Court : Allahabad
..... persons who have been elected to the office of the up-pramukh before the commencement of the uttar pradesh panchayat laws (amendment) act, 2007 shall continue to hold the office as such till the expiry of their term as if the said act were not enacted." 20. the petitioner's submission in the writ petition are founded on section 7(3). ..... its own sphere in spite of art. 372. the result is that art. 278 overrides art. 372; that is to say, notwithstanding the fact that a pre-constitution taxation law continues in force under art. 372, the union and the state governments can enter into an agreement in terms of art. 278 in respect of part b states depriving ..... terms of art. 278 abrogating or modifying the power preserved to the states under art. 277. (19) that apart, even if art. 372 continues the pre-constitution laws of taxation, that provision is expressly made subject to the other provisions of the constitution. the expression "subject to" conveys the idea of a provision yielding 20--2 s c india .....
Tag this Judgment!Court : Delhi
..... person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding . after the amendment of section 202 cr.p.c. by an amending act of 25 of 2005 it has become obligatory for the magistrate to hold an inquiry under section 202 where the accused is ..... three expressions, "prejudice", "other person" and "in his own defence" in section 401(2) are significant for understanding their true scope, ambit and width. black's law dictionary [eighth edition] explains "prejudice" to mean damage or detriment to one's legal rights or claims. concise oxford english dictionary [tenth edition, revised] defines "prejudice" ..... respective jurisdiction is also a part of basic structure of the constitution. counsel also submitted that the limitation to restrain as per the established procedure of law prohibiting participation of an accused before issuance of process by the magistrate is only a stage wise limitation . learned senior counsel also submitted that the .....
Tag this Judgment!Court : Delhi
..... the former patent obsolete, and may unfairly prejudice the interests of the person working that patent.97. it is necessary to refer certain provisions of the patent act, 1970 as amended by the patents (amendment) act, 2005. the relevant sections 48, 64, 83, 84, 107 and 108 of the same read as under: 48. rights of patentees subject to the ..... court of bombay, was in context of compulsory license issue. the judgment of jeevan jyoti 200. ilr (1) 1088 was in a writ petition where the amendment of the patent act was challenged. the reliance of the defendant on these judgments is erroneous. in case once it is held by the court that it is a valid patent ..... the cases relating to patent infringement is the grant of temporary or permanent injunction.38. the patent law in india is governed by patents act 1970 as amended in the year 2005. what constitutes infringement of a patent is not denied in the act. thus, one has to gather the meaning of infringement from the scope of the monopoly rights conferred .....
Tag this Judgment!Court : Delhi
..... the former patent obsolete, and may unfairly prejudice the interests of the person working that patent.97. it is necessary to refer certain provisions of the patent act, 1970 as amended by the patents (amendment) act, 2005. the relevant sections 48, 64, 83, 84, 107 and 108 of the same read as under: 48. rights of patentees subject to the ..... court of bombay, was in context of compulsory license issue. the judgment of jeevan jyoti 200. ilr (1) 1088 was in a writ petition where the amendment of the patent act was challenged. the reliance of the defendant on these judgments is erroneous. in case once it is held by the court that it is a valid patent ..... the cases relating to patent infringement is the grant of temporary or permanent injunction.38. the patent law in india is governed by patents act 1970 as amended in the year 2005. what constitutes infringement of a patent is not denied in the act. thus, one has to gather the meaning of infringement from the scope of the monopoly rights conferred .....
Tag this Judgment!Court : Delhi
..... not videographed cannot be interpreted to mean that the said statement was not an authentic one. in any event, the provision for videography was inserted by the criminal law (amendment) act, 2013 (act no.13 of 2013) with effect from 03.02.2013 in the proviso to the newly added sub-section 5(a) of section 164 and hithertobefore, i.e ..... , we note that both the provisos to sub-section (1) were inserted in the code of criminal procedure by the death sentence reference no.6/2013, criminal law (amendment) act, 2013 (act no.13 of 2013) with effect from 03.02.2013 and the charge sheet in the instant case was filed on 03.01.2013. therefore, the provisos to ..... sentence of imprisonment for a term of less than 10 years. a three-judge bench of the hon ble supreme court, after noting that the legislature through the criminal law (amendment) act, 2013, had not only deleted this proviso in the wake of increasing crimes against women, but also enhanced the minimum sentence to twenty years, which may extend .....
Tag this Judgment!Court : Supreme Court of India
..... another aspect of the matter is that the posco was enacted by parliament in the year 2012 and it came into force on 14th november, 2012. certain amendments were made by criminal law amendment act of 2013, whereby section 42 and section 42a, which have been enumerated above, were added. it w.p. (c) no.382 of 2013 page ..... other sections relating to offences against women and the pocso were incorporated by one amending act i.e., the criminal law (amendment) act, 2013. after the nirbhaya case, the juvenile justice (care and protection of children) act, 2015 was also amended in 2016 and a child in conflict with law over the age of 16 years, if charged with a heinous offence, can ..... government of a.p. v. p. laxmi devi48, this court held thus: 66. as observed by the privy council in shell co. of australia v. federal commr. of taxation [1931 ac2751930 all er rep 671 (pc)]. (all er p. 680 g-h) ...unless it becomes clear beyond reasonable doubt that the legislation in question transgresses the limits .....
Tag this Judgment!Court : Supreme Court of India
..... section 120a ipc as contained in chapter v-a defines the offence of criminal conspiracy. the provision was inserted in the ipc by virtue of criminal law (amendment) act, 1913. section 120a ipc reads as under: 120a. definition of criminal conspiracy:- when two or more persons agree to do, or cause to be done,- ..... areas of rape law. the changes brought in, inter alia, can broadly be titled as under:- (i) extension of the ..... headed by justice j.s. verma, former chief justice of india was constituted to suggest amendments to deal with sexual offences more sternly and effectively in future. the suggestions of the committee led to the enactment of criminal law (amendment) act, 2013 which, inter alia, brought in substantive as well as procedural reforms in the core .....
Tag this Judgment!Court : Kolkata
..... dated january 10, 2006 conveyed our sanction for facility sanctioned to hindustan national glass & industries limited (herein after referred to as 'the borrower'). in continuation and amendment to the above, we are pleased to inform you that the following the facility has now been enhanced and is subject to compliance with conditions stated here under: ..... performing a public function when it provides 'public goods' or other collective services, such as health care, education and personal social services, from funds raised by taxation. a body may perform public functions in the form of adjudicatory services (such as those of the criminal and civil courts and tribunal system). they also do ..... under the said master circular: a) a writ of or in the nature of mandamus be issued directing the respondents, their servants and agents to act in accordance with law and to refrain from taking any steps or any further steps in the matter of proceeding against the petitioner no. 1 as a willful defaulter.10 .....
Tag this Judgment!Court : Supreme Court of India
..... to pay the tax and the rate at which the tax is to be paid. if there is any ambiguity regarding any of these ingredients in a taxation statute then there is no tax in law. then it is for the legislature to do the needful in the matter. 63. there cannot be any dispute to the proposition as laid down by ..... paragraph 41.3 following has been held: 41.2. at the same time, it is also mandated that there cannot be imposition of any tax without the authority of law. such a law has to be unambiguous and should prescribe the liability to pay taxes in clear terms. if the provision concerned of the taxing statute is ambiguous and vague and is ..... salt act, 1944 (act 1 of 1944) as amended by the bill set out in the annexure be inconsistent with the provisions of article 289 of the constitution of india?. 97. in the above context, this court had examined the 80 distribution of legislative power between the union and the states. this court held that there is no overlapping in the matter of taxation .....
Tag this Judgment!Court : Supreme Court of India
..... bank ltd., (2008) 2 scc305 a division bench of this court referred to the object of section 138 thus: 16. section 138 of the act was inserted by the banking, public financial institutions and negotiable instruments law (amendment) act, 1988 (act 66 of 1988) to regulate financial promises in growing business, trade, commerce and industrial activities of the country and the strict liability to promote ..... civil proceedings, it was intended to exclude proceedings relating to or which seek relief against enforcement of taxation laws of the state. the primary object of a taxation statute is to collect revenue for the governance of the state or for providing specific services and such laws directly affect the civil rights of the tax-payer. if a person is called upon to pay .....
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