2024 Livelaw Del 155 Summary
Legal Proceedings and Case Management
On January 5, 2024, the Respondent's counsel indicated willingness to transfer technology to the National Research Development Corporation (NRDC), with the matter adjourned for further instructions or documentation submission.
NATIONAL RESEARCH DEVELOPMENT CORPORATION & ANR. vs CHROMOUS BIOTECH PVT LTD - Delhi
Case Dismissals and Orders
No.155 of 2023 was dismissed, whereas A.A. No.15 of 2024 was allowed, reflecting the Court's decision to dismiss or permit the respective appeals and applications. Notable references include Madhurkumar Ramkrishnaji Bajaj and others.
G. Vibby VS Cresco Housing Projects - Telangana
Legal Framework and Applicability of Laws
The Court emphasized the savings clause in the BNSS (2023), which preserves pending matters under the old law, with incidents post-July 1, 2024, falling under the new law. The Rajasthan High Court also reaffirmed that criminal proceedings involving incidents after this date are governed by the new legal regime.
Arshdeep Singh alias Arsh VS State of Punjab - Punjab and Haryana
Patent and Invention Law
The Union of India highlighted that inventiveness must be assessed holistically, considering the invention as a whole rather than isolated elements. Specific patent details include a rotatable annular body supported by frames and gears, as discussed in various patent references.
DONG YANG PC, INC vs CONTROLLER OF PATENTS AND DESIGNS - Delhi
Case Listing and Court Procedures
Multiple cases, such as ILR (2005) 2 Del 764 and others, were scheduled for hearings in March 2024, with proceedings involving minors and procedural undertakings by counsel.
Dharani VS State - Madras
Tax and Customs Proceedings
The Court noted instances where tax officers failed to appear or submit submissions, impacting proceedings related to customs and excise, referencing decisions from 2011 and 2016.
Ambika Traders Through Proprietor Gaurav Gupta vs Additional Commissioner, Adjudication Dggsti, CGST Delhi North - Delhi
Legal Precedents and Judicial Principles
The Court referenced several Supreme Court and High Court decisions, emphasizing that considerations such as inventiveness, procedural compliance, and the validity of FIRs are crucial. Key cases include Vistrat Real Estates, Moneywise Financial Services, and others, which guide the Court's reasoning.
HONASA CONSUMER LIMITED Vs RSM GENERAL TRADING LLC - Delhi
Recent Supreme Court Decisions
The Supreme Court in 2024 doubted earlier rulings like P.V. Narasimha Rao v. CBI, especially in the context of political and legal tumult surrounding the Sita Soren case, indicating evolving judicial perspectives.
C.T.Ravi S/o Thimmegowda vs State By Bagewadi P.S. - Karnataka
Additional Legal Observations
Cases under Section 9 of the 1996 Act and connected matters were discussed, with courts scrutinizing jurisdictional considerations, procedural aspects, and the importance of thorough judicial evaluation.
ASHOKA BUILDCON LTD. NASHIK vs MAHA ACTIVE ENGINEERS INDIA PVT.LTD. MUMBAI THR.ITS DIR.SUNIL VASUDEORAO VIDOLKAR AND ANR. - Bombay
Analysis and Conclusion
The 2024 Livelaw Del 155 consolidates various procedural, substantive, and jurisdictional developments across criminal, civil, patent, and administrative law. It highlights the Court's ongoing efforts to adapt legal interpretations to evolving statutes, procedural rules, and factual circumstances, emphasizing the importance of holistic assessment, adherence to procedural timelines, and the impact of recent Supreme Court judgments on legal doctrine. The case references collectively underscore the dynamic nature of legal jurisprudence in India as of early 2024.
On the last date, 5th January, 2024 Ld. Counsel for the Respondent had made a submission that his client is willing to give the technology to NRDC. The matter was then adjourned to enable the ld. Counsel to place some documents or seek instructions.
No.155 of 2023 is dismissed; A.A. No.15 of 2024 is allowed. ... Madhurkumar Ramkrishnaji Bajaj, 2023 LiveLaw (SC) 984 3. Epsilon Eduventures Private Limited vs. Nikhil Goel, 2022 SCC OnLine Del 1308 4. M/s. Sree Durga Estates vs. J.A.S. ... No.155 of 2023 and respondents 1 and 2 in A.A. No.15 of 2023, Sri K.Sathakarni, learned counsel for the Applicant in A.A. No.15 of 2024 and respondent Nos. 1 and 4 in A.A. No.155 of 2023, M/s. Unnam Law Firm, learned counsel appe....
to BNSS, 2023, emphasizing the savings clause for pending matters and the applicability of the new law to incidents post-July 1, 2024 ... of the CrPC, 1973, continued to apply to pending matters as per Section 531 of the BNSS, while incidents occurring after July 1, 2024 ... State of Rajasthan, 2024 Live Law (Raj) 155 : 2024 SCC Online Raj 2042, decided on July 9, 2024, Rajasthan High Court observed: Head Note of the petition herein reads as under: “S.B. CRIMINAL MISC. ... State of Gov....
Union of India, 2023 LiveLaw (Cal) 17 held that for considering inventiveness, the invention as a whole has to be considered and not broken down into isolated elements. ... The annular rotating body 50 is rotatably supported by the frame 100, And is rotatably supported by a fixed annular fixture 60 by a bearing [para 0039]Rings gears supported by frames is disclosed in both D5 and 2554/DEL/2013a plurality of pull blocks (155) fixed to a side of ... [para 0041]Traction blocks fixed to the 51 annular rotary body 50 as shown in D5 perform sa....
State and Another reported in ILR (2005) 2 Del 764. 13. ... Accordingly, we listed the matter on 14.03.2024. ... We had adjourned the case to 01.03.2024 and thereafter, adjourned to 18.03.2024 for the counter of the 3rd and 4th respondents. 5. ... Hence, we listed the matter today i.e., on 14.03.2024. 6. ... When the HCP was listed before this Court on 10.01.2024, the learned counsel for the 4th respondent undertook to produce the minor child before us and accordingly, the minor child ....
Collector of Central Excise (2011) 22 S.T.R. 225 (Del), a Division Bench of this Court had observed that the circumstances tax officers sought for vide the written request dated 05.12.2024. ... (iii) You did not appear on any of PH scheduled for 12.11.2024, 28.11.2024 and 12.12.2024, thus failed to submit even any Oral submission before the undersigned.” ... The Principal Commissioner of Customs , 2016 SCC OnLine Del 1236 and Flevel International v. ... Section 155 o....
(2024) 4 SCC 1 , para 14 of Vistrat Real Estates Private Limited v Asian Hotels North Ltd. , 2022 SCC OnLine Del 1139, and paras 15 and 18 of Moneywise Financial Services Pvt Ltd v Dilip Jain. ... , 2013 SCC OnLine Del 446 (2004) 3 SCC 155 as well as several decisions of Division Benches of this Court. Finally, this Court concluded: (2017) 2 SCC 253 and of this Court in Transasia Private Capital Ltd v Gaurav Dhawan , 2021 SCC OnLine Del 2393.
The Director, Directorate of Enforcement and Others’ 2015 SCC OnLine Del 7626, ‘Rose Valley Hotels and Entertainments Ltd. Vs. The Secretary, Department of Revenue, Ministry of Finance and Others, 2015 SCC Online Del 10111 and State of Bihar Vs. P.P. Sharma, IAS and another’, 1992 Supp (1) SCC 222. ... No doubt, now, vide judgment dated 16.01.2024, a Single Bench while deciding CRM-M-56495-2023, titled as ‘Aditya Beri and another Versus State of Haryana and another’, has held the FIRs to be a nullity. ... That Section 73 confers a power u....
UNION OF INDIA , (2024) 3 SCC 786: (2024) 2 SCC (Cri) 328], is extracted below: (Sita Soren case [ SITA SOREN v. UNION OF INDIA , (2024) 3 SCC 786: (2024) 2 SCC (Cri) 328] , SCC pp. 795-96, paras 24 & 26) “24. ... UNION OF INDIA , (2024) 3 SCC 786 : (2024) 2 SCC (Cri) 328] doubting the correctness of P.V. Narasimha Rao [P.V. Narasimha Rao v. CBI, (1998) 4 SCC 626 : 1998 SCC (Cri) 1108] . ... The genesis of the imbroglio lies, in the tumultuous events that unfolded on 19-12-20....
2024 INSC 155 . It was thus urged that the learned Judge while exercising jurisdiction under Section 9 of the Act of 1996 failed to give serious consideration to this aspect of the matter. ... Kal Airways Private Ltd. and Ors., with connected matter, 2017 SCC OnLine Del 8934, Jagdish Ahuja and Anr. Vs. Cupino Ltd., with connected matter, 2020 SCC OnLine Bom 849, Dinesh Gupta and Ors. Vs. Anand Gupta and Ors., 2020 SCC OnLine Del 2099, Kotak Mahindra Bank Ltd. Vs. ... After MAEIPL filed its rejoinder on 24th February #HL_....
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