Court : Jharkhand
Decided on : Feb-04-2009
Reported in : AIR2009Jhar105; 2009(57)BLJR1437
..... iron ore and manganese ore to the respondent no. 7 under the provisions of section 5(1) and section 11(5) of the m.m.d. & r. act, 1957. the chart containing the comparative merits of each of the applicants was also enclosed with the forwarding letter. correspondences were exchanged by and between the state and the central governments giving the details of ..... such claim, the state government had allowed all the applicants including the petitioner, opportunity of being heard and a comparative chart was prepared on the basis of the criteria as laid down under the provisions of section 11(3) of the act. such exercise was undertaken to enable the petitioner and the other rival claimants to establish their superior claims which, ..... 's representation, vide its letter dated 13.09.2005, alongwith the other informations sought for under a comparative chart specifying the details concerning each of the items as per criteria laid down under the provisions of section 11(3) of the act.learned counsel explains that after going through all the relevant informations including the clarifications submitted by the state ..... grounds and arguments, learned counsel would refer to the comparative chart prepared by the concerned authorities of the state government based on the informations supplied by the individual applicants. learned counsel would explain that undisputedly the respondent no. 7 was the first applicant in terms of section 11(2) of the act, who had a preferential right of consideration over .....Tag this Judgment!
Court : Jharkhand
Decided on : Jul-17-2009
Reported in : 2009(57)BLJR2735
..... the petitioner, it has been stated that the petitioner's case was not recommended as per the provisions of section 11(3) a, b, c, d of the m.m.d.r. act, 1957.it is apparent therefore that though in the first comparative chart, the remarks suggest that the petitioner's application was not considered on account of the pending litigation, but the ..... committee conducted the hearing on 18.01.2008 and heard each of the applicants, including the petitioner on its merits vis--vis the prescribed parameters as laid down under the act and the corresponding rules and upon assessing the superior merit of the respondent no. 8, the committee made its recommendation in favour of the respondent no. 8 under the provisions of ..... information, which the petitioner had already supplied and a comparative examination was made vis--vis, the other applicants. this would only emphasize that in the decision-making process, the concerned authorities of the state government did adhere to the provisions of law as contained both in the m.m.d.r. act and the corresponding rules. the petitioner cannot dispute the authority of ..... section 5(1) of the m.m.d.r. act, 1957 for grant of lease. the proceeding of the committee, the details of which were recorded in annexure-11, filed by the petitioner .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-13-2009
Reported in : 2010(1)ALT64
..... all india institute of hygiene and public health, calcutta, is alone recognized by the government. the government also placed before the tribunal the comparative chart relating to the courses offered by the aforesaid four institutes and the one secured by the applicants in the said oa viz., diploma in ..... is obtaining a graduate qualification from any recognized university, whereas the diploma in nutrition and health education awarded by ignou is a correspondence course which is of one year duration and the eligibility to take up the said course is 10+2 years i.e., intermediate ..... permission of the department by the competent authority according to the necessity. whereas dnhe course awarded by the ignou, new delhi is a correspondence one which is one year course. the eligibility for the course is 10th class 4- 2 years intermediate course. the subject is mainly ..... iii of the seventh schedule to the constitution. learned counsel submitted that if a person has the qualification mentioned in section 2(m) of the ncte act he has the necessary qualification for being appointed as an assistant master or a teacher in any educational institution in india ..... institutions - (1) ordinary educational institutions like primary schools, high schools, intermediate colleges and universities and (2) teachers' training institutes. the ncte act only deals with the second category of institutions vi7. teachers' training institutes. it has nothing to do with the ordinary educational institutions referred to above .....Tag this Judgment!
Court : Delhi
Decided on : Aug-13-2009
Reported in : 2009(41)PTC1(Del)
..... compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. the need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. the ..... the party from the species of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and(3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting it.the supreme court ..... royalty. 38. the grant or non grant of injunction has to be measured within the parameters of three tests laid down by this court. however, the court must weigh the comparative hardship of one party as against the another and has to decide whether the injunctory relief is warranted or whether interim directions would suffice. injunctions should not result in extreme ..... continuous infringement of the plaintiff's repertoire by extensive use in many programmes, the chart of which has already been placed on record. the said user of the copyright by the defendants clearly amounts to infringement under copyright act, 1957. the learned counsel states that section 51 of the copyright act, 1957 is a deeming provision and in case the defendants infringes the copyright .....Tag this Judgment!
Court : Chennai
Decided on : Aug-11-2009
Reported in : LC2010(1)37
..... yashod vardhan, learned senior counsel for the respondent that the applicant's attempt is only to coerce the respondents on the basis of certain unsubstantiated correspondence sent through e-mails to extract certain privileges and amounts and that he had set up the so-called invention which is otherwise available in public ..... not worth using such ideas. when the applicant started sending mails stating that the respondent had cheated him, the respondent closed the loop on his correspondence. it was also stated that the application to secure patent was submitted only in september, 2007 just prior to the institution of the suit. ..... discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted. if on weighing competing possibilities or ..... of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and (3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting ..... idea of the applicant is neither new nor involved any inventive step within the meaning of section 2 of the patent act, 1970. it is also not an invention in terms of section 3 of the patent act.13. it was further claimed that the idea or discovery even assuming that it was the .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-04-2009
Reported in : 2009(3)MPHT270
..... the basis of the price of the land as on the date of publication of the section 4 notification. there are other clauses also of the rehabilitation package proposed by the company which are more advantageous than the corresponding clauses in the 2007 rehabilitation package. at the same time there are certain other clauses ..... jabs and training far skills up-gradation.27. that, total expenditure sasan power limited rehabilitation and resettlement package is estimated to be about rs. 131 crores compared to rs. 46 crores under nrrp 2007. spl's r & r package offers almost three times the compensation offered under nrrp 2007.28. that it is ..... respondents and by the madhya pradesh rehabilitation and resettlement policy, 2002 and the national rehabilitation and (resettlement policy, 2007 are reproduced in the form of a chart:-------------------------------------------------------------------------particulars spl offer national policy(rs.cr.) 2007 (rs. cr.)-------------------------------------------------------------------------extra compensation for 10.83 -land-------------------------------------------------------------------------r&r; colony construction 14.49 14.49*cost ..... the land sought to be acquired by the impugned notifications was for the company, the respondent authorities were bound to comply with part vii of the act but the respondent authorities have failed to do so and, therefore, the impugned acquisition proceedings taken up pursuant to the notification deserves to be quashed.6 .....Tag this Judgment!
Court : Intellectual Property Appellate Board IPAB
Decided on : Jun-26-2009
..... compound with several advantageous properties is far more suitable for the preparation and formation of drugs useable for treatement of cancer as compared with the free base imatinib. therefore, its alleged invention satisfies section 3(d) of the act and is patentable. respondents vehemently contradicted the arguments of the appellant. we have very carefully analysed the issue with respect to ..... technology upto imatinib mesylate. what the appellant has surprisingly found is its alleged invention. this is further proved from the claim 13 (see also paragraph 3 supra) and the corresponding description and example. it claims processes for preparing the -crystal form taking one of the starting materials as ??an amorphous starting material of the methanesulfonic acid addition salt of ..... 4 that the salt could not exist in alpha form and the salt inherently existed only in beta form. moreover, the impugned specification of the appellant itself contained a chart comparing the various qualities of alpha crystalline form with beta crystalline form of that salt, which established that the said salt could exist in both forms. the beta form ..... solid form. in that connection, shri bhushan referred to an article ?? a simple method for oral administration of drugs in solid form to fully conscious rats ? published in 1983 by the appellant. a copy of the same was also annexed to the supplementary written submission as annexure g. referring to a passage therefrom he submitted that often pharmacological .....Tag this Judgment!
Court : Delhi
Decided on : Apr-24-2009
Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)
..... -quinazolinamine hydrochloride, methods of production, and pharmaceutical uses thereof.' in the said document a reference is made to the earlier us patent no. 5747498 issued on may 5, 1998 (which corresponds to erlotinib hydrocloride a combination of polymorphs a&b;). a reference was made to the mesylate form of the compound which is easily deliverable according to parenteral methods of administration ..... /2009 filed by the plaintiff in the present appeal. a perusal of the said order shows that the rejection was on the ground that the applicant had failed to provide comparative data compared to prior art u.s.'498 to show any enhancement in the therapeutic efficacy of the polymorph b. even for the stability and bioavailability they claimed, no data was ..... plaintiffs' response to the anticipation argument and was different from the defendant's objection on the ground of obviousness.(v) there was merit in the plea of the defendant that comparative data regarding efficacy of the plaintiffs' drug, with existing drugs, was not independently shown at the time of examination of the claim by the controller of patents to establish that ..... specifically averred that the plaintiffs' patent 'for which the complete specification is yet to be disclosed for the drug erlotinib' was 'completely invalid'. a reference was made to section 3(d) of the act and it was submitted that erlotinib is a derivative of a known patent 'quinazoline'. it was stated that there were at least three eu patents dating back to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-13-2009
Reported in : 2009(57)BLJR2348; JT2009(7)SC248; 2009(7)SCALE341; (2009)6SCC498; 2009(6)LC2797(SC)
..... of a rational and objective connection between capital punishment and the purpose for which it is prescribed. in sentencing terms, 'special reasons' as envisaged under section 354(3) code of criminal procedure have to satisfy the comparative utility which capital sentence would serve over life imprisonment in the particular case. the question whether the punishment granted impairs the right to life under ..... that there is a profound and immeasurable gap between a death sentence and a life sentence. in woodson 428 u.s. at 305 the court held that there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case. (see also lockett 438 u.s. at 604 in rummel v ..... parliament in its legislative planning for fair- play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves the responsibility of setting; down social norms of conduct ..... indian penal code) was stuck down as unconstitutional by this court in mithu v. state of punjab 0065/1983 : 1983crilj811 . this court observed:.if the law provides a mandatory sentence of death as section 303 of the penal code does, neither section 235(2) nor section 354(3) of the code of criminal procedure can possibly come into play. if the court has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-05-2009
Reported in : 2009(2)AWC1936(SC); JT2009(4)SC461; 2009(2)SCALE219; (2009)4SCC719
..... anr. : 2008(11)scale637 , it is held that increase in market value in urban/semi-urban areas was about 10% to 15% per annum, the corresponding increase in rural areas would at best be around half of it, that is about 5% to 7.5% per annum, in the absence of evidence ..... speculation is reduced to a minimum if the underlying principles of fixation of market value with reference to comparable sales are made: i) when sale is within a reasonable time of the date of notification under section 4(1); ii) it should be a bona fide transaction; iii) it should be of ..... the acquired land is obviated. further, when the owner himself has purchased the land under acquisition few years earlier to the notification under section 4 of the act, the consideration mentioned in the sale deed would form the basis to determine the market value and it is unnecessary to travel beyond that ..... reference court allowed the reference applications made by the claimants and accordingly, enhanced the amounts of compensation.3.5 a batch of appeals under section 54 of the act came to be filed before the high court of punjab and haryana, both by ntpc praying for reduction of the amount of compensation awarded ..... to the land owners.3.3 being aggrieved against and dissatisfied with the award passed by the lac, the claimants preferred reference applications under section 18 of the act. according to the claimants, they are entitled to the enhancement of compensation as their land acquired by the state has potential value for .....Tag this Judgment!