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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Court: karnataka Page 1 of about 41 results (0.026 seconds)

Jan 29 2007 (HC)

K. Sathya Murthy Vs. the Secretary Ministry for Industry and Commerce ...

Court : Karnataka

Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.

..... patents act, 1970 by the amending act of 2005; that the present procedure for processing the applications is now streamlined comparable to similar processing procedures undertaken elsewhere in other developed countries such as european countries, japan as also in united states of america, comparative charts indicating the present procedure and the duration for completing the processing is indicated in annexure-ii while corresponding procedures ..... hearing on 25-8-2006.'dvskj: 19-09-2006learned counsel for the petitioner as well as respondents are to be furnished with copies of newspaper article published in panorama section of the deccan herald daily dated 13-7-2006 in the heading 'medicines out of the commoners reach .copies of the article are given to sri thimmanna, learned ..... office, chennai2. the affidavit inter alia, points out that sweeping changes have been brought about by the amendment act of 2005 to the parent patent act of 1970 and some major changes such as omission of section 5 of the principal act, having taken place and changed statutory position substantially alters the grounds on which the persons can either claim to be ..... effect from the 20th may, 2003 and certain provisions have been made in respect of pending applications as indicated in section 11b of the act. it is submitted that all pending applications are required to be processed under the act only on a specific request made by the applicants by continuing their applications on payment of certain fees within a .....

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Apr 08 2004 (HC)

Jindal thermal Power Company Ltd. Vs. Karnataka Power Transmission Cor ...

Court : Karnataka

Reported in : ILR2004KAR3463; 2004(5)KarLJ161

..... and shall assist this hon'ble court to determine the appeal.5. the additional evidence are certain relevant correspondences between the appellant, the respondents (government of india) relating to the matter, comparative charts of the hon'ble commission proving that the tariff rates of the appellant are one of the lowest ..... by the appellant and the kptcl. however, learned counsel for respondents, while agreeing with the appellant that the proviso to sub-section (2) of section 27 of the act does not require a contract in writing, does not require any formal document, does not prescribe any particular form and does not ..... of statutes enunciated by the supreme court in the above cases are the binding authorities to state that the proviso to sub-section (2) of section 27 of the act is required to be restricted only to tariff determination and does not require a ppa to establish a concluded contract.50. in ..... conclude by contending that as on 01.06.1999 there existed no concluded contract of the nature covered under the proviso to sub-section (2) of section 27 of the act and, therefore, there was no merit in the contention that the impugned fixation of tariff is one without jurisdiction.17. sri ..... the impugned order is legislative in nature, there was no question of the law- maker providing an appeal to this court under section 41 of the act against such legislative action. the validity of a legislation is always tested on the touchstone of constitutional provisions under article 32 and/or .....

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Feb 11 2011 (HC)

Nippon Sheet Glass Co. Ltd. Vs. Raman Fibre Sciences Private Limited

Court : Karnataka

..... excellent, whereas that of the petitioner is of poor quality. thereafter associated traders placed an advertisement in the battery directory and year book giving a comparative chart of various batteries and it was mentioned therein that the spg batteries are more excellent than hi-sep. it is this advertisement that triggered legal notice ..... respondents notice that, associated traders had taken out an advertisement on their own without the involvement of the petitioner company. 5. after all these correspondence between the parties, the respondent lodged a private complaint u/s 200 of ipc before the trail court in p.c.r.no.19685/2010 ..... advertisement stating that his product is superior to anothers product. whether such advertisement can be characterized as defamatory in nature so as to attract section 500 of ipc. this is the question that has cropped up for consideration in this matter following the trail court directing issuance of summons to ..... nevertheless civil wrongs which can be righted by civil courts and are not crimes which can be punished by a criminal court. not every immoral act is criminal and it is an abuse of the process of a court to attempt to create a new crime in order to compel men to ..... proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in .....

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Feb 23 2000 (HC)

K. Narasimha Murthy and Others Vs. Karnataka Public Service Commission ...

Court : Karnataka

Reported in : ILR2000KAR1821; 2000(4)KarLJ97

..... the postgraduate degree issued by the university of mysore. however, none of them possesses the basic degree qualification. the university of mysore had introduced a scheme known as 'correspondence course' wherein a candidate, even if he does not possess any basic degree or other educational qualification, could directly appear for the postgraduate course; and if he passes ..... referred to earlier. the various subjects prescribed both for preliminary examination and main examination which consist of written and personality test, provide for the mechanism to test the comparative merit and suitability of the candidates for appointment as gazetted probationers. when there are large number of applicants to the posts, unless a candidate secures fairly high percentage of ..... examinations for the post of gazetted probationers. the rules which prescribe for selection to the post, clearly indicate that selections are made only on the basis of the comparative merit of the candidates based on their performance in the written examination held and also the assessment of their suitability in the personality test conducted. this is clear from ..... prescribed for kannada and english papers only for the purpose of deciding their eligibility for appointment to the post of gazetted probationers groups-a and b while assessing their comparative merit. when this being the scheme of examination for the purpose of selection, the question that would arise for consideration is that if a candidate possesses a master .....

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Feb 19 2016 (HC)

Hewlett Packard Financial Services India Private Limited Vs. The State ...

Court : Karnataka

..... july 1997; (ii). lessee requests to place po on overseas supplier and assessee placing po on foreign vendor on 05th april 1998; (iii). letter correspondence with the assessee i.e. karnataka bank for finance dt. 10th april 1998; (iv). master lease agreement entered between the karnataka bank and the lessee ..... prior to amendment and after amendment to the constitution (sixth amendment) w.e.f. 01.11.1956 and prior to insertion of sub-section (3) of section 5 of the cst act respectively. j.v.gokal and co. pvt. ltd. and devar and co. cases are related to high-seas sales i.e. ..... hence, it is not possible for us to apply the provisions of the constitution more particularly when the facts of the present case are un-comparable with the facts of the case before the apex court. 29. in view of the aforesaid observation and discussion, it cannot be said that ..... dated 15th december 2005. (vii). leasing schedule coming into existence by inference based on acceptance certificate and novation notice dated 15th december 2005. the comparative analysis clearly reveals that in the instant case, the appellant has not placed any purchase order as such on overseas supplier and the master lease agreement ..... dated 30th september 2011. the factual matrix available has been narrated by her lordship at paragraphs nos. 10 and 11 of the said decision. the comparative matrix is distinct from the present case. in order to illustrate the same, the chronological events vis- -vis prevailing in the present case is analyzed .....

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Feb 19 2016 (HC)

Hewlett Packard Financial Services India Pvt Ltd Vs. The State of Karn ...

Court : Karnataka

..... july 1997; (ii). lessee requests to place po on overseas supplier and assessee placing po on foreign vendor on 05th april 1998; (iii). letter correspondence with the assessee i.e. karnataka bank for finance dt. 10th april 1998; 39 (iv). master lease agreement entered between the karnataka bank and the ..... prior to amendment and after amendment to the constitution (sixth amendment) w.e.f. 01.11.1956 and prior to insertion of sub-section (3) of section 5 of the cst act respectively. j.v.gokal & co. pvt. ltd. and devar & co. cases are related to high-seas sales i.e. sale ..... hence, it is not possible for us to apply the provisions of the constitution more particularly when the facts of the present case are un-comparable with the facts of the case before the apex court.29. in view of the aforesaid observation and discussion, it cannot be said that ..... notice dated 15th december 2005. (vii). leasing schedule coming into existence by inference based on acceptance certificate and novation notice dated 15th december 2005. the comparative analysis clearly reveals that in the instant case, the appellant has not placed any purchase order as such on overseas supplier and the master lease agreement is ..... 30th september 2011. the factual matrix available has been narrated by her lordship at paragraphs nos. 10 and 11 of the said decision. the 38 comparative matrix is distinct from the present case. in order to illustrate the same, the chronological events vis- -vis prevailing in the present case is analyzed .....

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Aug 16 1985 (HC)

The Coffee Board Vs. Commissioner of Commercial Taxes and ors.

Court : Karnataka

Reported in : ILR1986KAR1365; 1985(2)KarLJ397; [1985]60STC142(Kar)

..... in state of tamil nadu v. m. k. kandaswami : [1976]1scr38 the supreme court reversing the decision of the madras high court upholding section 7a of the madras general sales tax act that corresponds to section 6 of the kst act, approved the principles enunciated by the kerala high court in yusuf shabeer v. state of kerala [1973] 32 stc 359 and malabar fruit products ..... lordships cannot help deprecating the practice which seems to be growing in some of the indian courts of referring largely to foreign decisions. however useful in the scientific study of comparative jurisprudence, judgments of foreign courts, to which indian practitioners cannot be expected to have access, based often on considerations and conditions totally differing from those applicable to or prevailing ..... that arise in these cases have to be examined and decided without reference to the amendments made to the constitution by the 46th constitution amendment act of 1982 that came into force from 2nd march, 1983 for the reasons that all the assessments in these cases relate to the period prior to that date and the enabling provisions of the constitution ..... incorrect, issued a proposition notice on 10th march, 1982 (annexure d) inter alia proposing to bring the purchase turnover during the said period to purchase tax under section 6 of the kst act. on 31st may, 1983 (annexure h) the cto overruling the objections urged thereto by the petitioner, has completed his assessment for the said period levying a sum of rs. 5 .....

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Jan 29 1987 (HC)

Workmen of Cement Industry Vs. Union of India (Uoi)

Court : Karnataka

Reported in : ILR1987KAR2078

..... arbitration by persons interested in the dispute as contended by mr ullal. this is not to say that arbitration has no place in the scheme of the act. to quote martin shapiro-courts-a, comparative and political analysis :'nevertheless, societies tend to turn to arbitration in situations in which, although overarching legal norms may exist, the most salient concerns are ..... refer an industrial dispute partake of various hues and nuances which are not comparable to those arising under common law or under contract. such consequences may arise out of disputes between employer and employer, workmen and workmen, employer and workmen (see section 2(1)(k) of the act). these consequences immediately affect the delicate and tenuous relationship between management and labour ..... of much use to the organisations as well as to other agencies.'19. there is a serious dispute about the membership of the respective union as shown in the comparative statement published by the government of india. the learned counsel sri narasimhan has submitted that this statement was prepared only for the purpose of giving representation to workers' organisation ..... are not made parties to it.25. as noticed earlier, the industry being a public utility service the petitioner had a corresponding right to have the dispute raised by it adjudicated by an appropriate independent tribunal constituted under the act. on the facts of this case, it was the national tribunal which was competent to adjudicate the dispute. that right .....

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Sep 02 1986 (HC)

B.S.M. Ganganna Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1986KAR3359; 1987(1)KarLJ21

..... resulting in highly undesirable consequences, which the legislature wanted to obviate. the comparative elevation of the provisions of the act is further noticed in sub-section (10) of s. 360 of the code which makes it clear that nothing in the said section shall affect the provisions of the probation of offenders act, 1958. those provisions have a paramountcy of their own in the respective ..... .c., the reference to the provisions of s. 562 in s. 19 of the p.o. act has to be construed as reference to the provisions so re-enacted with or without amendments. the provisions of s. 360 of the new code are clearly corresponding to the provisions contained in s. 562 of the old code and re-enacted with certain amendments ..... areas where they are applicable. 5. in the case of state of kerala v. chellappan george 1983 cri lj 1780, the kerala high court has, after referring to ..... by the punjab high court in the case of state of punjab v. harbans lal 1983 cri lj 13, wherein without reference to the provisions contained in s. 8 of the general clause act, it has been held that where the provisions of the probation of offenders act are applicable, the employment of s. 360 is not to be made. in case of .....

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Jul 14 1995 (HC)

Darshan Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1996KAR1241

..... extent of lands required for purpose of acquisition. the learned advocate general has made available the necessary details in this regard and they disclose that there has been a lengthy correspondence between the parties in the matter of acquisition of land and the requirement has always been for more land than what was originally notified. therefore, it may not be appropriate ..... court and a decision in that regard must be left to the free-will of the government to be decided on relevant grounds of course. right from the beginning the correspondence between the parties disclose that they needed a larger extent of land than what was notified. in fact, they wanted 100 acres of land totally for the purpose of establishment ..... be struck down merely on the ground that resort must be had to another enactment.13. now, we may briefly compare the provisions available under the two enactments. under section 4 of the l.a. act, preliminary notification has got to be issued disclosing the intention to acquire the land. sections 4 and 5 provide for preliminary investigation. after a notification is issued under ..... is rather sad that it should be so.4. in the year 1983, the state government notified the lands measuring about 200 acres in several villages including pattandur agrahara village for purpose of acquisition under section 28(1) of the karnataka industrial areas development act (hereinafter referred to as the kiadb act) and final notification was issued in that regard on 16.8.1993 .....

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