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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

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 … presided over by Hon'ble the Chief 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 (Goa Bench) in Shri Chandreshwar Bhuthanath … v. Subiraj Prabhakar Naik and Ors., 2003 Vol 105(2), Bombay Law Reporter, 915 deserves reconsideration.2. The present Letters Patent Appeal presented on January 6, 2004

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 … 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 manner provided under Section 10. A request for examination of the application

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Indian Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(4), 27, 28, 29(2), 29(3), 51, 54, 57, 60, 61, 63, 64, 66, 69(3), 78, 84, 84(1) to 84(5), 88, 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117A, 117A(2), 117G and 158; Patents (Amendment) Act, 1999 - Sections 116; Patents (Amendment) Act, 2002 - Sections 47; Trade Marks Act, 1999 - Sections 83; Patents (Amendment) Act, 2005 - Sections 23, 25 and 61

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

3 in the High Court under Section 116 of the Indian Patents Act, 1970 as amended by the Patents (Amendment) Act, 1999 w.e.f. 26.3.99.5. Span Diagnostics Limited, respondent No. 3 herein, is a public limited company established in 1972 to … Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section 96 and Section 97.(3) Every appeal under this section shall be in writing and shall be made

Ucb Farchim Sa Vs. Cipla Ltd. and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 15, 25(1), 25(2), 25(4), 64, 116, 117A and 117G; Constitution of India - Article 226; Patents (Amendment) Act, 2005; Patents (Amendment) Act, 1999; Patents Rules - Rule 55

Reported in : LC2010(1)278

its FAO No. 293/06 in the High Court under Section 116, as it stood on 19.10.06 under the Patents (Amendment) Act, 1999. On that date, the amended Section 117A, suggested by Patents (Amendment) Act, 2005, was not brought into force. … Ltd. v. State of Orissa : (1983) 2 SCC 433 [para 6 at pages 437-438; paras 8 & 9 at page 439; para 12 at page 441], Karnataka Chemical Industries v. Union of India : (2000) 10

Partap Singh Vs. Smt. Satya Devi and anr.

Court : Himachal Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Section 102; ;Code of Civil Procedure (CPC) (Amendment), 1999 - Section 11; ;Code of Civil Procedure (CPC) (Amendment), 2002 - Sections 5 and 16; ;Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act; ;Code of Civil Procedure (CPC) , 1882 - Section 582A; ;Court Fees Act - Section 4

Reported in : AIR2005HP37

came to be substituted by virtue of the provisions of Section 11 of the Code of Civil Procedure (Amendment Act) 1999 and Section 5 of the Amending Act of 2002. Section 16 of the Amending Act of 2002 saves … High Court on 12-11-1962 i.e. the date immediately preceding the enforcement of UP High Court (Abolition of Letters Patent Appeals) Act which came into force on 13-11-1962 which abolished the right of such appeal. Against this background … Appeal No. 880 of 1962 was presented in the High Court on 9-11-1962. The High Court directed payment of additional Court fee. The Memorandum was

Span Diagnostic Vs. Assistant Controller of Patents and Design and anr ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Trade Marks Act, 1999 - Sections 83; Patents Act, 1970 - Sections 8, 15, 16, 17, 18, 19, 20, 25, 25(1), 25(2), 25(3), 25(4), 27, 28, 29(2), 29(3), 37, 41, 42, 47, 51, 54, 57, 59 to 63, 66, 69(3), 74, 78, 84(1) to 84(5), 85, 86, 88, 88(3), 89, 91, 92, 93, 94, 96, 97, 116, 116(1), 116(2), 117, 117A, 117A(2), 117G and 158; Patents Amendment Act, 2002 - Sections 1(2), 18 and 47; Patents Amendment Act, 2005 - Sections 1(1), 1(2), 23, 60 and 61; Patents Amendment Act, 1999

Reported in : LC2009(1)22; 2008(37)PTC56(Del)

patent of a device which was opposed to by the appellant in the year 2000. By then, the Patents Amendment Act, 1999 had amended the Patents Act, 1970 with effect from 26.3.1999. Section 25 of the Patents Act, 1970 as … Section 63, Sub-section (3) of Section 69, Section 78, Section 84, Section 86, Section 88(3), Section 89, Section 93, Section 96 and Section 97.(3) Every appeal under this section shall be in writing and shall be made

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 … relating to the procedure of the Court of Civil Judicature.' The relevant provisions thereof read as under :- 'Section 9. Courts to try all civil suits unless barred :- The Courts shall (subject to the provisions herein contained) … 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

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 3(d)(b), 2(1)(d), 133, 24(A), 25(1), 2(8)(10), 14, 5, 10; Atomic Energy Act, 1962 - Section 20(1); Patents and Designs Act, 1911

the Panel came on August 24, 1998. Thus faced with the threat of trade sanctions, Parliament passed the Patents (Amendment) Act 1999 (Act No. 17 of 1999) on March 26, 1999, which amended the provisions of the Patents Act 1970 … from January 1, 1995, the date when the TRIPS Agreement came into force. By the Amendment Act of 1999, section 5 of the Parent Act was amended to provide for making “a claim for patent of an invention … the appellant in course of hearing on September 20, 2012.]Step 1 - 98.6 gms of Imatinib free base is added to 1.4 liters of ethanol.Step

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property

the Panel came on August 24, 1998. Thus faced with the threat of trade sanctions, Parliament passed the Patents (Amendment) Act 1999 (Act No.17 of 1999) on March 26, 1999, which amended the provisions of the Patents Act 1970 retrospectively, … from January 1, 1995, the date when the TRIPS Agreement came into force. By the Amendment Act of 1999, section 5 of the Parent Act was amended to provide for making “a claim for patent of an invention … appellant under the following three examples: EXAMPLE - 1[4]. Step 1 - 98.6 gms of Imatinib free base is added to 1.4 liters of ethanol.

Vidyawati Gupta and ors. Vs. Bhakti Hari Nayak and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Indian High Courts Act; General Clauses Act, 1897; Arbitration and Conciliation Act, 1996 - Sections 8; Contempt of Courts Act, 1971 - Sections 15; Life Insurance Corporation Act; Arbitration Act, 1940; Partnership Act - Sections 69; Code of Civil Procedure (CPC) - Sections 4, 16, 17, 20, 26, 26(2), 100A, 104, 116, 120 and 129 - Order 1, Rule 8 - Order 4, Rules 1, 1(2), 1(3) and 3 - Order 6, Rule 15 and 15(4) - Order 7, Rules 1 to 8, 9, 11 and 15 - Order 8, Rule 1 - Order 49; Calcutta High Court Original Side Rules - Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002

Reported in : AIR2006SC1194; 2006(2)AWC1580(SC); (SCSuppl)2006(2)CHN173; 2006(2)CTC146; [2006(3)JCR200(SC)]; JT2006(2)SC278; (2006)2MLJ312(SC); 2006(2)SCALE203; (2006)2SCC777

introduced by way of Amending Act 46 of 1999 with effect from 1st July 2002. Prior to such amendment, there was no general provision regarding verification of pleadings in a plaint also by way of an affidavit, … or where the plaintiff failed to comply with the provisions of Rule 9 of Order VII. This Court was of the view that the said … 1861, the British Parliament passed the Indian High Courts Act which empowered the Crown to establish, by Letters Patent, High Courts of Judicature at Calcutta, Madras and Bombay. Consequent to such authority, the Letters Patent dated 14th … 37 of the Letters Patent which has to be read along with Section 129 of the Code which also confers on the High Courts powers