Bare Act Search Results

The Commercial Courts, Commercial Division &Amp; Commercial Appellate Division Of High Courts Act, 2015 Complete Act

State: Central

Year: 2015

.....APPELLATE DIVISION OF HIGH COURTS ACT, 2015 THE COMMERCIAL COURTS, COMMERCIAL DIVISION & COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015 NO. 4 OF 2016 An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. Be it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows: CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 23rd day of October, 2015. Definitions. 2. (1) In this Act, unless the context otherwise requires, (a) Commercial Appellate Division means the Commercial Appellate Division in a High Court constituted under sub-section (1) of section 5; (b) Commercial Court means the Commercial Court constituted under sub-section (1) of section 3; (c) commercial dispute .....

The Arbitration And Conciliation (Amendment) Act, 2015 Complete Act

State: Central

Year: 2015

.....2015 THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2015 NO. 3 OF 2016 [31st December, 2015.] An Act to amend the Arbitration and Conciliation Act, 1996. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows: Short title and commencement. 1. (1) This Act may be called the Arbitration and Conciliation (Amendment) Act, 2015. (2) It shall be deemed to have come into force on the 23rd October, 2015. Amendment of section 2. 2. In the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the principal Act), in section 2, (I) in sub-section (1), (A) for clause (e), the following clause shall be substituted, namely: (e) Court means (i) in the case of an arbitration other than international commercial arbitration, the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any Civil Court of a grade inferior to such principal Civil Court, or any Court of Small Causes; (ii) in the.....

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Chapter 4

Title: Procedure of Tribunals

State: Central

Year: 1993

.....1 of 2000, sec. 9, for section 19 (w.r.e.f. 17-1-2000). 2. Inserted by The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 Section 20 - Appeal to the Appellate Tribunal (1) Save as provided in sub-section (2), any person aggrieved by an order made, or deemed to have been made, by a Tribunal under this Act, may prefer an appeal to an Appellate Tribunal having jurisdiction in the matter. (2) No appeal shall lie to the Appellate Tribunal from an order made by a Tribunal with the consent of the parties. (3) Every appeal under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made, or deemed to have been made, by the Tribunal is received by him and it shall be in such form and be accompanied by such fee as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it with in that period. (4) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass.....

Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Section 19

Title: Application to the Tribunal

State: Central

Year: 1993

.....recovered: Provided further that nothing contained in this sub-section relating to fee shall apply to cases transferred to the Tribunal under sub-section (1) of section 31- (4) On receipt of the application under sub-section (1) or sub-section (2), the Tribunal shall issue summons requiring the defendant to show cause within thirty days of the service of summons as to why the relief prayed for should not be granted. (5) The defendant shall, at or before the first hearing or within such lime as the Tribunal may permit, present a written statement of his defence. (6) Where the defendant claims to set-off against the applicant's demand and ascertained sum of money legally recoverable by him from such applicant, the defendant may, at the firs! hearing of the application, but not afterwards unless permitted by the Tribunal, present a written statement containing the particulars of the debt sought to be set-off. (7) The written statement shall have the same effect as a plaint in a cross-suit so as to enable the Tribunal to pass a final order in respect both of the original claim and of the set-off. (8) A defendant in an application may, in addition to his right of pleading.....

Patents Act, 1970 (39 of 1970) Chapter XVII

Title: Use of Inventions for Purposes of Government and Acquisition of Inventions by Central Government

State: Central

Year: 1970

.....in respect of a patent which has been the subject of an authorisation under this sectoin, there is an exclusive licensee as is referred to in sub-section (3) of section 101, or where such patent has been assigned to the patentee in consideration of royalties or other benefits determined by reference to the use of the invention (including payments by way of minimum royalty), the notice directed to be given under sub-section (5) shall also be given to such exclusive licensee or assignor, as the case may be, and the reference to the patentee in sub-section (3) shall be deemed to include a reference to such assignor or exclusive licensee. ________________________ 1. Substituted by Patents Amendment Act, 2005 ( 15 of 2005) for the words: the acceptance of the complete specification in respect of the patent 2. Substituted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Prior to substitution it read as under "Provided that in the case of any such use of any patent in respect to any medicine or drug or article of food the royalty and other remuneration shall in no case exceed four per ccni of the net ex-factory sale price in bulk of the patented article.....

Patents Act, 1970 (39 of 1970) Section 103

Title: Reference to High Court of Disputes as to Use for Purposes of Government

State: Central

Year: 1970

.....of Government. (5) In any proceedings under this section, the High Court may at any time order the whole proceedings or any question or issue of fact arising therein to be referred ot an official referee, commissioner or an arbitrator on such terms as the High Court may direct, and references to the High Court in the foregoing provisions of this section shall be construed accordingly. (6) Where the invention claimed in a patent was made by a person who at the time ih was made was in the service of the Central Government or of a State Government or was an employee of a Government undertaking and the subject-matter of the invenlion is certified by the relevant Government or the principal officer of the Government undertaking to be connected with the work done in the course of the normal duties of the Government servant or employee of the Government undertaking, then, notwithstanding anything contained in this section, any dispute of the nature referred to in subsection (1) relating to the invention shall be disposed of by the Cenlral Government conformably to the provisions of this section so far as may be applicable, but before doing so the Central Government shall give an.....

Patents Act, 1970 (39 of 1970) Amending Act II

Title: Amendment Act

State: Central

Year: 1970

.....date of the applicant's claim; (f)that the subject of any claim of the complete specification is not an inventionwithin the meaning of this Act, or is not patentable under this Act; (g)that the complete specification does not sufficiently and clearly describe theinvention or the method by which it is to be performed; (h)that the applicant has failed to disclose to the Controller the informationrequired by section 8 or has furnished the information which in any materialparticular was false to his knowledge; (i)that in the case of a convention application, the application was not madewithin twelve months from the date of the first application for protection forthe invention made in a convention country by the applicant or a person fromwhom he derives title; (j)that the complete specification does not disclose or wrongly mentions the sourceor geographical origin of biological material used for the invention; (k)that the invention so far as claimed in any claim of the complete specificationis anticipated having regard to the knowledge, oral or otherwise, availablewithin any local or indigenous community in India or elsewhere, buton no other ground,' andthe.....

Code of Civil Procedure, 1908 Part X

Title: Rules

State: Central

Year: 1908

..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....

Code of Civil Procedure, 1908 Section 128

Title: Matters for Which Rules May Provide

State: Central

Year: 1908

.....any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely: (a) the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service; (b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale; (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction ; (d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts; (e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not; (f) summary procedure (i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising .....

Code of Civil Procedure, 1908 Amending Act 2

Title: Code of Civil Procedure (Amendment) Act, 2002

State: Central

Year: 1908

.....expired before the commencement of the Code of Civil Procedure (Amendment) Act, 2002.". 15. Amendment of the Code of Civil Procedure (Amendment) Act, 1999 In the Code of Civil Procedure (Amendment) Act 1999 (46 of 1999),-- (a) section 30 shall be omitted; (b) in section 32 in sub-section (2),-- (i) clauses (g) and (h) shall be omitted; (ii) for clause (j), the following clause shall be substituted, namely:-- "(j) the provisions of rules 1,2, 6,7, 9, 9A, 19A, 21, 24 and 25 of Order V of the First Schedule as amended or, as the case may be, substituted or omitted by section 15 of this Act, and by section 6 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in respect of any proceedings pending before the commencement of section 15 of this Act and section 6 of the Code of Civil Procedure (Amendment) Act, 2002;"; (iii) for clause (k), the following clause shall be substituted, namely:-- "(k) the provisions of rules 9,11,14,15 and 18 of Order VII of the first Schedule as amended or, as the case may be, substituted or omitted by section 17 of this Act and by section 8 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in.....