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 : Karnataka
..... ordinary purchaser can lead to sharply different outcomes. the hypothetical person, as a legal construct, is not to be understood as importing a single, unchanging and constant standard of reference . the hypothetical person is fluid in the sense, he takes the shape that is given to him. he must be understood, keeping in view ..... netted it includes persons of all age categories (without any exclusion for economic or social reasons) that is to say, children, teens and adults. hence, the standard person to be considered, in assessing the probability of deception, has to be a an ordinary unwary purchaser who is neither too careful nor too careless. 11.1 ..... . this, along with the other factors noted above led the court to give greater weight to the get up notwithstanding the distinct brand names. 64 ` 64. the importance of defining the relevant public [so as to construct an accurate standard of the hypothetical purchaser]. and understanding the usual manner in which the ordinary purchaser would .....
Tag this Judgment!Court : Karnataka
..... or indulge in improper steps or contradictory actions. the learned counsel for the petitioners would further invite the attention of the court to annexure-e, being the standard operating procedure. a reading of the standard operating procedure issued by the office of the dg & ig of police dated 06.03.2019 would yet again reveal the imparting of certain instructions by the ..... be enclosed and give the first information report to those who received the theft material in the spot. (cid:1) to obtain the signature of the person doing measurement of weight and quality of article/material to be seized and to consider him as witness. (cid:1) while seizing, to do the panchanama in the spot and to obtain the signature .....
Tag this Judgment!Court : Karnataka
..... under section 31 of the act. when there is no allegation with regard to the standard weight or standard units or quality of the articles inside the packages, the question of production of the 28 documents with reference to any weight or measure and any non-production of the documents will not attract section 31 of the ..... understood, there must be a declaration on the pre- packaged commodities. thereafter, unless there is some discrepancy inside the package, regarding the weight, standard quantity and quality and number and such standard quantity or number must be contained inside the said pre-packaged commodity. if there is any violation of section 18(1), then only ..... manufacturer s address, date of manufacture/packed month and year, maximum retail price and customer care telephone number and declared size, number and standard, but the quantity, number, size, weight and the quality of 24 the articles which ought to have been inside the pre- packed packages is found to be perfect and correct .....
Tag this Judgment!Court : Karnataka Dharwad
..... ; to control, govern, or direct by rule or regulations. regulate is also defined as meaning to direct; to direct by rule or restriction; to direct or manage according to certain standards, laws, or rules; to rules; to conduct; to fix or establish; to restrain; to restrict. (see also webster s third new international dictionary, vol. ii, p. 1913 and ..... does not possess any vested right. it is further 23 contended that as regards the provision of section 113 of the n.h. act, with reference to limit of weight and limitation on use, the power of concessionaire are not absolute, but only enables the same to execute what is prescribed by law at the entry points only. it ..... of chapter viii more particularly, in the light of section 112, the concessionaire has the right to limit the speed of the vehicle running on the road and the weight of the vehicle in terms of section 113 of the m.v. act and that the concessionaire is entitled to erect traffic signs as well as private traffic hoarding under .....
Tag this Judgment!Court : Karnataka
..... one product, the name and number or quantity of each product shall be mentioned on the package (c) the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in ..... is manufactured or pre-packed or imported shall be mentioned in the package. provided that for packages containing food articles, the provisions of the [foods safety and standards act, 2006 (34 of 2006)] and the rules made there under shall apply: provided further that nothing in this sub-clause shall apply in case of ..... have been committed is one punishable under section 36 of the lm act. the said provision is extracted hereunder for ready reference. "36. penalty for selling, etc., of non-standard packages.- (1) whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or .....
Tag this Judgment!Court : Karnataka
..... one product, the name and number or quantity of each product shall be mentioned on the package (c) the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by 17 number, the number of the commodity contained ..... is imported shall be manufactured or pre-packed or mentioned in the package. provided that for packages containing food articles, the provisions of the [foods safety and standards act, 2006 (34 of 2006)]. and the rules made there under shall apply: provided further that nothing in this sub-clause shall apply in case of ..... have been committed is one punishable under section 36 of the lm act. the said provision is extracted hereunder for ready reference. 36. penalty for selling, etc., of non-standard packages.- (1) whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered .....
Tag this Judgment!Court : Karnataka
..... stage, with a speed limiting device or governor speed function) having maximum pre-set speed of 80 (speed limiting 4 kilometre per hour conforming to the standard ais0182001, as amended from time to time: provided further that the transport vehicle that are (i)...... (ii)...... (iii)...... (iv) four wheeled and used ..... for carriage of passengers and their luggage, with seating capacity not exceeding eighth passengers in addition to driver seat (m1 category) and not exceeding 3500 kilogram gross vehicle weight; (v)...... (vi)..... (vii)...... (viii).... shall not be required to be fitted with the speed governor (speed limiting device or speed limiting function) (emphasis ..... of passengers and their luggage with seating capacity of not exceeding eight passengers in addition to driver seat and not exceeding 3500 kilogram gross vehicle weight. it was suggested by the authorities that the classification has been line with the practice in european continent. we feel that this is insufficient .....
Tag this Judgment!Court : Karnataka
..... the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum pre-set speed of 80 kilometre per hour conforming to the standard ais 018/2001, as amended from time to time: provided further that the transport vehicle that are (i)...... (ii)...... (iii)...... (iv) four wheeled ..... for carriage of passengers and their luggage, with seating capacity not exceeding eighth passengers in addition to driver seat (m1 category) and not exceeding 3500 kilogram gross vehicle weight; (v)...... (vi)..... (vii)...... (viii).... shall not be required to be fitted with the speed governor (speed limiting device or speed limiting function) (emphasis ..... of passengers and their luggage with seating capacity of not exceeding eight passengers in addition to driver seat and not exceeding 3500 kilogram gross vehicle weight. it was suggested by the authorities that the classification has been line with the practice in european continent. we feel that this is insufficient .....
Tag this Judgment!Court : Karnataka
..... the said notification. (2) the goods to be specified under sub-/section (1) shall be those in relation to which it is required under the provision of the standards of weights and measures act, 1976 (central act 60 of 1976) or the rule made being thereunder or under any other law for the time being in force, to declare on ..... the transaction that is the subject of tax. it cannot be said that once sale has taken place which attracts tax, it can be levied and measured on any standard divorced from the subject of sale. 193. permitting this means permitting legislation to insert one or other of the essential ingredients of sale by creating legal fiction, which in ..... of goods act, 1930, the price ......................remains an integral part of sale which becomes subjects of tax and the levy cannot be divorced therefrom where price and not the weight of goods is the measure of tax. 208. if sections 4a is designed to bring a levy into existence which is divorced from the sale subject to tax under .....
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