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Telemecanique and Controls (i) Limited Vs. Schneider Electric Industri ...

Court : Delhi

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Patents Act, 1970 - Sections 64, 68, 83, 90 and 107; Patents Rules, 1972 - Rules 73 and 74; Designs Act, 1911 - Sections 2(5); Designs (Amendment) Act, 2000 - Sections 2; Indian Law

Reported in : 94(2001)DLT865

visible and not having any aesthetic consideration. Reference was made in this behalf to Section 2(5) of the Designs Act, 1911 to contend that a design to defined not to include any mode or principle of construction or anything … would have been hit by Limitation under Section 68 of the Patents Act read with Rules 73 and 74 of The Patents Rules since no Form 16 had been filed. It was thus contended that the document

Haripada Moitra Vs. President, Calcutta Improvement Tribunal

Court : Kolkata

Subject : Civil

Acts : Constitution of India - Articles 226 and 227; ;Calcutta Improvement Act, 1911 - Section 74

Reported in : AIR1970Cal154

the matter of taking disciplinary action against officers appointed by him under the provisions of the Calcutta Improvement Act, 1911. He contends that Article 311 of the Constitution does not apply and no rules have been framed under … 'larger, untrammelled and uncontrolled power' and the said powers have not been regulated by any Rules made under Section 74(2) of the Act. The petitioner further contends that the provisions of Section 74 of the Act giving absolute … in 1935 and was promoted as Chief Ministerial Officer in 1938, the designation of which part was changed to Superintendent of the Improvement Tribunal.His retirement

Scooters India Ltd. Vs. Java Hind Industries Ltd.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 25; Patent Rules, 1972 - Rule 35

Reported in : AIR1988Delhi82; 1988(1)ARBLR255(Delhi); 33(1987)DLT298

Bhushan in support of the petition and Mr. N.K. Anand in opposition thereto. (4) The Indian Patents and Designs Act, 1911 contained provisions both relating to Patents as well as to Designs. With the enactment of the Patents Act, … High Court for that State. Section 2(l)(r) defines 'Patent office' to mean the patent office referred to in Section 74 of the Act. Then, sub-section (2) of Section 2 is as under :- '(2) In this Act, unless

Pravinbhai Jagjivandas Mehta Vs. Officine Lovato S.P.A.

Court : Gujarat

Subject : Intellectual Property Rights

Acts : Designs Act, 1911 - Sections 51A and 53; Designs (Amendment) Act, 2000 - Sections 22; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4

Reported in : 2002(25)PTC161(Guj)

discuss various authorities cited at the Bar regarding interpretation of provisions of Sections 51A and 53 of the Designs Act, 1911 as the controversy in question is governed by the provisions of the Designs Act, 2000, (new Act or … Mehta in five suits filed by him against defendant No. 1 Officine Lovato S.P.A. (the first defendant) under Section 22 of the Designs Act, 2000 (the Act). Since in all the five suits the parties are the … Expenses1995-96 2.20 lakhs1996-97 551.11 lakhs 217.74 lakhs1997-98(upto 30th Sept. 1997) 222.83 lakhs 74.86 lakhsThe plaintiff in that case had made substantial investment and developed the

Bharat Glass Tube Limited Vs. Gopal Glass Works Limited

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Designs Act, 2000 - Sections 1, 1(3), 2, 3, 4, 5, 6, 7, 9, 10, 11, 11(2), 12, 17, 18, 19, 22, 32, 36, 37, 44 and 51; Designs Act, 1911 - Sections 51A; Trade and Merchandise Marks Act, 1958 - Sections 2 and 2(1); Indian Penal Code (IPC), 1860 - Sections 479; Copyright Act, 1957 - Sections 2; Registered Designs Act, 1949; Designs Rules, 2001 - Rules 11 and 29

Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520; [2008] 7 SCR 397

such. The statement of objects and reasons read as under:STATEMENT OF OBJECTS AND REASONSSince the enactment of the Designs Act, 1911 considerable progress has been made in the field of science and technology. The legal system of the protection … and Howe on Industrial Designs (Seventh Edition) at para 3.11 at page 74 which reads as under:3-11. This definition contains a cumulative series of requirements, … by anyone else. On or about 29.10.2002 the respondent applied to the Controller of Patents and Designs under Section 51 of the Act of 2000 for registration of the said design in Class 25-01. The said design

N.V. Philips Vs. Commissioner of Income-tax (No. 1)

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 9(1), 256(1) and 263; ;Finance Act, 1976; ;Patents Act, 1970; ;Indian Patents and Designs Act, 1911; ;Companies (Profits) Surtax Act, 1964 - Schedule - Rule 1

Reported in : (1987)65CTR(Cal)103,[1988]172ITR521(Cal)

considered the definition of the word 'patent' in the Patents Act, 1970, and the Indian Pa tents and Designs Act, 1911, and also the provisions therein for the grant and user of patents and held that a patent was … the assessee as the same were technical assistance fees. The Commissioner subsequently set aside the said assessment under Section 263 of the Income-tax Act, 1961 ('the Act'), as he was of the opinion that the payments received

Cadila Healthcare Ltd. Vs. Gujarat Co-operative Milk Marketing Federat ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rules 1, 2 and 4; Designs Act, 1911; Gujarat Co-operative Societies Act, 1967 - Sections 167

Reported in : LC2007(3)497; 2008(36)PTC168(Del)

technology manufacturing process.7. The tablet dispensary container of 'Sugar Free' is stated to have obtained registration under the Designs Act, 1911. It is further submitted by the plaintiff that it has already been successful in securing registration of the … Sugar Free range of products, the plaintiff has been successful in capturing 74% of the Indian market catering to artificial sweeteners/sugar substitutes.10. The plaintiff claims … the plaintiff filed an application being I.A. No. 3847/2007 under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter, 'CPC') for seeking interim relief. This Court vide order

Heemanshu Traders Vs. Delhi Electricals

Court : Delhi

Subject : Civil

Acts : Limitation Act, 1963 - Sections 5; Code of Civil Procedure (CPC), 1908 - Sections 149; Court fees Act, 1870 - Sections 28

Reported in : ILR1975Delhi653; 1976RLR225

a patent action transferred to the High Court under proviso to Section 29 of the Indian Patents and Designs Act, 1911. The judgment was announced on July 22, 1974. After taking into account the time spent in obtaining certified

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

Subject : Intellectual Property

view which was taken by the learned single judge of this court under the old Act which is Designs Act, 1911 when the powers to hear cancellation as well as the suit used to vested in the High Court … of the Patents Act, 1970 Section 2 (h) defines Patent Office means the patent office referred to in section 74 of the Patents Act, 1970 Section 3 (1) defines The Controller General of Patents, Designs and Trade Marks

Baker Vs. Carr

Court : US Supreme Court

Subject : Land Acquisition

State Historian, Dr. Robert H. White. Examples of preliminary steps are: in 1911, the Senate called upon the Redistricting Committee to make an enumeration of … v. Akron Metropolitan Park District, 281 U. S. 74 (claim that rule requiring invalidation of statute by … of federal jurisdiction or upon the inappropriateness of the subject matter for judicial consideration -- what we have designated "nonjusticiability." The distinction between the two grounds is significant. In the instance of nonjusticiability, consideration of the cause … 204 -208. 3. The complaint's allegations of a denial of equal protection presented a justiciable constitutional cause of action upon which appellants are entitled to a trial and a decision. Pp. 369 U. S. 208 -37. 179 … or is not a "case or controversy" within the meaning of that section; or the cause is not one described by any jurisdictional statute. Our