Court : Delhi
..... department of financial services to explore on the basis of actuarial studies, whether insurance sector should cover cost of treatment of rare diseases and amend the insurance act accordingly. it is necessary to bring in health insurance reforms through irda (insurance regulatory and development authority of india) and government intervention. w ..... , patients and their families and general public on rare diseases. g) drug controller general of india (dcgi) to consider feasibility of amending drugs and cosmetics act or otherwise taking measures under it, to include appropriate provisions on orphan drugs including provisions to facilitate clinical trials and import of erts. ..... which the legislature had in placing this legislation on the statute book. the act, therefore, must receive a liberal construction so as to promote its objects. (emphasis supplied) 60. the same principle has been reiterated in m/s cochin shipping co. vs. esi corporation, (1992) 4 scc245 transport corporation of india .....
Tag this Judgment!Court : Delhi
..... to (i) fundamental policy of indian law; (ii) interest of india; (iii) justice or morality. mr. dewan submitted that this position continues to obtain even after the 1996 act which was amended in 2015 via the arbitration and conciliation (amendment) act, 2015. my attention was also drawn to explanation (1) and (2) of section 48(2)(b) of the 1996 ..... this behalf was placed on the following judgements: i. maharshi dayanand university v. anand coop. l/c society ltd., (2007) 5 scc295 ii. shakti bhog foods limited v. kola shipping limited, (2012) scc online del 4300. ex.p. no.99/2015 pg. 14 of 28 iii. roshan lal gupta v. shri parasram holding pvt. ltd., 2009 (scc) online ..... the specified fe content. the base price at which glencore had entered into a sub-sale agreement with hebei was usd129dmt. apparently, on the date when the cargo was shipped by ipl to glencore, which was on 31.3.2010, the chemical composition analysis carried out showed that the fe content of cargo was 60.40 percent. however, .....
Tag this Judgment!Court : Delhi
..... omp1722014 page 16 of 29 17. the letter dated 7th october, 2002 conveyed the suppliers acceptance to the acceptance letter dated 28th august, 2002 as amended vide letter dated 5th october, 2002. the letter is significant and is set out herein below: psysteme process-automaton steinwender gmbh psysteme georg haliasier 81369 munchen ..... to waive the requirement of cme insurance, and no fault can be found in the same. the contract had three components, namely foreign manufacture and shipping, domestic acceptance and transportation to the warehouse as also installation and successful completion. the third was in respect of services for installation and commissioning of the ..... thus, omp1722014 page 26 of 29 contrary to a reading of the clause itself. the... respondents cannot take advantage of their own their own conduct, acts, omissions and wrong, commissions. the... respondents are barred by the principle of estoppel to raise a claim after unilaterally waiving the condition of providing cme .....
Tag this Judgment!Court : Delhi
..... on the said website. the answering defendant, thus, qualifies as an intermediary within the meaning of section 2(1)(w) of the information technology act, 2000 (the act). in fact, it is an admitted position that the answering defendant is an intermediary . being an intermediary, the answering defendant is exempted from ..... any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner. explanation for ..... usc (1996), and the securing the protection of our enduring and established constitutional heritage (speech) act, 28 usc (2010), protect internet providers such as google and block enforcement orders that would infringe on the first amendment right to free speech. [34]. while united states courts will generally recognize and enforce foreign judgments .....
Tag this Judgment!Court : Delhi
..... in evidence in any court or tribunal without express directions of the court or tribunal. he stated, however, that this provision stood deleted by the trade marks amendment act, 2010. he submitted that the effect of such deletion is that a non-recordal of assignment by the assignee makes the assignment ineffective only against third parties and ..... registrar or the appellate board or the court, as the case may be, otherwise directs. has w.e.f. 8th july, 2013 been substituted by the trade marks (amendment) act (40) of 2010 as under: 45. registration of assignments and transmissions (1) where a person becomes entitled by assignment or transmission to a registered trade mark, he ..... cannot be decided summarily and without oral evidence. in support of his submission, he relied upon a judgment of the supreme court in state bank of saurashtra vs. ashit shipping services (p) ltd. & anr., (2002) 4 scc736 wherein it has been held as under:-" 13. further, this is a document given by the 2nd respondent to .....
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