Redressal Commission SCDRC Shillong
Decided on : Feb-25-2014
..... -b applicable on them?no. private and public service providers are not telegraph authority. further, only central govt. can appoint arbitrator under section 7b of indian telegraph act.(b)can private and public service providers as telecom authority appoint arbitrators for arbitration of disputes? yours faithfully,sd/-(misha bajpai)assistant director general (php)tel. ..... for providing specified public telecommunication services; 2 (ea)licensor means the central government or the telegraph authority who grants a licence under section 4 of the indian telegraph act, 1885 (13 of 1885); 2 (j) service provider means the government as a service provider and includes a licensee; if bsnl were to claim to ..... a telegraph authority. in view of the definitions of telegraph line and telegraph authority as contained in sections 3(4) and 3(6) of the indian telegraph act, 1885, which we have quoted above, it can therefore be said that the dispute was in respect of a telegraph line besides also being between a .....
Tag this Judgment!Court : Kerala
Decided on : Feb-10-2014
..... the copy of wa nos.1444/13 & 121/14 21 the report would generate yearning for hearing before deciding on proof of charge or penalty which forty-second amendment act had advisedly avoided. so while interpreting article 311(2) or relevant rule the court/tribunal should make no attempt to bring on the rail by back track the ..... was portended by the gujarat high court. the attempt must be nailed squarely. prior to the forty-second amendment act the delinquent had no right of hearing before disciplinary authority either on proof of charge or penalty. so after forty-second amendment act it would not be put on higher pedestal. the gujarat high court's decision is, therefore, not ..... intra-court appeal before a division bench.13. it is true that against a proceedings initiated under article 227 of the constitution, section 5 of the high court act does not provide an intra-court appeal to the division bench. however, the objection raised by the learned counsel for the delinquent, can be upheld only if .....
Tag this Judgment!Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : Mar-13-2014
..... taken up by the honble state commission, chennai for admission on 19.3.2003, the state commission, chennai observed that after the amendment to the consumer protection act, 1986 in the year 2002 (amendment act 62 of 2002) which has come into force on 15th day of march 2003, the commission has no jurisdiction to entertain the ..... procedure (lcp)-it must be presumed that incidence of cbd injury is a well known risk when patient undergoes lcp “ same cannot be correlated as the act of negligence or carelessness on part of operating surgeon-merely because the laparoscopic cholecystectomy had to be converted to open cholecystectomy procedure, it cannot be said that ..... the distinction of contract of service and contract for service, in both the contingencies the courts have taken the view that the hospital is responsible for the acts of their permanent staff as well as staff whose services are temporarily requisitioned for the treatment of the patients. therefore, the distinction which is sought to .....
Tag this Judgment!Court : Kerala
Decided on : Feb-28-2014
..... the matter of payment of gratuity to the employees, it is governed by the payment of gratuity act. as per sub-section (3) of section 4 of the payment of gratuity act, as it stood prior to the w.a.no.1757/09 -7- amendment by act 15 of 2010, the amount of gratuity payable to an employee shall not exceed three lakhs ..... payable to an employee of the appellant-bank to `3.5 lakhs, which was the maximum limit under sub-section (3) of section 4 of the payment of gratuity act during the relevant time and the lic had collected contribution from the bank only for covering the said statutory limit. moreover, in annexure i statement of account the gratuity lying ..... limited the gratuity liability to each of the employees at the maximum amount of `3.5 lakhs provided under sub-section (3) of section 4 of the payment of gratuity act, the employees cannot claim gratuity in excess of statutory limit. paragraph 6 of the judgment of this court in nedupuzha service co-operative bank's case (supra) reads thus:- .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Apr-25-2014
..... between them (emphasis supplied): provided further that in case a broadcaster had entered, before the commencement of the telecommunication (broadcasting and cable services) interconnection (sixth amendment) regulation, 2010 (4 of 2010), into an agreement with any direct to home operator and publishes, subsequently, its reference interconnect offer (including its modifications) ..... called œpay per view?. in the icp pack being offered by the petitioner, the whole channel is offered albeit for a short duration when the indian cricket team is participating in a cricket match and is certainly different from œpay per view? arrangement. clause 3(c) of the telecommunication (broadcasting ..... favorably with respect to competing services on a genre basis. 10. the respondent submitted that the regulations and tariff order framed under the trai act specify the manner of offering of channels and method of calculation of the charges between the broadcaster of signals, distributor of signals and the .....
Tag this Judgment!Court : Kerala
Decided on : Jul-02-2014
..... 7 scc651 the apex court held that even after the repeal of articles 19(1)(f) and 31(1) of the constitution, as per the forty-fourth constitutional amendment act, 1978, with effect from 20.6.1979, though the right to property is no longer a fundamental right in part iii of the constitution, but it still is ..... for the board is that though there are no liabilities outstanding against the petitioner and though the allegations in the aforementioned criminal case arising under the prevention of corruption act, are unrelated to any financial loss caused to the electricity board inasmuch as the allegations are confined to demand of bribe, that w.a.2818/14 - :5 ..... course of hearing of this appeal that after the pronouncement of the impugned judgment, the writ petitioner was convicted for the aforementioned offences under the prevention of corruption act by the competent criminal court on 29.8.2009 and that criminal appeal no.1890/2009, filed against judgment of the court below, is said to be .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2014
..... by partition among members of hindu .joint family [for a period of fifteen years from the dote of commencement of section 1 of the karnataka village offices abolition (amendment) act, 1978:] provided that such occupancy of the ryotwari patta in respect of land granted to the holder of a village office in an enfranchised iiiam shall be transferable ..... alienation of granted land has held that, the alienation of the granted land between 01.02.1963 on which day the principal act came into force and 07.08.1978, the day on which the amendment act came into force, is not invalid, as there was no total prohibition for alienation and the alienation was permitted with the permission ..... payment of an amount equal to fifteen time the amount of full assessment of the land. however, by amendment act 13/78, which came into force on 07.08.1978, sub-section (3) was amended and sub-section (4) was inserted. the amended provisions of sub-section (3) and newly added sub-section (4) read as under:- "sub-sec.(3 .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Jan-20-2014
..... reported in 2008 (37) ptc 448 (del.) “ ferid allani vs. uoi and ors. œrule 129 of the patents rules, 2003 was inserted by the patents (amendment) act, 2002 dated 25th june, 2002 with effect from the 20th of may, 2003 which provides thus :- œ129. exercise of discretionary power by the controller “ before ..... patent application preferred by the appellant seeking for the patent for their invention œcomposition and method for delivery of pharmacological agents? in india under the indian patents act, 1970 under the application number 2899/delnp/2005. 2. the appellant is a fully integrated bio-technology company dedicated to delivering progressive therapeutics and ..... , the report of the examiner received by the controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this act or of the rules made thereunder, the controller, before proceeding to dispose of the application in accordance .....
Tag this Judgment!Court : Guwahati
Decided on : Jun-05-2014
..... agreement, the permanent lok adalat shall, if the dispute does not relate to any offence, decide the dispute. 10. the constitutional validity of the amendment act of 2002 inserting chapter vi-a into the act was put to challenge before the honble supreme court by the bar council of india in the case of bar council of india v. union of ..... and binding on all the parties to the dispute, and no appeal shall lie to any court against the award (vide section 22(2) of the legal services authorities act, 1987 (as amended up to 2002). 10. this copy of award shall be issued to the parties. lok adalat members who made the award:- 1. sd/-rita neihpuii 2. sd/- ..... non-adjudicatory body strives to arrive at a decision based on mutual consent or consensus. 9. chapter via comprising of sections 22a to 22e was inserted into the act by way of an amendment made in the year 2002. it deals with pre-litigation conciliation and settlement. section 22a is a definition section. clause (a) defines a permanent lok adalat .....
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