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Mahendra Panmal Duggad JaIn and anr. Vs. Bhararilal Panmal Duggad JaIn ...

Court : Mumbai

Subject : Civil

Acts : Bombay Civil Court Act, 1869 - Sections 8, 16, 17 and 26; Bombay Civil Court (Amendment) Act, 1999; Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1977 - Sections 19; Bombay Civil Court (Amendment) Act, 1983; Bombay Civil Courts (Amendment) Act, 1982 - Sections 3; Bombay General Clauses Act - Sections 7; Income Tax Act - Sections 27, 274 and 274(2); Taxation Laws (Amendment) Act, 1970; General Clauses Act - Sections 6, 15Z, 15Z(1) and 15Z(2); Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Patents (Amendment) Act, 2002

Reported in : 2008(6)BomCR699; 2008(4)MhLj803

made in the statute, for example, The Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Patents (Amendment) Act, 2002 etc. It is true that no litigant has any vested right in a matter of forum but when … jurisdiction of the District Court was increased from Rs. 10,000/- to Rs. 25,000/-, by amending the provisions of Section 26 of the Act and incorporating a saving clause in form of Clause 19 of the Amending Act, which

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 … Bajaj Pulsar was 9.8%/ which got increased in the year 2004-2005 to 26.98%; in 2005-2006 to 36.54%; 2006-2007 to 38.96% and 2007-2008 (April-November) 54.25%. In

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

Act of 1999 thus complied with Article 70(8) and (9) of the TRIPS Agreement.68. Three years later the Patents (Amendment) Act, 2002 (Act No. 38 of 2002) came to be enacted on June 25, 2002. It brought large scale amendments … Alam, J.1. Delay condoned.2. Leave granted in all the special leave petitions.3. What is the true import of section 3(d) of the Patents Act, 1970?How does it interplay with clauses (j) and (ja) of section 2(1)? Does … dismissed by the IPAB by a long and detailed judgment dated June 26, 2009.17. The IPAB reversed the findings of the Assistant Controller on the

Novartis Ag Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Intellectual Property

Act of 1999 thus complied with Article 70(8) and (9) of the TRIPS Agreement.68. Three years later the Patents (Amendment) Act, 2002 (Act No.38 of 2002) came to be enacted on June 25, 2002. It brought large scale amendments in … Alam, J.1. Delay condoned.2. Leave granted in all the special leave petitions.3. What is the true import of section 3(d) of the Patents Act, 1970?. How does it interplay with clauses (j) and (ja) of section 2(1)?. … dismissed by the IPAB by a long and detailed judgment dated June 26, 2009.17. The IPAB reversed the findings of the Assistant Controller on the

Garware Wall Ropes Ltd. a Company Incorporated Under the Companies Act ...

Court : Mumbai

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2(1), 6, 8, 10, 11, 11A, 11B, 12, 13, 14, 35 to 42, 47, 47(1), 47(2), 47(3), 47(4), 48, 57, 58, 64, 64(1), 64(3), 99, 100, 100(1), 101(3), 101(5), 103, 107, 156, 177 and 240; Patents and Designs Act, 1911; Patents (Amendment) Act, 2005; Patents (Amendment) Ordinance, 2005; Patents Rules, 2003; General Clauses Act, 1897 - Sections 3(23)

Reported in : 2009(3)BomCR896; 2009(111)BomLR479

Intellectual Property Rights (TRIPS), which forms part of the agreement establishing the World Trade Organization (WTO). Thereafter, the Patents Amendment Act 15 of 2005 was brought into force by way of ordinance, namely, Patents (Amendment) Ordinance 2005 dated 26.12.2004 … Ananda Bghavan Muthulakshmi Bhavan MIPR 2007 (1) 0352.(2) Telemecanique & Controls (I) Ltd. v. Schneider Electric Industries SA 2002 (24) PTC 632 (Del) (DB). (3) Midas Hygiene Industries (P) Ltd. and Anr. v. Sudhir Bhatia and Ors. … more than two decades ?(2) What is the scope and effect of Section 100 of the Patents Act, 1970 (as amended) and its impact in

Securities and Exchange Board of India Vs. Classic Credit Ltd.

Court : Supreme Court of India

Subject : MRTP

and 26 of ‘the SEBI Act’, as they existed prior to the Securities and Exchange Board of India (Amendment) Act, 2002 (hereinafter referred to as ‘the 2002 Amendment Act’). It was the submission of the private parties, that the … passed in appeal within the meaning of Section 39 of the Latters Patent. Mookerji, J., who delivered the judgment of the division Bench referred to … Act, 1992 (hereinafter referred to as ‘the SEBI Act’). At the time when the complaints were filed under Section 26(2) of ‘the SEBI Act’, the concerned accused were to be tried by a Metropolitan Magistrate (or, a 1

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 or … 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

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

Subject : Land Acquisition

Trade (GATT), including the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement, India, inter alia, introduced the Patents (Amendment) Act, 2002, in June 25, 2002. This amendment altered the definition of “an invention” under Section 2(1)(j) to include the … and sell the farm saved seeds of any protected variety including a transgenic variety. Furthermore, Nuziveedu also cited Section 26 of the PPVFR Act that provides for “benefit sharing”. Accordingly, Nuziveedu averred that Monsanto had the choice of

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

in the Code by reason of Code of Civil Procedure amendment Act, 1976 or Code of Civil Procedure Amendment Act, 2002. In any event the provision of Section 100A of the Code being not retrospective in operation, the right … of the Letters Patent, there was a clear provision that the Letters Patents are subject to the legislative powers of the Governor-General in Council. It … to make an order for the return of a ward to the custody of his guardian; or(d) under Section 26, refusing leave for the removal of a ward from the limits of the jurisdiction of the Court, or

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 … Amendment Act, 1999 had amended the Patents Act, 1970 with effect from 26.3.1999. Section 25 of the Patents Act, 1970 as existing in the statute