Category Archives: inzwh

Daar Communications Plc (DAARCO.ng) 2016 Annual Report

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first_imgDaar Communications Plc (DAARCO.ng) listed on the Nigerian Stock Exchange under the Communications sector has released it’s 2016 annual report.For more information about Daar Communications Plc (DAARCO.ng) reports, abridged reports, interim earnings results and earnings presentations, visit the Daar Communications Plc (DAARCO.ng) company page on AfricanFinancials.Document: Daar Communications Plc (DAARCO.ng)  2016 annual report.Company ProfileDaar Communications Plc is a broadcasting company in Nigeria that develops, produces and markets television and radio entertainment and news programmes for markets in Africa and the United Kingdom. Television news and entertainment networks in its company portfolio include AIT Television, AIT International and AIT Sport as well as DAARSAT, a Pay-TV service on a digital streaming platform. The company’s radio station is Raypower 100.5Fm which promotes socio-political, economic and cultural issues. Daar Communications Plc has its own television production operation in Nigeria. The company was established in 1988 and is a subsidiary of DAAR Investment Limited. Its company head office is in Abuja, Nigeria. Daar Communications Plc is listed on the Nigerian Stock Exchangelast_img read more

Niger Insurance Plc (NIGERI.ng) Q32016 Interim Report

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first_imgNiger Insurance Plc (NIGERI.ng) listed on the Nigerian Stock Exchange under the Insurance sector has released it’s 2016 interim results for the third quarter.For more information about Niger Insurance Plc (NIGERI.ng) reports, abridged reports, interim earnings results and earnings presentations, visit the Niger Insurance Plc (NIGERI.ng) company page on AfricanFinancials.Document: Niger Insurance Plc (NIGERI.ng)  2016 interim results for the third quarter.Company ProfileNiger Insurance Plc is a life and general insurance company in Nigeria underwriting all classes of insurance. Life insurance products include endowment policies, group life, mortgage protection and term assurances. Non-life insurance products range from aviation hull and liability and fire and special perils to public liability insurance, professional indemnity and workmen compensation insurance. The company also markets products under the brand name Niger Cash, Niger Flexible Investment Assurance, Niger Mutual Halal, Niger Personal Pension and Savings. Founded in 1962 and formerly known as The Niger Insurance Company Limited, the company changed its name to Niger Insurance Plc in 1989. The company has a sound reinsurance treaties with reinsurance companies led by Swiss Re. Niger Insurance Plc’s head office is in Lagos, Nigeria. Niger Insurance Plc is listed on the Nigerian Stock Exchangelast_img read more

Saints commemorations approved, but distribution in limbo

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first_img Assistant/Associate Priest Scottsdale, AZ Phillip Ayers says: An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Associate Rector Columbus, GA AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Tags Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Rector Hopkinsville, KY Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET r h lewis (VTS 1963) says: July 2, 2015 at 7:57 am Appreciate the discussion on the floor of the HoD. However, it seems, based on some of the letters of Paul, that we are all called to be saints (not capital S) as part of our lives in Christ after our Baptism. SO- baptism appears to be the entry point into both the Body of Christ and the pathto growing into the likeness of Jesus. Any other start point seems an error. I am still not satisfied with having 2 Classes of s/Saints . R H Lewis (7/2) TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab Rector Shreveport, LA Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET The Rev. Ruth Meyers, Standing Commission on Liturgy and Music chair, standing, addresses the Prayer Book, Liturgy and Music legislative committee, chaired by the Rev. Devon Anderson and Missouri Bishop Wayne Smith, right. Meyers served as consultant to the committee during General Convention 2015. Photo: Sharon Sheridan/Episcopal News Service[Episcopal News Service – Salt Lake City] General Convention approved making available a revised resource for calendar commemorations but stopped short of officially authorizing it as a liturgical resource for use in the next triennium. Amended Resolution A056 also establishes criteria to use when considering additions to the resource, “A Great Cloud of Witnesses: A Calendar of Commemorations,” and directs the Standing Commission on Liturgy and Music to review all the names within it in light of these criteria, reporting back any revisions and explanations for them to the next convention.SCLM will use those same criteria to review commemorations and their accompanying collects added to the resource via A055 and to review suggested additional commemorations outlined in A057. The latter resolution includes the names of more women for possible inclusion in response to previous General Convention directives to increase the number of women commemorated in the church calendar.“Great Cloud of Witnesses” revises and replaces a previously authorized resource, “Holy Women, Holy Men: Celebrating the Saints.” Created as part of a major revision of “Lesser Feasts and Fasts,” the church’s commemoration of various saints and occasions not included as major holy days on the calendar of the Book of Common Prayer, “Holy Women, Holy Men” added many new commemorations and was approved for trial use by the 2009 and 2012 conventions.With the passage of the amended A056, “ ‘Lesser Feasts and Fasts’ continues to be the authorized supplemental calendar of commemorations,” said SCLM Chair the Rev. Ruth Meyers. “ ‘Great Cloud of Witnesses’ will supersede ‘Holy Women, Holy Men.’ ” It will include everyone that had been in “Holy Women, Holy Men” – including commemorations originally proposed for deletion in A055 but later restored for review under the new criteria.But how precisely the new resource will be made available remains to be determined.“The commission will need to work with the General Convention office to determine how to make (it) available,” Meyers said.An additional resource for trial use was approved via A056: “Weekday Eucharistic Propers 2015,” containing all of the seasonal collects and lessons previously contained in “Lesser Feasts and Fasts” and “Holy Women, Holy Men.”Dividing these propers from the other commemorations means creating two books of more manageable size for liturgical use and, with the “Eucharistic Propers,” creating a longer-lasting volume because the propers, unlike calendar commemorations, do not change, Meyers told ENS before the convention.“Great Cloud of Witnesses” includes “tags” for different aspects of saints’ lives that those using the resource might want to emphasize about a commemorated individual – such as martyr, pastor or bishop – and expands the Scripture options for the commemorations.The House of Bishops had approved the Prayer Book, Liturgy and Music legislative committee’s version of A056, which would have authorized “Cloud of Witnesses” for use during this triennium. But it ran into trouble in the House of Deputies, who approved the amended version that merely makes it available as a resource. Because it was amended, the resolution returned to the bishops, who concurred on July 1.Describing the resource as “the next step in the development of the church’s calendar of commemorations,” Meyers told the House of Deputies on June 29 that “in 2003 the General Convention directed the SCLM to undertake a revision of ‘Lesser Feasts and Fasts’ to reflect our increasing awareness of the importance of the ministry of all people of God and the cultural diversity of The Episcopal Church and the wider Anglican Communion and its ecumenical partners.”After receiving feedback from across The Episcopal Church on “Holy Women, Holy Men,” she said, “Great Cloud of Witnesses” was developed “as a kind of family history of persons worthy to be remembered.”Ohio Deputy the Rev. Jeremiah Williamson, a member of the legislative committee, opposed concurrence on the floor, saying adoption would establish “a set of criteria that fundamentally shifts our understanding of sainthood and baptism.”He objected to paragraph 2, criteria 2, which changed the understanding of saints as “people made holy through their mutual participation in the mystery Christ.“It defines holiness as a kind of good works; something earned rather than given us by God,” he said. “While there are certainly women and men outside the Christian church that are good people and do amazing things to better our world, they have often by their own choice not been baptized into the church. Therefore, it seems inappropriate to place them in the church’s calendar.”Deputy Benjamin Shambaugh of Maine, chair of the legislative committee’s subcommittee on the calendar, said, “There are a variety of interpretations of sainthood.“ ‘Cloud of Witnesses’ is the next evolutionary stage of ‘Lesser Feasts and Fasts’ and ‘Holy Women, Holy Men.’ It is a catechetical as well as a liturgical resource. It does, as pointed out, include criteria for inclusion against which all of those names will be judged and then those revisions will be brought to the next convention’s suggestions for revision.”Deputy Melody Shobe of Rhode Island introduced the amendment, replacing the words “authorize in the next triennium” with “make available for publication and distribution by individuals and in congregations and in other church groups for devotional or catechetical use or use in public worship subject to the provisions for optional commemorations of page 18 of the Book of Common Prayer.”She noted that The Episcopal Church is not of one mind about saints. “There are some who yearn to retain a core calendar and others who want to widen it. This helps us to balance that in a middle way,” she said.Deputy Dante Tavalaro, also of Rhode Island, supported the amendment, saying that it spoke to the Episcopal ethos of “both-and” as opposed to “either-or.”The amendment passed 571-244, and the amended resolution was approved 619-194.— Sharon Sheridan is an ENS correspondent. The Rev. Pat McCaughan, also an ENS correspondent, contributed to this report. Priest-in-Charge Lebanon, OH Rector (FT or PT) Indian River, MI This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 July 11, 2015 at 8:33 am Since the title is “Great Cloud of Witnesses” isn’t the focus to be on who people are witnessing for? Baptism focuses life around “in the Name of Jesus Christ.” Otherwise we are a good group of people. Where’s the emphasis on our Christianity? Joe Parrish says: General Convention, In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 January 4, 2017 at 10:12 am From the early days of the Christian church, people whose witness to Christ has been notable, especially those who have witnessed by accepting martyrdom, have been celebrated and commemorated, both locally and more broadly. To say that someone cannot be honored in this way because the word “saint” (Greek “hagios”) is also used in the New Testament for all believers, seems silly to me. Must the lives of those whose walk with God and witness have been exemplary be hidden from us?I would like to know why the entire book, “A Great Cloud of Witnesses,” is not available as a FREE download in PDF. Is keeping Church Publishing in the black sufficient reason to deny the text to those who cannot afford the $45 list price? Saints commemorations approved, but distribution in limbo Chris Harwood says: An Evening with Aliya Cycon Playing the Oud: Crossing continents and cultures with the most beautiful instrument you’ve never heard Lancaster, PA (and streaming online) July 3 July 4, 2015 at 11:41 pm Unfortunately, the two articles – important to me – were unreadable. Some sort of “interference” blocked the text with stamp-like images! Sorry – can we get it some other way? By Sharon SheridanPosted Jul 1, 2015 Liturgy & Music Assistant/Associate Rector Washington, DC Rector and Chaplain Eugene, OR Rector Albany, NY Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Cathedral Dean Boise, ID July 7, 2015 at 11:49 pm Did they remove the non-Christians that were included in HWHM or not? Associate Priest for Pastoral Care New York, NY Rector Knoxville, TN Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Richard Biega says: The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group New Berrigan Book With Episcopal Roots Cascade Books Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York center_img General Convention 2015, Missioner for Disaster Resilience Sacramento, CA Damon Hickey says: January 4, 2017 at 10:14 am Sorry, the $75 list price! Assistant/Associate Rector Morristown, NJ Submit a Job Listing Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Submit an Event Listing Canon for Family Ministry Jackson, MS Family Ministry Coordinator Baton Rouge, LA Rector Belleville, IL Bishop Diocesan Springfield, IL Rector/Priest in Charge (PT) Lisbon, ME Submit a Press Release Rector Martinsville, VA Director of Music Morristown, NJ Rector Smithfield, NC Curate Diocese of Nebraska Featured Jobs & Calls Director of Administration & Finance Atlanta, GA The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group Rector Pittsburgh, PA Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Course Director Jerusalem, Israel Rector Collierville, TN Youth Minister Lorton, VA Comments (8) July 5, 2015 at 4:52 pm R H Lewis, does this mean you are not comfortable with commemoration of Saints at all? Just wondering! Rector Bath, NC Curate (Associate & Priest-in-Charge) Traverse City, MI Rector Tampa, FL Rector Washington, DC Featured Events Damon Hickey says: July 9, 2016 at 6:09 pm Debating who is a saint seems a bit contrary to our Episcopal roots which emphasize the sainthood of all Christians. However, if we can have a fuller Eucharistic lectionary for weekday readings that supplements the Sunday Eucharistic lectionary, that seems a worthy goal. And highlighting achievements of holy people is also a good direction. Tod Roulette says: Press Release Service Comments are closed. Priest Associate or Director of Adult Ministries Greenville, SC Associate Rector for Family Ministries Anchorage, AK last_img read more

Pramerica MD appointed to chair American Chamber’s NW Regional Organisation

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first_img Pinterest Dail hears questions over design, funding and operation of Mica redress scheme Google+ US companies in Ireland are recruiting and have more than 1,250 job vacancies according to a new survey from the American Chamber of Commerce in Ireland.72% of the firms surveyed say they will be recruiting staff this year, with the outlook for the North West Region said to be particularly positive, with over 300 available positions in areas such as IT, Shared Services, Engineering and Research and Development.Meanwhile, Henry McGarvey, Managing Director of Pramerica in Letterkenny was confirmed at the weekend as Chairman of the American Chamber’s North West Region group.He says if the full potential is to be realised, infrastructure must be improved……..[podcast]http://www.highlandradio.com/wp-content/uploads/2010/07/henry3pm.mp3[/podcast] Man arrested in Derry on suspicion of drugs and criminal property offences released Google+ By News Highland – July 5, 2010 WhatsApp Twitter Twitter Facebook Pinterestcenter_img HSE warns of ‘widespread cancellations’ of appointments next week Facebook Newsx Adverts RELATED ARTICLESMORE FROM AUTHOR WhatsApp Dail to vote later on extending emergency Covid powers Previous articleFuture of Largo Foods’ Donegal plant in doubtNext articleSt Cecilia’s College in Derry damaged in vandalism attack News Highland Pramerica MD appointed to chair American Chamber’s NW Regional Organisation Man arrested on suspicion of drugs and criminal property offences in Derry PSNI and Gardai urged to investigate Adams’ claims he sheltered on-the-run suspect in Donegal last_img read more

The Designs Act Conundrum : Who Should Decide The Validity Of A Registered Design – High Court Or The Controller ?

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first_imgColumnsThe Designs Act Conundrum : Who Should Decide The Validity Of A Registered Design – High Court Or The Controller ? Gurudas S Kannur, Senior Advocate12 May 2020 7:29 AMShare This – xIntroduction: As a person creates, innovates or invents, Intellectual property rights step in to acknowledge, encourage and protect the creator, innovator or inventor of his rights in the said product who could also be called either as the owner or proprietor of the said product. The intellectual property laws have been brought into force for the owner of the product to apply,…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIntroduction: As a person creates, innovates or invents, Intellectual property rights step in to acknowledge, encourage and protect the creator, innovator or inventor of his rights in the said product who could also be called either as the owner or proprietor of the said product. The intellectual property laws have been brought into force for the owner of the product to apply, register and enforce his/her rights and to restrain others either to use or imitate without prior permission by initiating legal proceedings and to seek for damages. The origin of Intellectual Property rights in brief: It is believed that IPR may have originated in Italy during the Renaissance era in 1474. It appears late in the 19th century a number of countries felt the necessity of laying down laws regulating IPR. Paris Convention for Protection of Industrial Property signed in Paris, France, 20th March,1883 and Berne Convention for Protection of Literary and artistic works in Berne, Switzerland in 1886. Intellectual property Laws in India broadly cover the following. (i) Trade marks Act 1999 (ii) Copy rights Act 1957 (iii) The patents Act 1970 (iv) Geographical indication of goods(registration and protection) Act, 1999. (v) The Designs Act,2000. The origin of Designs Act, 2000 in brief In India, the law of Designs was governed by Designs act 1911. In view of the progress in science and technology and as the legal system for the protection of industrial designs required to be made more efficient in order to ensure effective protection to registered designs, The present Designs Act, 2000 came into force and the earlier Designs Act, 1911 was repealed. The Conundrum In a suit for infringement of a registered design filed by the registered proprietor, the defendant challenges the validity of the design by taking the defence as enumerated under section 19 of the act and the same is pending before the Hon’ble High Court. The said defendant has also filed an application for cancellation of the said registered design under section 19 of the Act before the Controller and the same is pending before him. The question is should the High Court decide the validity of the Design or wait for the Controller to return a finding on the validity. Before adverting to come to any conclusion we need to look into The Designs Act, 2000, firstly the statement of Objects and reasons , secondly, the relevant provisions and then subsequently compare it with the earlier enactment that is the Designs Act, 1911. The Designs Act, 2000. Statement of Objects and Reasons- Briefly stated – Since the enactment of designs act, 1911, considerable progress has been made in the field of science and technology. The legal system of the protection of industrial designs required to be made more efficient in order to ensure effective protection to registered designs. It is also required to promote design activity in order to promote the design element in an article of production. The proposed designs bill is a sensually and to balance the interest. It is also intended to ensure that the law does not unnecessarily extend protection beyond what is necessary to create the required incentive for designed activity while removing impediments to the free use of available designs. To achieve these purposes, the bill incorporates, inter alia the following namely; (a) it enlarges the scope of definition of “article” and “design” and introduces definition of “original”; (b) it amplifies the scope of “prior publication” (d) it contains provisions for identification of non-registrable designs; (g) it contains provision for maintaining the register of designs on computer; (i) it contains provision for appeal against order of the controller before the High Court instead of central government as existing; (l) It introduces additional grounds in cancellation proceedings and makes provision for initiating the cancellation proceedings before the controller in place of High Court. The Hon’ble Supreme Court of India in Bharath glass cube Ltd versus Gopal glass Works Ltd reported in (2008) 10 SCC 657 with regard to the object of the Designs Act, 2000 held as follows; The sole purpose of this act is protection of intellectual property right of original design for a period of 10 years or whatever further period the protection is extendable. The object behind this enactment is to benefit person for his research and labour put in by him to evolve new and original design. This is the sole aim of enacting this act. It has also laid down that if a design is not new original or published previously then search design should not be registered. It further lays down that if it has been disclosed to the public anywhere in India or any other country by publication in tangible form or values or in any other way prior to the filing date, or where applicable, the priority date of the application for registration then search design will not be registered or if it is found that it is not significantly distinguishable from non-designs or combination of non-design then search design shall not be registered. It also provides that registration can be cancelled under section 19 of the act if proper application is filed before the competent authority that is the controller that the design has been previously registered in India or published in India or in any other country prior to the date of registration or that the design is not a new or original design or that the design is not registrable under this act or that it is not a design as defined in clause be of section 2. The controller after hearing both the parties if satisfied that the design is not new or original or that it has already been registered or if it is not registrable, cancel such a registration and aggrieved against that order, appeal shall lie to the High Court. Relevant Provisions of the Designs Act, 2000 Section 2(d) “Design” means only the feature of shape, configuration, pattern, ornament of composition of lines or colours applied to any article weather in two dimensional or three-dimensional or in both forms by any industrial process or means, whether manual, mechanical or chemical, separate or combine, which in the finished article appeal to and a judged solely by the eye but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act , 1958 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957but does not include any more or principal of construction or anything which is in substance made mechanical . Section 4. Prohibition of registration of certain designs:— A design which— (i) is not new or original; or (ii) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or (iii) Is not significantly distinguishable from known designs or combination of known designs; or (iv) Comprises or contains scandalous or obscene matter, shall not be registered. Section 19 Cancellation of registration – (1) Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:- (a) that the design has been previously registered in India; or (b) that it has been published in India or in any other country prior to the date of registration; or (c) that the design is not a new or original design; or (d) that the design is not registerable under this Act; or (e) that it is not a design as defined under clause (d) of section 2. (2) An appeal shall lie from any order of the Controller under this section 10 the High Court, and the Controller may at any time refer any such petition to the High Court, and the High Court shall decide any petition so referred Section 22. Piracy of registered design – only the relevant provisions are extracted: (1) During the existence of copyright in any design it shall not be lawful for any person- (a) for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied If any person acts in contravention of this section, he shall be liable for every contravention – (a) to pay to the registered proprietor of the design a sum not exceeding Rs.25,000 recoverable as a contract debt, or (b) If the proprietor elects to bring a suit for the recovery of damages, for any such contravention, and for an injunction against the reputation thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly Provided that the total sum recoverable in respect of any one design under clause (a) A shall not exceed Rs.50,000. Provided further that no suit or any other proceedings for relief under this sub-section shall be instituted in any court below the court of District Judge. (3) In any suit or any other proceeding for relief under sub-section (2), every ground on which the registration of a design may be cancelled under Section 19 shall be available as a ground of defence. (4) Notwithstanding anything contained in the second proviso to sub-section (2), where any ground on which the registration of a design may be cancelled under Section 19 years been availed of as a ground of defence and sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceeding shall be transferred by the court, in which the suit or such other proceeding is pending, to the High Court for decision. (5) When the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs. Jurisdiction: Proviso to Section 22 (2) mandates that the suit for infringement cannot be instituted below the Court of a District Judge. The first question that would arise where would you file a suit where the High Court has original jurisdiction like Bombay, Calcutta, Madras and Delhi. The Hon’ble Division bench of High Court of Delhi In Penguin Books Limited case reported in Air 1985 Delhi 29 has held that District Court would include High Court. Hence suits for infringement can be instituted in the High Court exercising original jurisdiction. However this is subject to pecuniary jurisdiction. The matters are listed before the Commercial Court governed by Commercial Courts, Commercial Division, Appellate Division of High Court Act, 2015. The second question that would arise is if the suit is filed in the District Court and the defendant taken up a defence as provided under Sec. 19 that design could not be registered, then the District Court loses its jurisdiction and the suit is necessarily requires to be transferred to High Court as per Section 22 (4). Though the statute is very clear, Section 22 (4) came up for interpretation and the High Courts have held that in a suit for infringement , if a defence challenging the design under Sec. 19 is taken up then the suit has to be transferred to the High Court. The Delhi high court in Novartis Ag case reported in 2015 and full bench Mohan lal case reported in 2013, Karnataka High Court in Videocon case reported in 2015 have held that once the defence with regard to invalidity is taken up then the district court shall transfer the suit to the High Court for decision. The Authority to decide on the Validity of Design: Section 22(4) states that notwithstanding anything contained in the second proviso to sub-section (2), where any ground on which the registration of a design may be cancelled under Section 19 years been availed of as a ground of defence and sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceeding shall be transferred by the court, in which the suit or such other proceeding is pending, to the High Court for decision. Section 22(5) states that when the Court makes a decree in a suit under sub section (2), it shall send a copy of the decree to the controller, who shall cause an entry thereof to be made in the register of designs. The defendant can also file a cancellation petition before the controller as per section 19, challenging the registered design on the grounds mentioned therein and sub-section (2) states that appeal lies to the High Court against the order of the Controller. In my view, this would indicate that both the High Court under section 22(4) and the Controller under section 19 would have the jurisdiction to hold that the design could not have been registered. Solution to the Conundrum To solve the said conundrum it would be useful to look into section 51-A of Designs Act of 1911 and section 19 of the Designs Act,2000. 51-A. Cancellation of registration- (1) any person interested may present a petition for the cancellation of the registration of a design (a)At any time after the registration of the design, to the High Court on any of the following grounds namely (i)That the design has been previously registered in India or (ii)That it has been published in India prior to the date of registration or (iii)That the design is not a new or original design all (b)Within one year from the date of the registration, to the controller on either of the ground specified in clauses(i) and (ii) Section 51 A.(1)(a) very clearly provides that any time after registration of the design an application for cancellation of the registered of the registration could be made to the High Court on the grounds indicated therein. However Section 19 of the 2000 Act provides for filing the cancellation petition before the controller and a person aggrieved by the said order can file an appeal to the High Court under section 19(2). The Hon’ble Supreme court in Godrej Sara Lee reported in (2010) 2 SCC 535 was required to answer as to whether the Delhi High Court had the jurisdiction to entertain the appeal against the order passed by the controller of Designs at Kolkata. The Delhi Court held that appeals were maintainable and it had the jurisdiction to entertain the same. The Hon’ble Supreme court held that since cancellation petition was filed in Kolkata, the appeal arose out of the cancellation petition, Delhi High Court did not have the jurisdiction and more so as the parties to the suit were from Kolkata, cause of action arose in Kolkata and hence Kolkata High court would have the jurisdiction. However the Hon’ble supreme court while dealing with section 51-A of the old act of 1911 which states that the high court has original jurisdiction to decide the cancellation petition and section 19 of the new act gives exclusive jurisdiction to the controller, made a passing reference that under the new act the controller has the jurisdiction to decide the cancellation petition and the High court would have appellate jurisdiction. However no law has been laid down with regard to same and since there is no authoritative pronouncement as yet on the issue, the confusion persists. Conclusion: Section 51-A of Designs Act of 1911 provided for exclusive jurisdiction to the High Court to decide the cancellation petition. The Designs Act of 2000 has deliberately given the exclusive jurisdiction to the controller under section 19 for cancellation and an appeal is provided to challenge the order of the Controller to the High court under section 19(2). in a suit for infringement, if every ground on which registration of the design may be cancelled under section 19 is taken up as a defence and is pending consideration and a cancellation petition is also filed before the controller and is pending consideration. In my view, the Hon’ble High Court should await the decision of the controller and then proceed to decide the issue of infringement. The objective of giving the jurisdiction to the controller to decide the validity of the registered Design in my view, is because the issues involved would be highly technical in nature and the controller who considers the application for registration of the design is an expert in the field and is better suited to decide the cancellation petition. The High court would also have the benefit of the order to decide the appeal preferred by the aggrieved. The designs act is still in the nascent stage and requires more deliberation on various aspects including the jurisdictional issues.Views Are Personal Only. Next Storylast_img read more

Karnataka Assembly Passes Bill To Ban Slaughter Of All Cattle Except Buffalo Aged Above 13 Years

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first_imgNews UpdatesKarnataka Assembly Passes Bill To Ban Slaughter Of All Cattle Except Buffalo Aged Above 13 Years LIVELAW NEWS NETWORK10 Dec 2020 12:59 AMShare This – xThe Karnataka Assembly passed on Wednesday a bill to ban the slaughter of all cattle except buffalo aged above the age of 13 years.The bill defines “cattle” as “cow, calf of a cow and bull, bullock and he or she buffalo below the age of thirteen years”.”Beef” is defined as “flesh of cattle in any form”.The bill titled the Karnataka Prevention of Slaughter and Preservation of Cattle Bill,…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Karnataka Assembly passed on Wednesday a bill to ban the slaughter of all cattle except buffalo aged above the age of 13 years.The bill defines “cattle” as “cow, calf of a cow and bull, bullock and he or she buffalo below the age of thirteen years”.”Beef” is defined as “flesh of cattle in any form”.The bill titled the Karnataka Prevention of Slaughter and Preservation of Cattle Bill, 2020, imposes a total ban on the slaughter of cattle.”Notwithstanding anything contained in any law, custom or usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter or otherwise intentionally kill or offer or cause to be offered for killing any cattle”, says Section 4 of the Bill.While many states have laws against cow slaughter, most of them exempt buffalo from the prohibition. Karnataka has widened the ambit of the prohibition by covering buffaloes below the age of 13 years.The bill further prohibits transportation of cattle within or outside the state for the purpose of slaughter.The bill also states the no person should purchase, sell or otherwise dispose of or offer to do so any cattle for slaughter or knowing or having reason to believe that such cattle will be slaughtered.A police officer above the rank of sub-inspector, if he has “reason to believe” that an offence under this Act has been committed, can inspect any premises and conduct a search.As per the bill, seized cattle will be handed over to the care of state-run organizations.The offences are cognizable and violations can be punished with imprisonment of three to five years and fine ranging from Rs 50,000 to Rs 5 lakh. There is also a provision for the forfeiture of the confiscated cattle, vehicles, materials and premises to the State on conviction.The exemptions under the 2020 Bill are buffaloes above the age of 13 years and certified by a competent authority, cattle used in medical research, cattle certified for slaughter by a veterinarian to prevent spread of a disease, and very sick cattle.The bill also repeals the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act 1964.  Under the 1964 law, slaughter of bullock or buffalo was permissible with certification from the competent authority as the ban was only on the slaughter of “cow or calf of she-buffalo”.The bill was passed in the Assembly yesterday amid a walkout staged by the opposition of Congress and JD(S).Prabhu Chavan, minister for animal husbandry and fisheries, said that a new law was necessary to preserve cattle.Protesting the passage of the bill, leader of Opposition and former Chief Minister Siddaramaiah  tweeted that “the govt is trying to cover up their failures and misguide people by bringing up issues like Anti-Cow slaughter bill”.The bill now awaits the nod of the Legislative Council.Update on December 11 : The Government did not table the bill before the Legislative Council before both houses of the legislature adjourned sine die on December 10.Click here to read/download the BillSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

US payroll and coaching experts gain best pay rises

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first_img Previous Article Next Article Related posts:No related photos. Comments are closed. US payroll and coaching experts gain best pay risesOn 3 Jul 2001 in Personnel Today Specialists in payroll, training and diversity in the US received the bestpay rises in HR in 2000, according to research. The joint research by the Society for Human Resource Management (SHRM) andWilliam M Mercer shows that technical trainers’ pay has increased by 15.2 percent last year to around $58,100 (£41,000) while diversity managers’ pay hasgone up 11.5 per cent to around $90,000 (£64,000). The more widespread HR roles saw a wide range of median pay increases,ranging from 8.7 per cent for a payroll manager to 2 per cent for acompensation analyst or HR generalist. Lower-level positions, including administrative, clerical, and generalistroles, received pay increases of 2 per cent or less. Patricia Schaeffer, senior compensation consultant at William M Mercer,said, “The economic uncertainty appears to be holding down pay increasesin certain areas where qualified HR talent is more readily available, includingmany of the entry-level positions. “However, in certain areas – including jobs requiring specialisedskills, such as corporate security and HR information systems – pay rose at afairly brisk pace.” Several new roles were included in the survey, including immigration andexpatriate services manager and HR service centre representative. Debra Cohen, director of research for SHRM, said, “These new jobsreflect the evolving role of HR. The increasing globalisation of the workforcehas caused a number of companies to create new positions specifically to dealwith immigration and expatriate issues. The addition of the service centrepositions reflects the new and different ways that HR delivers services to itscustomers.” The survey gathered data from 1,156 companies and 103 different HR roles,ranging from senior management to clerical positions. www.shrm.orglast_img read more

Orlando City tops Real Salt Lake 3-1 for 6th straight win

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first_img FacebookTwitterLinkedInEmailORLANDO, Fla. (AP) — Yoshimar Yotun had a goal and an assist to help Orlando City beat Real Salt Lake 3-1 on Sunday night for its franchise-record sixth consecutive win.Lamine Sane headed home a corner kick from Yotun in the 63rd minute to give Orlando City (6-2-1) a 2-1 lead. It was the first MLS goal for the 31-year-old defender, who signed with Orlando City on Feb. 20.Real Salt Lake’s Corey Baird chipped it over a sliding Joe Bendik into a wide-open net to open the scoring in the 12th minute. Damir Kreilach’s arcing pass from midfield led Baird into the left side of the area, where he raced past Sane for the finish.Dom Dwyer made it 1-1 in the 60th minute, heading home a cross from Sacha Kljestan for his sixth goal — second most in MLS — in six games this season. Yotun, from the near the spot, hammered home the rebound of a shot by Dom Dwyer to cap the scoring in the 78th.Bendik had eight saves, his most since recording 10 stops on April 24, 2016.Real Salt Lake (3-5-1) in winless in its last nine road games. May 6, 2018 /Sports News – Local Orlando City tops Real Salt Lake 3-1 for 6th straight win Written by Tags: MLS/Real Salt Lake/Soccer Associated Presslast_img read more

Scoreboard roundup — 5/30/19

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first_img FacebookTwitterLinkedInEmailiStock(NEW YORK) — Here are the scores from Thursday’s sports events:AMERICAN LEAGUETampa Bay 14, Minnesota 3Kansas City 4, Texas 2Chicago White Sox 10, Cleveland 4L.A. Angels 9, Seattle 3Boston at N.Y. Yankees 7:05 p.m., postponedNATIONAL LEAGUESt. Louis 5, Philadelphia 3San Francisco 3, Miami 1Colorado 11, Arizona 10; 10 InningsMilwaukee 11, Pittsburgh 5L.A. Dodgers 2, N.Y. Mets 0NATIONAL BASKETBALL ASSOCIATION PLAYOFFSToronto 118, Golden State 109Copyright © 2019, ABC Radio. All rights reserved. May 31, 2019 /Sports News – National Scoreboard roundup — 5/30/19 Written bycenter_img Beau Lundlast_img

Hume, Radebaugh ice N. Colorado’s 68-66 win over S. Utah

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first_img Tags: Big Sky/Bodie Hume/Jonah Radebaugh/Northern Colorado Bears/SUU Thunderbirds Basketball FacebookTwitterLinkedInEmailGREELEY, Colo. (AP) — Bodie Hume hit a dagger 3-pointer with six seconds remaining and Jonah Radebaugh added an insurance free throw as Northern Colorado fended off Southern Utah 68-66.Hume scored 16 points with four 3-pointers and Radebaugh scored 19, grabbed 10 rebounds and made five assists as Northern Colorado survived a Southern Utah comeback.The Thunderbirds trailed by 14 at the half but fought back into a 64-64 tie with 38 seconds to go. John Knight III led Southern Utah with a career-high 23 points. February 20, 2020 /Sports News – Local Hume, Radebaugh ice N. Colorado’s 68-66 win over S. Utah Written by Associated Presslast_img read more