Court : Supreme Court of India
..... in the said regard and it was responded vide letter dated 04.01.2006 wherein, the view taken by the appellant- company by placing reliance on rule 29 of the standards of weights and measures (packaged criminal appeal no.3216 of 2024 page 6 of 17 commodities) rules, 1977 (hereinafter referred to as packaged commodities rules 1977 ) was affirmed.9. placing reliance ..... ) moved against the appellant-company, alleging that they had escaped payment of cvd on the aforementioned clearances on account of non-disclosure of mrp as per the provisions of the standards of weights and measures act, 1976 (hereinafter referred to as swm act 1976 ) as they had declared only the invoice value of the said goods. this was a violation of the .....
Tag this Judgment!Court : Supreme Court of India
..... , their exploitation has to be scientific and judicious. the mmdr act enumerates rules and regulations to ensure that the exploration, extraction, and exploitation of minerals follow standards of conservation and sustainability. the indian state is the trustee of all natural resources, including minerals.279 therefore, it is a constitutional duty of the state to ..... by the owner of minerals from those to whom he gives the concession to remove them, and the charge is on production, the rate being fixed according to weight. (emphasis added) 98. the essential characteristics of royalty are that (i) it is a consideration or payment made to the proprietor of minerals, either the ..... purposes of computing the said royalties the lessee/lessees shall keep a correct account of the mineral/minerals produced and dispatched. the accounts as well as the weight of the mineral/minerals in stock or in the process of export may be checked by an officer authorized by the central or state government.74. part .....
Tag this Judgment!Court : Supreme Court of India
..... preconditions to be fulfilled by the authorised officer before effecting arrest, as contained in section 19 of the 2002 act, are equally stringent and of higher standard. those safeguards ensure that the authorised officers do not act arbitrarily, but make them accountable for their judgment about the necessity to arrest any person ..... in section 19(1) of the pml act have to be fulfilled by the designated officer before affecting arrest. the safeguards are of a higher standard. they ensure that the designated officer does not act arbitrarily, and is made accountable for their judgment about the necessity to arrest the person23 alleged ..... the range of rational or reasonable decisions. in this manner, proportionality goes further than the traditional grounds of review as it requires attention to the relative weight according to interest and considerations. state of uttar pradesh v. lal,67 which refers to several other cases, states that the proportionality test safeguards fundamental .....
Tag this Judgment!Court : Supreme Court of India
..... and the larger polypack packages are group packages intended for retail sale is also expressed from the fact that there is no requirement under rule 29 of the standards of weights & measures (packaged commodities), rules, 1977 of mentioning sale price or unit sale price or the mrp on a wholesale package whereas their larger polypack package contains ..... price. (1) the central government may, by notification in the official gazette, specify any goods, in relation to which it is required, under the provisions of the standards of weights and measure (pc) rules, 1976 (60 of 1976) or the rules made thereunder or under any other law for the time being in force, to declare on ..... rs. 36 was mentioned. it is alleged in the show cause notice that the larger poly packs are group packages as defined in rule 2(g) of the standards of weight & measures (packaged commodity) rules, 1977 (for short, the said rules ). it is alleged that the group package made by the respondent was intended for retail sale .....
Tag this Judgment!Court : Supreme Court of India
..... 103 iii. balancing the right to information and the right to informational privacy 103 a) judicial approach towards balancing fundamental rights: establishing the double proportionality standard ...................................................... 103 b) validity of the electoral bond scheme, section 11 of the finance act and section 137 of the finance act ..................................................... 113 c. ..... judicial engagement, (ed. liaora lazarus); 145 ibid. writ petition (c) no.880 of 2017 & ors. page 63 of 74 alexy proposes the weight formula , which quantifies competing values (rights of individuals) and interests (objective of legislation/policy) by reducing them to numbers. it is a method of ..... writ petition (c) no.880 of 2017 & ors. page 29 of 74 have employed the balancing stage normatively 88 by examining the weight of the seriousness of the right infringement against the urgency of the factors that justify it. examination under the first three stages requires the .....
Tag this Judgment!Court : Supreme Court of India
..... be made after consultation with the sadar-i-riyasat.443. on 22 june 1960, entry 50 of the union list in the seventh schedule (establishment of standards of weight and measure) was made available to parliament. on 2 may 1961, as a consequence of co62 entry 50 ( industries, the control of which by the ..... the argument of irrevocability : interpreting article 357(2) and krishna kumar singh ........................................................................................... 145 iv. the distinction between legislative and constitutional functions of the legislature .............................................................................................. 152 e. the standard to assess actions taken under article 356 after the issuance of proclamation ........................................................................................... 160 iv. article 370: a temporary provision?. .................................................... 160 a. the historical context to article 370 .....
Tag this Judgment!Court : Supreme Court of India
..... on policies of respondents20, the drugs & cosmetics act, 1940 and rules thereunder including imc professional conduct regulations, and the guidelines for hiv testing along with standards for blood banks & blood transfusion services .24. it was further argued that since the respondents have explicitly admitted that the appellant contracted his disability due to ..... the virus advances, the cd4 count decreases more drastically. this can lead to symptoms such as: fatigue; shortness of breath; cough; fever; swollen lymph nodes; weight loss; diarrhea; rash. aids if untreated hiv advances to aids, the body becomes prone to opportunistic infections. aids increases a person s risk for many infections ..... 19 that the appellant was referred to 171 mh in 2002 as he was afflicted with microcytic anemia; loss of appetite, discoloration of urine, 5 kg weight loss in 5 months, fever and dyspepsia. when admitted in february 2014, at mh ahmedabad, the appellant was suffering from conditions such as h1n1 virus ( .....
Tag this Judgment!Court : Karnataka
..... patents to qualcomm as the patents are essential for functioning of mobile phones in telecommunication network, be it 3g, 4g or lte standards. the royalty payments for these licensed intellectual property rights including the patents are based upon 8 subscriber unit license agreement. the subscriber unit license agreement ( ..... number of areas which are foundational to mobile experiences.6. the petitioner claims to be the beneficiary of qualcomm s proprietary and licensed intellectual property particularly standard essential patents that are used in mobile phones sold by it. the petitioner claims that it, therefore, pays royalty for use of these essential ..... grievance that they were not treated fairly and the merits of their bid were disregarded by the first respondent and it also failed to give due weight and consideration to their reasonable and legitimate expectation; which resulted in arbitrariness. the decision of the respondent to allot the contract to the third .....
Tag this Judgment!Court : Supreme Court of India
..... principles of natural justice, we are now required to assess if the restriction on procedural guarantees is reasonable on an application of the 59 part g proportionality standard. the proportionality standard as laid down by this court in modern dental (supra) is as follows: (i) the measure restricting a right must have a legitimate goal (legitimate ..... is a real possibility that that the activities harm national security; (iii) the secretary of state is in the best position to assess the security threat. due weight must be given to his assessment. however, his decision is open to review on the above two grounds; and (iv) it was held in council of ..... proportionality, and strict scrutiny. 49 reasonableness is a normative concept that is identified by an evaluation of the relevant considerations and balancing them in accordance with their weight.38 it is value oriented and not purpose oriented. that is why the courts have been more than open in identifying that the action is unreasonable rather .....
Tag this Judgment!Court : Supreme Court of India
..... ) 8 scc344 under the central excise act, the goods should be notified under section 4(a) of the act and that such goods must come within the purview of the standards of weights and measures (packaged commodities) rules, 1977, which has now been repealed and replaced by the legal metrology (packaged commodities) rules,2011.8. in the present case at hand, the .....
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