Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Sorted by: old Court: uttaranchal Page 1 of about 27 results (1.073 seconds)

Rajendra Prasad Nautiyal and Etc. Vs. Krishna Kumar Bangwal and ors.

Court : Uttaranchal

Reported in : AIR2007Utr1

..... mathew, j. observed in indira gandhi air 1975 sc 2299 (p. 513, see p. 128, para 303) (at p. 2378 of air):if the amending body really exercised judicial power, that power was exercised in violation of the principles of natural justice of audi alteram partem. even if a power is given to a ..... done. they have a duty to proceed in a way, which is free from even the appearance of arbitrariness, unreasonableness or unfairness. they have to act in a manner which is patently impartial and meets the requirements of natural justice.'12. in the case smt. maneka gandhi v. union of india manu/sc/0133/1978 : [1978 ..... that real and substantial justice for the administration of which alone it exists or to prevent abuse of the process of the court. the principle embodied in the section is based upon the maxim : quando lex aliquid alicui concedit, concedere videtur et id sine quo res ipsae esse non potest i.e. when the law ..... the case of menaka gandhi (supra) has been followed in the case of west bengal electricity regulatory commission v. c.e.s.c. ltd. manu/sc/0859/2002 : air2002sc3588 , relying upon the case of mrs. maneka gandhi v. union of india manu/sc/0133/1978 : [1978]2scr621 as under para 100a of air: ..... ]2scr621 , the apex court has observed as under (paras 32 & 33):it is well established that even where there is no specific provision in a .....

Smt. Pooja Rajput Vs. State of Uttarakhand and ors.

Court : Uttaranchal

Reported in : AIR2010Utr24

..... doubt, the panchayats are elevated to the constitutional status by part ix of the constitution introduced by constitution (73rd amendment) act. there is no ambiguity either under article 243-o(b) of the constitution of india or under section 12-c of 'panchayat raj act' whereby the jurisdiction of court or any authority to call in question the declaration of result of an elected ..... (iii-a) of clause (g) of sub-section (1) of section 95 of 'panchayat raj act', article 243-0 of the constitution of india and enacted section 12-c of 'panchayat raj act' are being quoted hereunder:sub-clause (iii-a) of clause (g) of sub-section (1) of section 95 of u.p. panchayat raj act (as inserted by amending act no. xxi of 1998).95 (1) the state ..... arguments shri arvind vashishtha cited the judgments reported in manu/sc/8718/2006 : air 2007 sc 903, state of himachal pradesh v. surinder singh banolta manu/up/0359/2002 : 2002 (3) awc 1761 : air 2002 all 257 hoti lal v. state of u.p.6. on the other hand shri s. k. mandal, learned counsel for, respondent no. 5 argued that at the ..... section 12-c of 'panchayat raj act' by way of revision.9. in our considered view the provisions of the constitution are supreme under which every enactment is to be passed. article 243-o(b) of the constitution of india is a mandatory and totally binding provision and any provision made by state legislature in contravention of the aforesaid provisions is patently illegal .....

Upendra Singh Maniyari Vs. Jagmohan Singh and ors.

Court : Uttaranchal

..... before the high court immediately before the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall be heard and disposed of as if that subsection had not been enacted.the aforesaid amendment necessitated a further amendment of rule 5, contained in section c, of chapter viii, of the 'rules of the court, 1952.' accordingly, rule 5 came ..... 226(1) of the constitution, under which the high court was asked to exercise its power, which it refused to exercise, is in these words:notwithstanding anything in article 32, every high court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases any government, ..... 09.2009, lodged by upendra singh maniyari (the appellant herein) at police station basant vihar in district dehradun, was nothing but an order passed in exercise of 'criminal jurisdiction'.32. based on the judgments rendered by the apex court in umaji keshao meshram's case (supra), ratnagiri district central co-operative bank ltd's case (supra) and ramesh ..... court to article 226 of the constitution of india, which is being extracted here under:226. power of high courts to issue certain writs.- (1) notwithstanding anything in article 32, every high court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, .....

Govind Ram Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2003CriLJ4189

..... his guilt. perusal of the statement under section 313 of the code of the appellant reveal that all the circumstances as have emanated in the case were put to him which gave him opportunity to ..... : (1972 cri lj 322) to bring home his point of view that the circumstances relied upon against the appellant were not put in the statement under section 313 of code of criminal procedure (hereinafter for short 'code') and therefore these circumstances could not have been used against the appellant to form any opinion abut ..... culprit of the crime. the apex court in a criminal appeal, bodh raj alias bodha v. state of jammu and kashmir, 2001 air scw 3655 : (2002 cri lj 4664) came to consider the case of murder based on circumstantial evidence and on the incriminating circumstance of last seen theory, laid stress that it ..... of the i.p.c. is concerned. we modify the sentence passed against the appellant as under setting aside the death sentence.32. appellant govind ram shall undergo life imprisonment under section 302 of the i.p.c. he is already in jail. he shall serve out the sentence as awarded to him.33. ..... attitude had forced the occupants including these witnesses to leave the room out of fear. both these witnesses tried to show that the appellant had started acting in such a manner as he had seized by evil spirit as a result of the jagar ritual being held in their house, but it is .....

Bharat Bhusan Vs. G.B. Pant University of Agriculture and Technology a ...

Court : Uttaranchal

Reported in : AIR2005Utr12

..... been given to the students for further admission, which may be called re-admission.13. both the parties have also brought to my notice the amended instructions dated 9-11-1998. it reads asunder:'if any undergraduate student fails to attain cgpa of 6.00 at the end of academic! year ..... the benefit of the citizens. the educational institution must function to the best advantage of the citizens. opportunity to acquire education cannot be confined to the richer section of the society.21. the aforesaid view has been followed in the case of unni krishnan v. state of andhra pradesh, (1993)' 1 scc 645 ..... midst of the academic year. he has filed the copy of mark sheet owing the poor academic performance on the basis of first semester of 2001-2002.10. the university authorities have framed regulations. chapter iii of the regulations is for admission, enrolment and continuance of students. regulation 44(a) reads ..... :'the requirement of natural justice must depend on the circumstances of the case, the nature of the enquiry, the rules under which the tribunal is acting, the subject matter that is being dealt with and so forth.'24. the university authorities are. therefore, required to adopt an atmosphere of reformative rather ..... adopts this idea the students will gel moral support in their future career as rightly pointed out by the apex court to the following effect (para 67 of air):'behave with others as you would with yourself. look upon all the living beings as your friends, for in all of them there .....

Unique Engineering Works Vs. Union of India (Uoi) and ors.

Court : Uttaranchal

Reported in : II(2004)BC241

..... banks and financial institutions for recovery of debts due to such banks and financial institutions. he contended that without amending section 17 and section 18 of the drt act, 1993, it was not open to the parliament to make the impugned npa act, 2002 retrospective. it may be clarified that in the first instance, it is argued on behalf of the petitioner that ..... property, created in favour of a secured creditor including mortgage, charge, hypothecation, assignment other than those specified in section 31 of the impugned npa act, 2002, section 31 of the impugned npa act, 2002, therefore, excludes a lien on goods, a pledge of movables under section 172 of the contract; a conditional sale, hire-purchase, lease, security interest created in agricultural hands and properties ..... in the circumstances, we uphold the validity of section 13(2) and section 13(4) of the impugned npa act, 2002. lastly, a right of appeal is given under the impugned npa act, 2002 is the borrower who is aggrieved by the steps taken by the banks/financial institutions under section 13(4) of the impugned npa act, 2002. section 17(2) specifically empowers the tribunal to waive ..... are not binding on reserve bank of india. they will not provide any cause of action for the borrower to litigate.32. accordingly, we uphold the validity of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. accordingly, all the above writ petition nos. w.p. no. 1002 (m/b) of 2003, w.p. no. .....

Chief Engineer Central Zone Telecommunication Civil and ors. Vs. Dayal ...

Court : Uttaranchal

Reported in : AIR2005Utr34; 2005(2)ARBLR520(Uttaranchal)

..... -1998. however, in view of notification no. 211/iv-g-27 dated 6-5-. 1995, under the provisions of sub-section (1) (a) and (1) (b) of section 21 of bengal, agra and assam civil courts act, 1887, as amended by vide civil laws amendment act, 1991, since the valuation of the appeal was below rs. 5 lac, the appeal was transferred to the district judge ..... aside the mandatory injunction given by the trial court or not except as to the constitution of committee. aggrieved by said judgment and decree, the above mentioned second appeal no. 67 of 2002 was filed by the chief engineer central zone telecommunication and others (defendants), and cross appeal no. 2 of 2003 on behalf of m/s. dayal construction was preferred. meanwhile ..... , it appears that the execution proceedings of case no. 67 of 2002 started for execution of the decree in which the defendant-judgment debtors filed their objection paper no. 14c before the execution court stating therein that amount of escalation does not ..... by the executing court is also against the law.12. in view of the above discussions civil revision no. 79 of 2002 and second appeal no. 67 of 2002 filed by defendants deserve to be allowed. as far as cross appeal no. 2 of 2003 is concerned the same is liable to be dismissed for reasons discussed above. accordingly .....

Ramesh Chandra (Sri) and anr. Vs. Ist Additional District Judge and or ...

Court : Uttaranchal

Reported in : 2005(1)ARC812

..... legislation are the guides leading to acceptance of the meaning which we have chosen to assign to the words 'for his own use' in section 13 (3) (a) (ii) of the act.32. (v) in the present case, the requirement of landlord of the suit premises for user as office of his chartered accountant son is ..... certiorari. if it is reasonably possible to form two opinions on the same material, the finding arrived at one way or the other, cannot be called a patent error. as to the exercise of supervisory jurisdiction of the high court under article 227 of the constitution also, it has been held in surya devi rai ..... within the boundary of their authority and not for correcting mere errors.'54. in the case of bhola nath verma v. vth adj, kanpur nagar reported in 2002 (1) arc page 78, the bench of allahabad has held as under:-'the another decisions relied upon by learned counsel for the respondent-landlord are reported in ..... inconvenience which may likely be caused to the tenants.'31. in the case of ragavendra kumar v. firm prem machinery & co., (2000) 1 supreme court cases 67 : 2000 scfbrc 24, it has been held:--'it is settled position of law that the landlord is best judge of his requirement for residential or business purpose ..... to cantonment areas. if, in the light of this fact, we read section 3 (4) of act xlvi of 1957 it will be seen that the order of sri srivastava has to be upheld. the provisions of act 13 of 1972 as amended by act 28 of 1976 have been extended to the cantonments in the state of .....

Smt. Shamim and ors. Vs. New India Assurance Co. Ltd. and anr.

Court : Uttaranchal

Reported in : 2007ACJ758; 2005(2)AWC1486(UHC)

..... situation has now undergone a change with the enactment of the motor vehicles act, 1988, as amended by the amendment act 54 of 1994. the most important change introduced by the amendment insofar as it relates to determination of compensation is the insertion of sections 163a and 163b in chapter xi entitled 'insurance of motor vehicles against third ..... party risks. section 163a begins with a non-obstante clause and provides for payment ..... by the opposite parties. this medical slip clearly goes to show that injured niyaj ahamad was admitted to the p.h.c. khatima on 1.5.2002 due to accidental injuries and police was also informed by the medical officer in this, respect. further there is oral evidence to prove the fact ..... thus the petitioner-claimant had fully proved that the deceased niyaj ahamad died due to the injuries sustained in a motor vehicle accident on 1.5.2002 at 8.30 a.m. at jhankiya bus stop due to rash and negligent driving by the driver of the bus.12. the claims tribunal ..... , rs. 2,500 for the loss of estate and rs. 2,500 for loss of consortium. thus the petitioners are entitled to get rs. 5,67,600 as compensation, which we round up to rs. 5,68,000 with pendente lite and future interest at the rate of 6% per annum. the .....

Union of India (Uoi) Vs. District Judge and ors.

Court : Uttaranchal

Reported in : 2006(1)AWC726(UHC)

..... lease' by the central or state governments or local authority or public sector undertakings. the said definition still remains the same but clause (a) of sub-section (i) of section 2 has been amended by the u. p. act no. 17 of 1985, whereby word 'public building' has been substituted in said clause (a) and in its place expression 'any building of which the ..... . 13 of 1972, in the year 1992, when the suit was filed by the respondent no. 3 for ejectment of defendant/petitioner after serving notice issued under section 106 of the transfer of properties act, 1882, and determining the lease. in other words, the lease could not have been determined in the manner done nor the simple suit for ejectment was maintainable ..... means for this petition, moved under article 227 read with 226 of the constitution of india, the petitioner (tenant) has sought direction quashing the judgment and order dated 23.11.2002 passed by respondent no. 1 and judgment and order dated 27.5.1999 passed by the respondent no. 2.2. brief facts of the case, as narrated in the petition ..... code of civil procedure, 1908 read with section 106 of the transfer of property act, 1882, which was suitably replied. the petitioner has alleged that provisions of u. p. urban buildings (regulation of letting, rent and eviction) act, 1972, are applicable to the premises in question but the respondent no. 3 instituted civil suit no. 32 of 1992 against the petitioner for ejectment and .....