Judgment Search Results Home > Cases Phrase: yoga undertakings taking over of management act 1977 repealed section 11 act to have overriding effect Page 1 of about 150 results (0.095 seconds)

Amloh Bus Service Registered Vs. the State Transport Appellate Tribuna ...

Court : Punjab and Haryana

Reported in : II(1998)ACC716; (1998)120PLR310

..... years, 1976 and 1977 respectively, without either the state undertakings taking over operations from the ..... overriding effect over chapter v as per provision under section 98 of the motor vehicles act ..... transport services, including those in respect of which applications from him for permits are pending;(f) the condition of the roads included in the proposed route or area; and shall also take into consideration any representation made by persons already providing passenger transport facilities by any means along or near the proposed route or area; or by any association representing persons interested in ..... this is civil writ petition filed under articles 226/227 of the constitution of india by amloh bus service registered, gobindgarh through its managing director shri radhey sham whereby challenge is directed against the order dated 23.4.1990 (annexure p-3) and order dated 26.9.1996 (annexure p-4) passed ..... for permit of any kind made at any time under this act, provided that the regional transport authority may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the official gazette under clause (a) sub-section (3) of section 71 or of contract carriages as fixed and specified in a ..... act has repealed by the new motor vehicles act ..... act 1939 was repealed by an act of parliament and the new motor vehicles act, 1988 came into force with effect .....

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

..... section 92 of the pv act is relied upon; it provides that the provisions of said enactment shall have overriding effect notwithstanding anything inconsistent contained in any other law including the patents ..... prathiba singh, that section 3(j), cannot be interpreted without taking into account the changes to section 2(1)(j) and repeal of section 5 ..... ., available at: http://thelawdictionary.org/microorganism/)(last accessed on 05.10.2017) 12budapest treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure (adopted in 1977, amended in 1980), available at: http://www.wipo.int/treaties/en/registration/budapest/ (last accessed on 03.03.2018) fao (os) (comm) 86/2017 & 76/2017 page 38 of 60 unavailable to the public it has to be deposited before the ida under the budapest treaty as ..... far more significant, in my view, the plant breeders rights act demonstrates that mechanisms other than the patent act may be used to encourage inventors to undertake innovative activity in the field of biotechnology ..... , produced by hybridization (that qualifies as an essentially biological process as concluded above) are excluded from patentability within the purview of section 3(j), and monsanto cannot assert patent rights over the gene that has thus been integrated into the generations of transgenic plants.99 ..... extended definition of landlord according to explanation (b) to section 13 (2) was that it shall not include a rent-farmer or rent-collector or estate-manager .....

High Court of Punjab and Haryana at Vs. State of Punjab and ors. . . .

Court : Punjab and Haryana

..... that the petitioners case centres around chapter-v only and over-looks cwp no.15786 of 1999 transport matter - 37 - chapter-vi which contains special provisions relating to state transport undertakings .he laid emphasis on section 98 to urge that provisions of chapter-vi including the rules or orders made there-under have an overriding effect to the extent of inconsistency not only on chapter-v ..... persons with regard to the same route or area; (xi) the impugned scheme is an exercise in colourable legislation aimed at the reincarnation of section 47(3) of cwp no.15786 of 1999 transport matter - 31 - the 1939 repealed act and a device to dissolve the water tight barrier between chapters v & vi of the 1988 act wherein permits are granted to all applicants including the stus under chapter-v, but issued only to the stus pursuant to an approved scheme under ..... those previous schemes need not be discussed for the reason that after enactment of the 1988 act a new scheme was published in the government gazette on november 3, 1993, in supersession of all the previous schemes, taking over the area or routes mentioned in the annexure appended thereto for being run and operated by ..... roadways moga through its general manager versus punja sahib bus and transport ..... , (1977) 1 scc 403.was cited to contend that a cwp no.15786 of 1999 transport matter - 41 - scheme can be objected to only on the grounds mentioned in section 99 and nationalization of any route completely or partially or curtailment of .....

Pfizer Products Inc. Vs. B.L. and Company and ors.,

Court : Delhi

Reported in : 2002(25)PTC262(Del)

..... accordingly, in considering the question of infringement the courts have held, and it is now expressly provided by the trade marks act, 1938 section 4 that infringement takes p-lace not merely by exact imitation but by the use of a mark so nearly resembling the registered mark as to be likely to deceive ..... defendant is enjoined temporarily from doing something that he has not done before,the only effect of the interlocutory injunction in the even of his succeeding at the trial is to postpone the date at which he is able to embark upon a course of action which he has not previously found it necessary to undertake; whereas to interrupt him in the conduct of an established enterprise would cause much greater inconvenience to him since he would have to start again to establish it in the even of his succeeding at the ..... the said article beautifully sums up the legal position:-'meanwhile, it would be comforting for the international community to know that reputation of trade marks of overseas companies is being recognised in india and there have been significant judicial precedents on the question of transborder or spill-over of international reputation, notwithstanding the fact that india is not a signatory to the paris convention and the patents law has not so far been amended in india after signing of gatt. ..... rapidly growing international trade makes it imperative that intellectual property rights are properly recognized and managed in different countries of the globe. ..... polaroid pol rama 1977 rpc 58114 .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... of western india which represents advocates practising on the appellate side, the bombay bar association which represents advocates practising on the original side and the managing committee of the bombay incorporated law society which represents solicitors practising in the high court of bombay, passed resolutions condemning the circular letter as subversive ..... of india in administrative matters has predominance or overriding effect over the view of the chief justice of ..... a person returning to the bar after adoring the bench for a short-time, a system of taking an undertaking from an additional judge, that if offered he will accept the permanent judgeship was commenced upon ..... by the law minister/union government and as such violates the requirements of article 222(1) of the constitution as laid down by this court in sankalchand sheth's case, 0065/1977 : [1978]1scr423 inasmuch as such mass transfers on alleged grounds of policy are outside its scope and further it reduces the efficacy of the consultation with the chief justice ..... section 6 of the said amending act of 1944 provided that the above amendment made by section 2 thereof in the principal act should be deemed to have seen made therein immediately before the passing thereof and thus the newly added clause (c) of the proviso to section 220(2) was given retrospective ..... time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.187. .....

In Re: Mafatlal Industries Ltd.

Court : Gujarat

Reported in : [1995]84CompCas230(Guj)

..... on which they are employed by mf and their services with mf so to be amalgamated with mil prior to such taking over will not be treated as having been broken for the purposes of the provident fund rules or for gratuity or for superannuation or for any other purposes ..... that under the family arrangement the companies mentioned in exhibit 17 to the counter-claim are to come under the management and control of the plaintiff to the counter-claim and his group; (d) that the defendants to the counter- ..... take effect, the transferee company must also approach the appropriate court under section 391(1) of the act and seek proper direction for convening meetings of those affected by the scheme and get the approval of the concerned persons in the praised manner and also obtain sanction and direction of the appropriate court under section 391(1) and section 394 of the act ..... under consideration where both the companies are well established undertakings with a large net asset backing built up over a period of years, it would be very ..... section as it is suggested on behalf of the plaintiffs it ought to be construed we should be holding that a class of the policyholders whose interest are uncertain may by a mere majority in value override the interests of those who have nothing to do with futurity, and whose rights have ..... 1977] 47 comp cas 689 wherein it is pointed out by the court that in sound exercise of its discretionary power to sanction the scheme, the court must consider the scheme as a whole having .....

Praveen Kumar and anr. Vs. JaIn Vishva Bharati Institute and anr.

Court : Rajasthan

Reported in : RLW2004(4)Raj2528; 2004(4)WLC219

..... not functioning properly, the state government will have the power to take over the administration and assets of the college ..... far as the structural aspect of the society is concerned, the provisions of the act has nothing to do with it, nor any of the provisions of the act, in any manner effect the control and management of the society, much less does it render the society 'financially, functionally and ..... privilege to conduct public examinations but has been statutorily recognised by section 2 (s) of the delhi education act, as a body of persons or a society recognised and authorised by the government too discharge the public function or the governmental function of imparting ..... the constitutional philosophy of a democratic socialist republic requires the government to undertake a multitude of socio-economic operations and the government, having regard to the practical advantages of functioning though the legal device of a ..... repeal ..... on facts, it was found in para 27, that the company is managed by the directors nominated by the government or financial institutions, in the year 1977-78, out of seven directors five were the nominees of the government ..... for in that event the government would be enabled to override the fundamental rights by adopting the stratagem of carrying out its functions through the instrumentality or agency of a corporation, which retaining control over it. ..... yoga centers, to offer theoretical and practical training, of science of living, preksha meditation & yoga .....

Monnet Ispat and Energy Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

..... object and effect of declaration made by parliament in section 2 and the provisions that follow section 2 in 1957 act, which have been extensively referred to above, even remotely do not suggest that the government of the erstwhile state of bihar lacked authority or competence to make reservation of subject mining areas within its territory relating to iron ore which vested in it for public sector undertaking by 1962 ..... shahd was founded on the specific finding that the states action was consistent with rule 59; it does not test the proposition of a conflict between the states power over land and the unions take over of the field of mines and minerals. ..... not accept the argument canvassed on behalf of the state of punjab that the overriding public interest would make it inequitable to enforce the estoppel against the state government ..... submitted that by virtue of section 85 of bihar reorganization act, 2000 read with sections 84 and 86 thereof, it is clear that the existing law shall have effect till it is altered, repealed and/or amended.interveners view39 ..... of the tamil nadu minor mineral concession rules, 1959 which provided for lease for quarries in respect of black granite to the government corporation or by the government itself and that from december 7, 1977 no lease for quarrying black granite should be granted to private persons. ..... the management of the mineral resources has been left with both the central government and state governments in terms of entry 54 in list i and .....

Amarjit Singh Vs. Punjab National Bank and Others

Court : Delhi

Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del

..... the law-makers as to the appropriate legal frame for public sector industrial, commercial, banking and other undertakings having regard to the claim of job security, both of the lower as well as the higher levels, on the one hand, and the overriding claim of productivity, efficiency, discipline and integrity, in the operations of the public sector, on the other ..... or, as the case may be, director or chief executive officer or employee, shall not with effect from the date of such order, - (a) act as such chairman or director or chief executive officer or other officer or employee of the banking company; (b) in any way, whether directly or indirectly, be concerned with, or take part in the management of, the banking company. ..... carried out by the central bureau of investigation in the affairs of the sethia accounts and conduct of the petitioner, the central bureau of investigation has taken over most of the documents which would show the involvement of the petitioner in such affairs' and 'these documents would be very much relevant to determine the guilt ..... section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970, the board of directors made in consultation with the reserve bank of india and with the previous sanction of the central government, punjab national bank (officers) service regulations, 1979, punjab national bank officer employees and (conduct) regulations, 1977, and punjab national bank officer employees (discipline & appeal) regulations, 1977 .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... anymineral. any cess levied by the state government would have the effect ofincreasing the royalty, section 2 of the mmdr act makes the requisitedeclaration to the effect that it is expedient in the public interest thatthe union should take under its control the regulators of mines and thedevelopment of ..... the constitution of indiabegins with a non-obstante clause and by reason of the said provision thelegislative power of the state is taken over by the parliament and once thefield of legislation is taken over; (unless the act is repealed or suitablyamended by a parliamentary act itself), the state will have no jurisdictionto legislate in relation thereto.tea industry is probably the only industry which is not only acontrolled industry but also a ..... coal. chapter ii of this act provides for the constitution of the central advisory council and development councils, chapter iii deals with the regulation of scheduled industries, chapter iiia provides for the direct management or control of industrial undertakings by central government in certain cases, and chapter iiib is concerned with the topic of control ..... settled that although both the union and thestate derive their power from the same constitution, the states would nothave any legal right as against the overriding powers of the union, becauseof a general theory of paramountcy or superiority of the ..... administrative order would not be inconsistent withthe rajasthan minor mineral concessions rules, 1977.in inderjeet singh sial and anr. .....