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

Court : Mumbai

Subject : Civil

Reported in : (2003)105BOMLR915

100A of the Code of Civil Procedure, 1908, which has been amended by the Code of Civil Procedure (Amendment) Act, 2002 will be prospective in operation or retrospective in operation. The aforesaid Amendment was brought into force on 1st … if Section 5 had not come into force;(b) the provisions of Rules. 15. 17 and 18 of Order VI of the First Schedule as omitted … on 1st July, 2002.2. The only 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 by the said Section 100A as

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)

question of law afore-noted has arisen due to the amendments incorporated in the Patents Act, 1970 by the Patents Amendment Act, 2002 notified on 25th June, 2002 but various provisions thereof brought into force firstly on 20.5.2003 and the remaining … into force. 10. Relevant for my decision would be to note that vide Section 18 of the Patent Amendment Act 2002, Section 25 of the Principal Act was amended by introducing clauses 'j' and 'k' after existing clause 'i' as … any decision, order or direction of the Controller under any of the following provisions, that is to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51,

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

Subject : MRTP

signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereafter 'TRIPS'). 122. By virtue of the Patents (Amendment) Act 2002, Section 48 of the Act, which specifies the rights granted to a patentee, was substituted to read as under: … violated the provisions of the Competition Act. This led Ericsson to file the Intex petition. 13.9. Thereafter, on 15th April, 2014, the Petitioner filed a patent infringement suit against Intex being CS(OS) No. 1045/2014, which was similar

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

law and intended to create an appellate forum to hear appeals against orders passed by the Controller consequently Patents (Amendment) Act, 2002 was promulgated on 25.6.2002. However, it was not brought into force immediately. It may be noted that in … any decision, order or direction of the Controller under any of the following provisions, that is to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51,

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 110, 110C, 140, 163A, 165 to 174, 175 and 176; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Motor Vehicles Act, 1939; Companies Act, 1956 - Sections 10E, 10F, 397, 398 and 483; Government of India Act, 1915 - Sections 71, 107 and 108; Specific Relief Act - Sections 6 and 6(3); Contempt of Courts Act - Sections 19, 19(1) and 19(2); Limitation Act - Sections 4 to 24; Defence of India Act; General Clauses Act, 1897; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Bombay Municipal Corporation Act, 1888 - Sections 127(1), 217, 217(1), 218D and 218D(1); Kerala High Court Act - Sections 5; Indian Succession Act - Sections

Reported in : 2009ACJ585; 2008(6)MhLj941

Court itself. Under Section 102 of the Code which was also amended by the Code of Civil Procedure Amendment Act, 2002 with effect from 1st July, 2002, no second appeal would be maintainable from any decree when the subject-matter … 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 … language of the Section that the Supreme Court was of the view that jurisdiction of the Court under Section 15 of the Letters Patent was not ousted and the appeal was consequently, restored to the file of the

M/S. Philips Electronics India Limited Vs. M/S. Asian Electronics Limi ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

Matched in: Judge The Honourable Smt. Justice Prabha Sridevan, Chairman &Amp; D.P.S. Parmar, Technical Member (Patents)

Tarun Shah and anr. Vs. Ramjisingh Bhullansingh and ors.

Court : Mumbai

Subject : Civil

Acts : Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2000; Government of India Act, 1915 - Sections 107

Reported in : 2003(1)ALLMR172; 2003(2)BomCR643

that High Court. 2. Mr. Abhyankar, learned Counsel appearing for the appellants, tried to canvass that by the Amendment Act, 1999, the powers under Clause 15 of the Letters Patent were sought to be reduced and again they … of the Letters Patent were sought to be reduced and again they have been restored by the Amending Act, 2002 amending the Code of Civil Procedure. He drew our attention to the Statement of Objects Amending Act, 2002 … writs under Articles 226 and 227 of the Constitution shall be restored. Section 10 of the Code of Civil Procedure (Amendment) Act, 1999 abolished appeals … H.L. Gokhale, J.1. Heard Mr. Abhyankar for the appellants. This Letters Patent Appeal seeks to invoke the jurisdiction of a Division Bench of this

M/S Lek Pharmaceuticals D.D. Vs. the Assistant Controller of Patents a ...

Court : Intellectual Property Appellate Board IPAB

Subject : Land Acquisition

the Controller by or under this Act.” The Amendment to the section 80 has been made in the Patents (Amendment) Act, 2002 as given below:- ‘Amendment of section 80. - In section 80 of the principal Act, the following proviso … to take any adverse decision to the applicants interest. The respondent refused to proceed with the application under section 15 of the Act by a letter of communication dated 22.08.2007 signed by the Examiner of Patents for and

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

at this stage of interim application, while considering the prima facie case and the balance of convenience, the Patents (Amendment) Act, 2002 (Act 38 of 2002), which has come into effect from 20.05.2003 and Amendment Act 2005, which came into … the defendant in C.S. No. 1111 of 2007.2. C.S. No. 1111 of 2007 is a suit filed under Section 108 of the Patents Act, 1970 for the relief of permanent injunction in respect of the plaintiff's patent … right over the patent.16(d). He would submit that the provisional specification dated 15.7.2082, which relates to two spark plugs and its location is admittedly a

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

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 … therein.20. Before the Division Bench, it was submitted on behalf of the appellants that prior to 1st July, 2002, Section 26 of the Code merely indicated that every suit shall be instituted by the presentation of a plaint … and Ors. : 2001CriLJ4284 , which arose out of an application under the Contempt of Courts Act, 1971, Section 15 whereof requires a person to obtain the prior consent in writing of the Advocate General for making a … 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