Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Year: 1991 Page 40 of about 422 results (0.292 seconds)

Union of India (Uoi) Vs. Jagdish Oil Mills

Court : Mumbai

Reported in : 1993ACJ719

..... of the goods but for a period of 30 days after the termination of transit also. it may be seen that before amendment the period after the termination of transit contemplated by section 77 of the railways act was 30 days and not seven days.39. there cannot be any dispute about the proposition laid down in the said case ..... the period of seven days after termination of transit during which period the responsibility of the defendant railways continued as a bailee under section 77 (1) of the railways act but there was deterioration thereafter when the groundnut seeds lay in the railway shed since the plaintiff did not take their delivery either immediately on their arrival or at ..... that in view of the provisions in section 77 (1) of the railways act, the burden is upon the railways to show how they have dealt with the goods during the transit and 30 days (7 days after amendment) after the termination of the transit because sections 73 and 77 (1) cast an obligation upon them .....

Chambers Vs. Nasco, Inc.

Court : US Supreme Court

..... purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation." [ footnote 11 ] indeed, rule 11 was amended in 1983 precisely because the subjective bad-faith standard was difficult to establish, and courts were therefore reluctant to invoke it as a means of imposing sanctions. ..... hearing, the district judge warned that gray's and chambers' conduct had been unethical. page 501 u. s. 38 despite this early warning, chambers, often acting through his attorneys, continued to abuse the judicial process. in november, 1983, in defiance of the preliminary injunction, he refused to allow nasco to inspect ctr' ..... applies only to attorneys who unreasonably and vexatiously multiply proceedings, and therefore would not reach chambers, and because the statute was not broad enough to reach "acts which degrade the judicial system." the court therefore relied on its inherent power in imposing sanctions. in affirming, the court of appeals, inter alia, rejected .....

Board of Governors, Frs Vs. Mcorp Financial, Inc.

Court : US Supreme Court

..... a violation of the board's "source of strength" regulation 1 and the other alleging a violation of 23a of the federal reserve act, as added, 48 stat. 183, and amended.2 the district court enjoined both proceedings, and the board appealed. the court of appeals held that the district court had no jurisdiction ..... source of strength proceeding should be enjoined. the court reasoned that the plain language of the judicial review provisions of the financial institutions supervisory act of 1966 37 (fisa), 80 stat. 1046, as amended, 12 u. s. c. 1818 et seq. (1988 ed. and supp. ii), particularly 1818(i)(1), deprived the district court ..... a unit including both professional and nonprofessional employees was appropriate for collective-bargaining purposes-a determination in direct conflict with a provision of the national labor relations act. 14 the act, however, did not expressly authorize any judicial review of such a determination. relying on switchmen v. national mediation bd., 320 u. s. 297 (1943 .....

Mohan Breweries and Distilleries Ltd. and anr. Vs. State of Tamil Nadu ...

Court : Chennai

Reported in : (1991)2MLJ380

..... consumer. the said rules provide that no sale shall be made otherwise than in accordance with the above prices. according to the petitioner, that though the amended rules provide for a fixation of a minimum and maximum price at which the manufacturers could sell their products, no such prices were fixed by the 2nd respondent ..... the present case, the impugned proceedings are wholly illegal and violative of articles 14 and 19 of the constitution besides being violative of the provisions of the prohibition act.6. mr. k. parasaran, the learned senior counsel appearing for the petitioner company, contends that rule 27-a of the brewery rules, 1983 is ultra vires ..... price.8. replying to the arguments of the learned advocate general mr. k. parasaran, the learned senior counsel appearing for the petitioner contends that the respondents have acted in an arbitrary and vindictive manner in arriving at the fair price. the learned senior counsel has produced form - b4 issued to the petitioner-company on 27 .....

Rust Vs. Sullivan

Court : US Supreme Court

..... u. s. 198 . "the regulations," the majority explains, "do not in any way restrict the activities of those persons acting as private individuals." ibid. under the majority's reasoning, the first amendment could be read to tolerate any governmental restriction upon an employee's speech so long as that restriction is limited to the ..... 1 ] we affirm. i a in 1970, congress enacted title x of the public health service act (act), 84 stat. 1506, as amended, 42 u.s.c. 300-300a6, which provides federal funding for family planning services. the act authorizes the secretary to "make grants to and enter into contracts with public or nonprofit private entities to ..... when it invalidates a law on constitutional grounds. in recognition of our place in the constitutional scheme, we must act with "great gravity and delicacy" when telling a coordinate branch that its actions are absolutely prohibited absent constitutional amendment. adkins v. children's hospital of district of columbia, 261 u. s. 525 , 261 u. s .....

Smt. Godavari Devi Sehgal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)40ITD71(Delhi)

..... . but there is no law which bars an assessee to share his commission agency with others. in fact, when managing agency of companies was prevalent before the amendment of the companies act, such sharing of the managing agency commission among unrelated persons was extremely common., what has to be seen is whether, by the introduction of the brother of ..... he did not have any income from any other source.so, this document totally militates against the contention advanced before us on behalf of the assessee that while dr. wahi acted as the chief consultant, his brother, dr. r.n. wahi, worked as consultant. dr.r.n. wahi did consultancy work and 50 per cent, of the receipts ..... the assessee as an employee. here, it may be stated that, according to the submissions made before us on behalf of the assessee, dr. b.n. wahi never acted as an employee of the assessee but, ever since his association with the business run by the assessee, he has been paid commission on gross sales of homoepathic medicines. .....

Masson Vs. New Yorker Magazine, Inc.

Court : US Supreme Court

..... the "intellectual gigolo" passage is defamatory is a question of california law, and to the extent that the court of appeals based its conclusion on the first amendment, it was mistaken. moreover, an "incremental harm" doctrine -- which measures the incremental reputational harm inflicted by the challenged statements beyond the harm imposed by the ..... . c the constitutional question we must consider here is whether, in the framework of a summary judgment motion, the evidence suffices to show that respondents acted with the requisite knowledge of falsity or reckless disregard as to truth or falsity. this inquiry, in turn, requires us to consider the concept of falsity ..... , for we cannot discuss the standards for knowledge or reckless disregard without some understanding of the acts required for liability. we must consider whether the requisite falsity inheres in the attribution of words to the petitioner which he did not speak. page 501 .....

Surgichem Proprietors Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1991)(54)ELT424TriDel

..... while deciding classification had also referred to notification 55/75 which relates to exemption granted to drugs, medicines and pharmaceuticals as per entry no. 21 of the amended notification no. 55/75.7. it was their contention that for the period prior to 1-2-1975 the product was non-excisable whereas subsequent to this date ..... the learned counsel had accepted the authority of the tribunal to determine the classification and further accepted the fact that the item was being marketed as a patent and proprietary product and also retrained his request with reference to time bar accordingly.66. in other words, the order of the tribunal was not based on ..... relevant portion of section 35(1) reproduced below: "section 35. appeals to collector (appeals) : (1) any person aggrieved by any decision or order passed under this act by a central excise officer, lower in rank than a collector of central excise, may appeal to the collector of central excise (appeals) [hereafter in this chapter referred .....

Chemosyn Pvt. Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the business of the assessee because, without dispelling the fear, the workers would not have come to work. moreover, the expenditure was on employees and the retrospective amendment to section 37(2a) does not apply to such an expenditure. in any case, the commissioner of income-tax (appeals) has sustained the disallowance suitably, i.e ..... of income-tax (appeals) erred in upholding the inclusion of the following expenses for the purpose of calculating the disallowance under section 37(3a) of the income-tax act, 1961. 3. without prejudice to ground no. 2 above and in the alternative, the learned commissioner of income-tax (appeals) erred in not accepting your ..... court has observed (at page 592): "actually, the question of authoritative or persuasive decision does not arise in the present case because a tribunal constituted under the act has no jurisdiction to go into the question of constitutionality of the provisions of that statute." " what the tribunal really did was that in view of the .....

W. VA. Univ. Hosps. Vs. Casey

Court : US Supreme Court

..... which provide that a prevailing party may recover "the costs of suit and reasonable fees for attorneys and expert witnesses. " (emphasis added.) also in 1976, congress amended the consumer product safety act, 15 u.s.c. 2060(c), 2072(a), 2073, which as originally enacted in 1972 shifted to the losing party "cost[s] of suit, including a ..... expert fees. specialty equipment & machinery co. v. zell motor car co., 193 f.2d 515, 521 (ca4 1952) ("congress, having dealt with the subject of costs in patent cases and having authorized the taxation of reasonable attorney's fees without making any provision with respect to . . . fees of expert witnesses, must presumably have intended that they ..... co., 11 f.r.d. 259, 267 (wd mo.1951) (expert witness fees). no court had held otherwise. also instructive is pre-1976 practice under the federal patent laws, which provided, 35 u.s.c. 285, that "[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party." again, every court to .....