Court : Supreme Court of India
Decided on : Dec-10-2019
..... the collection of rent. article 323b inserted in the constitution of india, with effect 43. january, 1977, by the constitution (forty second from 3rd amendment) act 1976 empowers the appropriate legislature to enact law providing for adjudication and/or trial by tribunals, of any disputes, offences or complaints with respect to all ..... territorial operation, similar to article 245(2) which expressly saves union laws with extra-territorial operation, enacted by parliament. the chhattisgarh state legislature, thus, patently lacks competence to enact any law which affects the jurisdiction of the supreme court, outside the state of chhattisgarh.52. entry 18 of the state list ..... of superintendence 87. and/or judicial review under article 226 and 227 of the constitution of india, the high courts restrict interference to cases of patent error of law which go to the root of the decision; perversity; arbitrariness and/or unreasonableness; violation of principles of natural justice, lack of jurisdiction .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-06-2019
..... is filed under articles226and227of constitution of india praying to strike down the provisions of chapter xii-h inserted in the income tax act, 1961 by the finance act, 2005 with effect from14.2005 as offending the provisions of article14of the constitution of india and as being beyond the legislative competence of parliament in so far ..... 2003 scc online raj 503, rajasthan high court has held as under: scheme under the patent act to tax "income from salariesin order to appreciate the contentions, and the effect of amendments, it would be apposite to notice the scheme of it act particularly the context of computing income under the head 'salaries'. in the head once ..... petitions, petitioners have prayed for striking down the provisions of chapter xii - h inserted in the income tax act, 1961 (for short act, 1961) by the finance act, 2005 (for short act, 2005) w.e.f. 1.4.2005 on the score that it is offending the provisions of article 14 of the constitution and being beyond legislative .....
Tag this Judgment!Court : Delhi
Decided on : Dec-04-2019
..... respondent against the goods supplied to them; and conveyance of personal guarantee by mr. ashok sharma, a director of the respondent company, which amounted to written amendments to the said agreement. learned counsel also submits that the email dated 18.12.2009 sent by svs private limited to the respondent informing it of hiving of ..... it has been held as under: 41. it is apparent, therefore, that, while interference by court, with arbitral awards, limited and circumscribed, an award which is patently illegal, on account of it being injudicious, contrary to the law is fao(os) (comm) 293/2018 page 11 of 12 settled by the supreme court, or vitiated ..... agreement stood expired by efflux of time. further, the respondent herein, even during the course of the arbitral proceedings, moved an application under section 16 of the act for dismissal of the arbitration proceedings.11. the appellant raised a claim of rs.16,29,05,341/- before the arbitral tribunal, which comprised of the following claims .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2019
..... 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does ..... if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act, that would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, ..... engineering & construction co. ltd. (supra) the supreme court has re-examined the scope of the power of the court especially in light of the arbitration and conciliation (amendment) act, 2015 and held as under: to law would be relegated 35. what is clear, therefore, is that the expression public policy of india , whether contained in section 34 .....
Tag this Judgment!Court : Delhi
Decided on : Nov-15-2019
..... 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by cpc amendment act 46 of 1999 are nevertheless open to challenge in, and continue to be subject to certiorari and supervisory jurisdiction of the high court. (3) certiorari, under ..... drawn process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view, the error cannot be called gross or patent. (7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial ..... the order judgment dated 29.01.2007 passed by the learned industrial tribunal in op no.100-2005/1987, whereunder the petitioner s application under section 33(2)(b) of the industrial disputes act, 1947 (hereinafter referred to as id act ) seeking approval of its order dismissing the respondent/workman from service, came to be rejected .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-14-2019
..... that a smaller relief than one sought could be granted, there is yet another seemingly insuperable obstacle.83. in the year 2018, the prevention of corruption (amendment) act, 2018 (hereinafter referred to as 2018 act for short) was brought into force on 26.07.2018. thereunder, section 17a, a new section was inserted, which reads as follows: 17a. (1 ..... placed side-by-side with the pronouncement of the constitution bench in lalita kumari (supra), the two judgments cannot be squared. it must co-exist despite the patent departure, the impugned judgment manifests from the law laid down by the constitution bench. but that being impossible, the constitution bench must prevail and the impugned judgment ..... only on the basis of the allegations in the complaint.116. in the context of medical negligence cases, in jacob mathew [jacob mathew v. state of punjab, (2005) 6 scc1 2005 scc (cri) 1369]., it was held by this court as under: (scc p. 35, paras 51-52) 51. we may not be understood as holding that .....
Tag this Judgment!Court : Delhi
Decided on : Nov-14-2019
..... pending before a high court or any order passed under chapter ix of the code of criminal procedure 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991. (3) every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a family court. ..... termed as an intermediate or as an interlocutory order.8. in shah babulal khimji (supra), the supreme court even while considering the scope of judgment under the letters patent act, held as under: in the course of the trial, the trial judge may pass a number of orders whereby some of the various steps to be taken ..... justice navin chawla1 by the present petition the petitioner challenges the order dated 21.08.2019 passed by the learned judge family court, district shahdara, karkardooma, delhi in hma no.166/2017, titled dr.vikas gupta v. dr.rajni gupta. the impugned order dismisses the application filed by the petitioner seeking to produce additional documents as also .....
Tag this Judgment!Court : Delhi
Decided on : Oct-30-2019
..... 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 ..... having done any work is even mentioned. this also would show the untenable nature of the arrangement so far as the company was concerned. this agreement is patently against the interest and benefit of the company.25. we would, therefore, hold that this agreement was vitiated and void and the official liquidator representing the ..... office tm applied for su-kam (label) tm category trade mark trade mark type device user detail 01/10/1986 certificate detail certificate no.392606 dated :22. 06/2005 valid upto/ renewed upto 05/10/2028 proprietor name (1) sukam communication systems ltd. trading as : sukam communication systems ltd. body incorporate wz-1401/2, nangal .....
Tag this Judgment!Court : Delhi
Decided on : Oct-23-2019
..... is also not granted to the ipab in order to make its functioning efficient and smooth. the statement of objects and reasons when the trade marks act was amended, clearly records that the purpose of the ipab is for speedy disposal of appeals and rectification applications, which at that time was jurisdiction which was ..... one technical member, as per ld. counsel for the parties.6. the ipab is a specialized forum which was constituted under the trade marks act and the patents act in order to ensure expeditious disposals of intellectual property matters. the manner in which the ipab has been functioning during the last over 15 years shows ..... one technical member is available.4. the ipab established under section 83 of the trade marks act 1999 is the appellate board under section 116 of the patents act, 1970 (hereinafter, patents act ) for hearing appeals against orders passed by the patent office as also revocation petitions etc., the bench of the appellate board, for any particular matter .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-22-2019
..... in jindal stainless limited., supra.20. entry 96 of the first schedule - tobacco products of all description encompasses both manufactured and unmanufactured tobacco. hence, the amendment to the notification impugned is clarificatory in nature.21. the word product as per cambridge dictionary reads as under: something that is made to be sold, usually ..... which is made of something, and which, when made, has characteristics which are apparent to the senses. in judging as to the similarity of products (in patent law), the material of which a product is made and its appearance when made, may be taken into consideration. according to websters comprehensive dictionary, the word ..... invalid as offending article 304(a) of the constitution since these have resulted in causing discrimination in the matter of levy of entry tax under the act between similar goods manufactured or produced in the state of karnataka and those imported from other states; (c) the second notification to the extent its .....
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