Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 43 insertion of new section 104a Court: supreme court of india Page 12 of about 206 results (0.328 seconds)

Medical Council of India Vs. The Principal Kmct Medical College

Court : Supreme Court of India

..... the enhanced intake of 150. the executive committee of the appellant further decided to invoke clause 8(3)(1)(c) of the establishment of medical college regulation (amendment) act, 2010. the appellant communicated its decision of disapproval to respondent no.2 which was accepted. respondent no.2 directed the college not to admit more than 100 ..... portrayed before its team of assessors. mci has been conferred with statutory powers to protect the cause of medical education. mci is a custodian of public interest and acts in trust for the welfare of society. access to medical care requires the 12 | p a g e presence of qualified health professionals. verification of the ..... the academic session 2018-19. the college was granted liberty to apply afresh for the next academic year in accordance with the provisions of the indian medial council act, 1956 and the regulations framed thereunder. the college challenged the said decision of 7. respondent no.2 in the high court of kerala and sought for .....

Assistant General Manager State Bank of India Vs. Radhey Shyam Pandey

Court : Supreme Court of India

..... rules. after the scheme was implemented in 2000, the nationalised banks, including the punjab national bank, amended their rules in 2002 with retrospective effect. however, the fact remains the vrs schemes were implemented by banks governed by the banking companies act, 1970, by making payment of pension though regulation 28 of regulation of 1995 provided for 20 years ..... the pension was the essence of the scheme, depriving it could not be said to be authorised, such action can only be termed as unfair and unreasonable and patently violative of articles 14, 16, and 21 of the constitution of india. 45 48. yet another aspect which cannot be lost sight is that the bank mentioned ..... term which exempts the stronger party from his ordinary common law liability should not be given effect except when it is 55 reasonable, as observed in levison v. patent steam carpet co. ltd., (1949) 2 all er581at 584 relied upon in brojo nath ganguly (supra) thus: 85. the observations of lord denning, m.r., in .....

Jaypee Kensington Boulevard Apartments Welfare Association Vs. Nbcc (i ...

Court : Supreme Court of India

..... section 5 of the competition act, 2002 (12 of 2003), the resolution applicant shall obtain the approval of the competition commission of india under that act prior to the approval of such resolution plan by the committee of creditors.]. 57 this section 31 has also undergone various changes in its amendments by act 26 of 2018 and 26 of ..... taken in the appeal filed against the impugned order and was raised for the first time in written submissions. nevertheless, according to yeida, the argument is patently incorrect, for it ignores the fact that the corporate debtor jil and its successor spvs would derive the benefits of both, the toll collected from expressway for ..... owners welfare society v. jaiprakash associates ltd.; 40.5. the contention of jal that they faced impediments on account of the purported stay imposed by ngt is patently incorrect 49 as the stay by ngt was only on handing over possession without an occupation certificate, which had no bearing on the construction. moreover, jal .....

Pravin Electricals Pvt. Ltd Vs. Galaxy Infra And Engineering Pvt. Ltd.

Court : Supreme Court of India

..... final and insert the words the high court, and no appeal, including letters patent appeal, shall lie against such order. [note: this amendment ensures that a) an affirmative judicial finding regarding the existence of the arbitration agreement; and (b) the administrative act of appointing the arbitrator are final and non- appealabe.]. section 37, which is ..... could only be that of the chief justice or the designated judge. 15 *** (xii) the decision in konkan railway corpn. ltd. v. rani construction (p) ltd., (2002) 2 scc388is overruled. 11. this position was further clarified in national insurance co. ltd. v. boghara polyfab (p) ltd., (2009) 1 scc267as follows: (scc p. 283 ..... 14 administrative in nature, and that the chief justice or his designate does not act as a judicial authority while appointing an arbitrator. the same view was reiterated in konkan railway corpn. ltd. v. rani construction (p) ltd., (2002) 2 scc388(konkan railway 2).10. however, in sbp & co. v. patel engg. ltd., .....

Union of India Vs. M/S. Simplex Infrastructures Ltd.

Court : Supreme Court of India

..... exercised the discretion or otherwise, could be assailed by the respondent before this court by way of special leave petition. but, certainly not by way of a letters patent appeal under clause 15. for, even if the learned single judge may have committed manifest error or wrongly decided the application for condonation of delay, that judgment is ..... co.3 would be clear from the following para 10 of the judgment: (p.s. sathappan case16, scc pp. 689-90) 10. the provisions in the letters patent providing for appeal, insofar as they related to orders passed in arbitration proceedings, were held to be subject to the provisions of sections 39(1) and (2) of ..... (in p.s. sathappan) was held to be a self- contained code. now, if the arbitration act, 1940 was held to be a self- contained code, on matters pertaining to arbitration, the arbitration and conciliation act, 1996, which consolidates, amends and designs the law relating to arbitration bring it, as much as possible, in harmony with the uncitral .....

Ratan Lal Adukia and Another Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1990SC104a; (1990)1CALLT25(SC); [1989]3SCR440; 1989(2)LC382(SC)

..... . reliance was also placed on section 21-a inserted by section 4 of the presidency small cause courts (west bengal amendment) act, 1980 which provides:21a. act to override other laws including letters patent : the provisions of this act shall have effect notwithstanding anything to the contrary in any other law, including in particular the letters ..... may be, or against the railway administration on whose railway the loss, injury, destruction or deterioration occurred.the new section 80 substituted in 1961 by the amending act provides:80. suits for compensation: a suit for compensation for loss of the life of, or personal injury to, a passenger or for loss, destruction, ..... are apprehended in their proper perspective, it becomes necessary to refer to and notice the legislative history of the provision. section 14 of the indian railways (amendment) act, 1961, substituted the old section 80 by a new provision. the old section reads:section 80 : suit for compensation for injury to through booked .....

Liberty Oil Mills and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1984SC1271; 1984(1)SCALE750; (1984)3SCC465; [1984]3SCR676

..... credit before june 5, 1981. according to the authorities to is was not permissible; the affect of paragraph 222(3) of the import policy was that the amendment which was made on june 5, 1981 took effect from april 1,1981 and permitted import of beef tallow under ogl only where firm contracts had been entered ..... and customs and the government of the india took the viewthe licence issued during a policy period is governed by that policy as amended upto the date of issue of the licence and amendments made after the date of issue do not have any application to the licences.and a licence is governed by the policy which ..... jurisdiction. the action will be patently without jurisdiction if it is not based on any relevant material whatsoever if the authority declines to consider the representation, or if the authority after consideration of the representation eschews relevant considerations and prefers to act on irrelevant considerations or from oblique motive, or the decision is such as no reasonable .....

Bank of Baroda Vs. Rednam Nagachaya Devi

Court : Supreme Court of India

Reported in : AIR1989SC2105; I(1990)BC89(SC); [1990]68CompCas165(SC); JT1989(3)SC597; 1989(2)SCALE489; (1989)4SCC470; 1989(2)LC590(SC)

..... deny the bank its help in the recovery of the compound interest from agriculturists.(d) that, at all events, section 21-a of the banking regulation act, 1946 [as amended by banking regulation [amendment] act 1 of 1984] is prospective in operation and that in relation to debts incurred prior to 5.2.1984 the provisions of the usurious loans ..... the scope of its provisions, debts and liabilities owed by the agriculturists to 'any corporation formed in pursuance of an act of parliament of united kingdom or of any special indian law or royal charter or letters patent'. in the indian bank's case the andhra pradesh high court was persuaded to the view that the words 'special ..... by the division bench that the latter part of section 4(e) of the act containing the words 'any debt due to any corporation formed in pursuance of an act of parliament of the united kingdom or any special indian law or royal charter or letters patent, is offensive to article 14 of the constitution and, accordingly, void. the .....

In the Matter of : Cauvery Water Disputes Tribunal

Court : Supreme Court of India

Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; [1991]Supp2SCR497

..... court since this court could not confer jurisdiction on a high court which was exclusively vested in the special judge under the provisions of the criminal law amendment act of 1952; (ii) the said directions deprived the appellant of his fundamental rights guaranteed under articles 14 and 21 of the constitution since the appellant had ..... in running around for a few tmc of water every time and crops reached the withering stage has been briefly stated in note (enclosure-xxviii). it is patent that the government of karnataka have badly violated the inter-state agreements and caused irreparable harm to the age old irrigation in this state. year after year ..... , therefore, moved the high court, and the high court allowed the petition. against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976 the effect of which was to deprive the employees of bonus payable to them in accordance with the .....

Mehtab Singh and Others Etc. Etc. Vs. State of Haryana

Court : Supreme Court of India

Reported in : AIR1995SC667; JT1994(5)SC394; (1995)110PLR47; 1994(3)SCALE876; (1994)6SCC64; [1994]Supp2SCR793

..... ,880 per acre doing away with the classification. the acquisition was thus complete at the district judge's level under the law as it stood prior to the land acquisition (amendment) act, 1984. the land acquisition collector was thus ordered to pay solatium @ 15% and interest @ 6% payable under the law then existing.3. some dissatisfied land-owners, including the ..... sides of the delhi-rohtak road upto a depth of 200 ft, (almost equal to 36 karams). some of the dissatisfied land owners took their cases in letters patent appeal before a division bench of that high court but unsuccessfully. they stand granted special leave to appeal against the judgment and order of the letters ..... patent bench. they form one group. some other land owners have directly obtained leave against the decision of the learned single judge. they form the other group. both .....