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Shri Chandreshwar Bhuthanath Devastan of Paroda by Its Special Attorne ...

Court : Mumbai

Subject : Civil

Reported in : (2003)105BOMLR915

substituted by Section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) and by Section 7 of this Act shall not apply to in respect of any pleading filed before the commencement of Section … no further appeal shall lie from the judgment, decision or order of such Single Judge.6. In the said Amendment Act, 1999, Section 32 provides for repeal and savings which reads as under as far as Section 100A of the Code … issue which has been argued is whether any of the pending Letters Patent Appeals which have already been admitted by this Court are also covered

Novartis Ag and anr. Vs. Mehar Pharma and anr.

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 24B

Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)

nature of the impugned drugs of all the defendants, regardless of jurisdiction.4. Until the amendments made by the Patents (Amendment) Act, 1999, only a Process Patent was granted for a medicine or a drug. Old Section 5 was renumbered as … action for infringement of a Patent. In the normal case of a patent an application is made under Section 7, a provisional specification followed by complete specification is submitted under Section 9. The specification shall be in the

Uco Bank and anr. Etc. Vs. Roopa Ram and Etc.

Court : Rajasthan

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002

Reported in : AIR2003Raj222; RLW2003(4)Raj2167; 2003(3)WLC284

be, inserted or substituted by Section 16 of the Code of Civil Procedure (Amendment) Act, 1999 and by Section 7 of this Act shall not apply to in respect of any pleading filed before the commencement of Section … view of the prohibition provided by Section 100-A of the Code of Civil Procedure as amended by C.P.C. (Amendment) Act, 1999 and C.P.C. (Amendment) Act, 2002 read with Section 32 of the C.P.C. (Amendment) Act, 1999. In view of … Ordinance, 1949 are pari materia with the Clause 15 of the Letters Patent Act, which applies to the Bombay High Court and certain other High

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Subject : Intellectual Property RightsCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 96, 100, 100A, 104, 104(1), 104(2) and 105 - Order 43, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 97, 109(5) and 109(8); Code of Civil Procedure (CPC) (Amendment) Act, 1999 and 2002

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

100A of the Code which is in force from 1-7-2002 onwards as per the Code of Civil Procedure (Amendment Act) 1999 as further amended by the Amended Act of 2002 reads as under :- '100A. No further appeal in … AIR2000Guj139 about-interpretation of the provisions of Section 100A of the C.P.C. and of Clause 15 of the Letters Patent and made the following observations :-'It would thus appear that neither under Section 100A of the C.P.C., nor

Dhanalakshmi Paper and Board Vs. Deputy Commercial Tax Officer

Court : Sales Tax Tribunal STT Tamil Nadu

Subject : Sales Tax

Reported in : (2001)124STC435Tribunal

fuel would not attract purchase tax. The intention of the Legislature could be seen with reference to the Amendment Act No. 60 of 1997 whereby only fuel was brought for assessment under Section 7-A of the Act. Only … (R) Nos. 3041 of 1997 and 2929 of 1997 dated August 20, 1999 State of Tamil Nadu v. Montech Hydraulics [2000] 120 STC 641 referred … the State. The only way by which this could have been done, pending the outcome of the letters Patent Appeal, was to make a specific provision which it did by the said notification of March 30, 1994.

Shri Rahul Sharad Awasthi Vs. Shri Ratnakar Trimbak Pandit and ors.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 1(2), 3, 4, 4(1), 4(2), 5, 16, 16(2), 100A and 102; Code of Civil Procedure (CPC) Amendment Act, 1978 - Sections 97; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 7, 10, 13, 16 and 32; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 5, 15, 17 and 18 - Order 20, Rule 1; General Clauses Act, 1897 - Sections 6; Sphere of Benami Transactions (Prohibition) Act, 1988; Companies Act, 1956 - Sections 10F

Reported in : 2004(3)ALLMR896; 2004(5)BomCR50; 2004(4)CTC241; 2004(3)MhLj706

be, inserted or substituted by Section 16 of the Code of Civil Procedure (Amendment) Act, 1999 and by Section 7 of this Act shall not apply to in respect of any pleading filed before the commencement of Section … in the Amendment Act, 2002 such a saving has not been provided at all.(d) Code of Civil Procedure (Amendment) Act, 1999 in Section 32, Clause 2(g) only Letters Patent Appeals arising out of a decision of Single Judge pertaining … Justice by order dated January 15, 2004 passed in the present Letters Patent Appeal observed that the decision of the Division Bench of this court

Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 96 and 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16; Constitution of India - Articles 226 and 227

Reported in : 2002(4)MPHT360; 2002(3)MPLJ504

or, as the case may be, inserted or substituted by Section 16 of the Code of Civil Procedure (Amendment) Act, 1999 and by Section 7 of this Act shall not apply to in respect of any pleading filed before … S.S. Jha, J.1. This Letters Patent Appeal is filed against the judgment and decree passed in First Appeal No. 10 of 1982 arising out

Novartis Ag Vs. Union of India Through the Secretary and Others

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

10.11.2003 based on the prevailing law, [section 24A of the Patents Act, 1970 as amended by the The Patents (Amendment) Act,1999 ]. The said certificate granted an exclusive right to sell or distribute the beta-crystalline form of imatinib mesylate … Hetro Drugs Limited, India (hereinafter referred to as R 3, R 4, R 5, R 6 and R 7, respectively) filed representations by way of oppositions under section 25(1) of the Patents Act, 1970 as amended by

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16 and 16(2); General Clauses Act, 1897 - Sections 6

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

or, as the case may be, inserted or substituted by Section 16 of the Code of Civil Procedure (Amendment) Act, 1999 and by Section 7 of this Act shall not apply to in respect of any pleading filed before … same :'Letters Patent is a word of definite legal meaning. It is derived from the latin words literae patents. The Letters Patent are so called because,-- 'they are open letters; they are not sealed up, but exposed

Phoolsingh Vs. Mavla @ Bhavaliya and ors.

Court : Madhya Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sectons 96, 115 and 115(1); Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 12 and 32(2); General Clauses Act, 1897 - Sections 6

Reported in : AIR2002MP246; 2002(3)MPHT383; 2002(3)MPLJ326

This civil revision came up for hearing on 1-7-2002. On the same day the Code of Civil Procedure (Amendment) Act, 1999 (No. 46 of 1999) also came into force by Notification dated 6th June, 2002. By Section 12 of … 1999 under Sub-clause (i) the pending revision proceedings have not been saved but admitted appeals and admitted Letters Patent Appeals have been saved under Sub-clauses (f), (g) and (h). Therefore, from the plain reading it is clear