Skip to content


Bare Act Search Results

Home Bare Acts Phrase: obvious

All India Services Act, 1951 Complete Act

State: Central

Year: 1951

.....309, the Government of India is now compelled to deal with many of these matters by means of non-statutory executive orders. This is neither satisfactory nor quite justifiable. 2. Before the commencement of the Constitution, the Government of India issued the Indian Civil Administrative Cadre Rules and the Indian Police Service Cadre Rules. Although these Rules, in so far as they are not inconsistent with the Constitution, are continued in force by Article 313of the Constitution, they authorise the regulation of only such items relating to the conditions of service as had already been settled. Emergency recruitment to these services to fill the gaps left by the departure of the British element in the I.C.S. and the Indian Police was still in progress at that time. Many matters relating to the conditions of service of such officers were only decided after the Constitution had come into force. Other very important matters such as the fixation of retirement benefits have yet to be settled. Arrangements have also been completed recently to extend the Indian Administrative Service and the Indian Police Service schemes to the Part B States. 3. It is necessary that Parliament should.....

List Judgments citing this section

Code 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 section

Patents 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 section

Designs Act, 2000 Chapter 5

Title: Legal Proceedings

State: Central

Year: 2000

.....any fraudulent or obvious imitation thereof; or (c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article. (2) 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 twenty-five thousand rupees 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 repetition 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) shall not exceed fifty thousand rupees: Provided further that no suit or any other proceeding 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.....

View Complete Act      List Judgments citing this section

Designs Act, 2000 Section 22

Title: Piracy of Registered Design

State: Central

Year: 2000

.....any fraudulent or obvious imitation thereof; or (c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article. (2) 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 twenty-five thousand rupees 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 repetition 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) shall not exceed fifty thousand rupees: Provided further that no suit or any other proceeding 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.....

View Complete Act      List Judgments citing this section

Patents Act, 1970 (39 of 1970) Section 25

Title: Opposition to the Patent

State: Central

Year: 1970

.....(ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub-section (2) or sub-section (3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India, being a claim of which the priority date is earlier than that of the applicant's claim; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used ion India before the priority date of that claim. Explanation - For the purposes of this clause, an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification is.....

View Complete Act      List Judgments citing this section

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

Title: Amendment Act

State: Central

Year: 1970

.....have made significantinvestment and were producing and marketing the concerned product prior to 1stday of January, 2005 and which continue to manufacture the product covered bythe patent on the date of grant of the patent and no infringement proceedingsshall be instituted against such enterprises.". 11.Amendment of section 11B Insection 11B of the principal Act,- (a)for sub-section (1), the following sub-section shall be substituted, namely:- "(1)No application for a patent shall be examined unless the applicant or any otherinterested person makes a request in the prescribed manner for such examinationwithin the prescribed period."; (b)sub-section (2) shall be omitted; (c)for sub-section (3), the following sub-section shall be substituted, namely:- "(3)In case of an application in respect of a claim for a patent filed undersub-section (2) of section 5 before the 1st day of January, 2005 a request forits examination shall be made in the prescribed manner and within the prescribedperiod by the applicant or any other interested person."; (d)in sub-section (4),- (i)the words, brackets and figure "or sub-section (2)" shall be omitted; (ii)for the proviso, the.....

View Complete Act      List Judgments citing this section

Designs Act, 1911 [Repealed] Part II

Title: Designs

State: Central

Year: 1911

.....or article or publishing a description of the design.] _______________________ 1. Substituted by Act 12 of 1939, section 12, for the original section. Section 53 to 54 - Legal Proceedings Section 53 - Piracy of registered design (1) During the existence of copyright in any design it shall not be lawful for only person-- (a) for the purpose of sale to apply or cause to be applied to any article in any class of goods 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; or 1[(aa) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or] (b) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article1[in any class of goods in which the design is registered] without the consent of the registered proprietor, to publish or expose or cause to be published or.....

View Complete Act      List Judgments citing this section

Designs Act, 1911 [Repealed] Section 53

Title: Piracy of Registered Design

State: Central

Year: 1911

.....hundred rupees 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 repetition 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) shall not exceed one thousand rupees. (3) 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. _______________________ 1. Inserted by Act 12 of 1939, section 13.

View Complete Act      List Judgments citing this section

Designs Act, 1911 [Repealed] Repealing Act 1

Title: Designs Act, 2000

State: Central

Year: 1911

.....provision. 2. Definitions In this Act, unless there is anything repugnant in the subject or context, - (a) "article" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately; (b) "Controller" means the Controller-General of Patents, Designs and Trade Marks referred to in section 3; (c) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered; (d) "design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are 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.....

View Complete Act      List Judgments citing this section

  • << Prev.

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial

Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //