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Home Bare Acts Phrase: mischievousPatents Act, 1970 (39 of 1970) Chapter XII
Title: Surrender and Revocation of Patents
State: Central
Year: 1970
.....for the grant of a patent outside India in contravention of section 39]5 [***]; (o) that leave to amend the complete specification under section 57 or section 58 was obtained by fraud. 4 [(p) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (q) that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.] (2) For the purposes of clauses (e) and (f) of sub-section (1)- (a) no account shall be taken of6 [personal document or secret trial or secret use]; and (b) where the patent is for a process or for a product as made by a process described or claimed, the importation into India of the product made abroad by that process shall constitute knowledge or use in India of the invention on the date of the importation, except where such importation has been for the purpose of reasonable trial or experiment only. (3) For the purpose of clause (1) of sub-section (1) no account shall be taken of any use of the.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 66
Title: Revocation of Patent in Public Interest
State: Central
Year: 1970
Where the Central Government is of opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....
List Judgments citing this sectionMarriages Validation Act, 1892 Complete Act
State: Central
Year: 1892
.....to be null and void, or to any case where either of the parties has, since the solemnization of such marriage and prior to the commencement of this Act, contracted a valid marriage. "This section as originally drafted proposed to validate all marriages of the kind referred to which may be solemnized within three months after the commencement of the Act. We have omitted this provision as we understand that the attention of all the Local Governments has already been drawn by the Government of India to the requirements of the law and that all persons licensed under S. 9 of the Indian Christian Marriage Act, 1872, must by this time have been informed how the law really stands. We think, therefore, that any further extension of this time is unnecessary, and might be mischievous. We have at the same lime inserted a provision that the validation contemplated by Section 3-shall not apply to (1) marriages already judicially declared to be void, or (2) to cases in which, subsequent to the solemnisation of any such invalid marriage, and before the commencement of this Act, one of the parties has contracted a valid marriage. The equity of these additional provisions is obvious."-S.C.R. .....
List Judgments citing this sectionPatents Act, 1970 Complete Act
State: Central
Year: 1970
.....falling within sub-section (1) of (section 20 of the Atomic Energy Act, 1962 (33 of 1962)) . (1)Inventions where only methods or processes of manufacture patentable. In the case of inventions- (a) claiming substances intended for use, or capable of being used, as food or as medicine or drug, or (b) relating to substances prepared or produced by chemical processes (including alloys, optical glass, semi-conductors and inter-metallic com- pounds), no patent shall be granted in respect of claims for the Substances themselves, but claims for the methods or processes of manufacture shall be patentable. (2)Notwithstanding anything contained in sub-section (1), a claim for patent of an invention for a substance itself intended for use, or capable of being used, as medicine or drug, except the medicine or drug specified under sub-clause (v) of clause(l) of sub-section(1) of Section 2, may be made and shall be dealt, without prejudice to the other provisions of this Act, in the manner provided in Chapter IV-A. SECTION 5 : 5 [* * * * *] CHAPTER 3 : APPLICATIONS FOR PATENTS SECTION 6 : Persons entitled to apply for patents (1) Subject to the provisions contained in (section 134) ,.....
List Judgments citing this sectionThe Maharashtra Value Added Tax Act, 2002 Complete Act
State: Maharashtra
Year: 2002
.....by the State Government under sub-section (3) of section 1 ]; (4) "business" includes, - (a) any service, (b) any trade, commerce or manufacture; (c) any adventure or concern in the nature of service, trade, commerce or manufacture; whether or not the engagement in such service, trade, commerce, manufacture, adventure or concern is with a motive to make gain or profit and whether or not any gain or profit accrues from such service, trade, commerce, manufacture, adventure or concern. Explanation ." For the purpose of this clause, (i) the activity of raising of man-made forest or rearing of seedlings or plants shall be deemed to be business. (ii) any transaction of sale or purchase of capital assets pertaining to such service, trade, commerce, manufacture, adventure or concern shall be deemed to be a transaction comprised in business. (iii) sale or purchase of any goods, the price of which would be credited or, as the case may be, debited to the profit and loss account of the business under the double entry system of accounting shall be deemed to be transactions comprised in business. (iv) any transaction in connection with the commencement or closure of.....
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