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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 … to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section

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 … to say, Section 15, Section 16, Section 17, Section 18, Section 19, Section 20, Section 25, Section 27, Section 28, Section 51, Section 54, Section 57, Section 60, Section 61, Section 63, Sub-section (3) of Section 69, Section

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)

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

the meanwhile the Code of Civil Procedure (Amendment) Act, 2002 was enacted. Interalia by Section 4 of the Amendment Act, 2002, Section 100A of the Code (as substituted by Section 10 of the Amendment Act, 1999), was substituted thus:'100-A. No … was also brought into force on 1st July, 2002 vide notification No. 28. Before ascertaining the effect of the enactments aforesaid passed by the Central … 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

Dhanpat Seth and ors. Vs. Nil Kamal Plastic Crates Ltd.

Court : Himachal Pradesh

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 13(4), 48, 64, 107(1), 107(2) and 113(4); Patents (Amendment) Act, 2002; Trade Mark Act - Section 28; Code of Civil Procedure (CPC) , 1908 - Sections 94 and 151 - Order 39, Rules 1 and 2

Reported in : 2006(33)PTC339(NULL)

argued by the learned Counsel for the plaintiffs/petitioners that Section 48 of the Patents Act, as amended by Patents (Amendment) Act, 2002, confers upon the patentee the exclusive right to prevent third parties, who do not have his consent, from … case where infringement of registered trade mark was alleged, yet looking to the similarity of the provision of Section 28 of the Trade Marks Act with Section 48 of the Patents Act, as amended by Amendment Act of

B. Sankappa Rai and ors. Vs. Central Registrar of Co-operative Societi ...

Court : Karnataka

Subject : CivilElection

Acts : Multi State Co-operative Socities Act, 2002 - Sections 16, 28 and 84(2); Constitution of India - Articles 226 and 227

Reported in : ILR2004KAR4298; 2004(7)KarLJ330

also contended by the learned Counsel on behalf of the Society and the contesting respondents' that as per Section 28 of the Act 2002, no member of 'C' category of the Multi State Co-operative society shall exercise his/her … certiorari to quash the order at Annexure -B dated 10.5.1999 by which amendment in made to Clause No. 12(a)(3)(d) of the Bye Laws in respect … of the Multi State Co-operative Societies Act, 1964, which is now repealed by the Multi State Co-operative Societies Act, 2002 (hereinafter referred to as the 'Act, 2002' for short). The area of operation of the 3rd respondent society … list of the society is without authority of law and it is patently illegal. Hence the decision of the Supreme Court reported in WHIRLPOOL CORPORATION

Bayer Corporation vs.union of India & Ors.

Court : Delhi

Subject : Education

ensuring the availability of the same in other countries. He relies on the Notes on Clauses of the Patents (Amendment) Act 2002 as well as the Joint Parliamentary Committee Report pertaining to the insertion of Section 107A of the Act. … said to take place in the course of export". While considering the import of this phrase in Article 286, the Supreme Court held in The Stale of Travancore-Cochin and Ors. v. The Bombay Company Ltd. AIR1952SC366nd The

United India Insurance Co. Ltd. Vs. S. Surya Prakash Reddy and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(14), 4, 4(1), 31, 34, 35A, 91, 92, 95, 96, 100, 100A, 104, 104(1), 104(2), 104A and 141 - Order 9 - Order 16 - Order 18 - Order 21 - Order 43, Rule 1; Code of Civil Procedure (CPC) , 1877 - Sections 588; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1859; Code of Civil Procedure (CPC) , 1882 - Sections 588, 638 and 652; Motor Vehicles Act, 1988 - Sections 140, 173 and 173(2); Workmen's Compensation Act, 1923 - Sections 4A, 12(2), 19, 23, 27 and 30; Land Acquisition Act, 1894 - Sections 54; Government of India Act, 1915 - Sections 71, 72, 107 and 108; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Arbitration Act, 1940 - Sections 39,

Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530

Constitution. After three years, Section 100A, in its present form, was inserted by the Code of Civil Procedure (Amendment) Act, 2002. The last amended Section 100A reads as under:100A. No further appeal in certain cases.-Notwithstanding anything contained in any … guided by the provisions of the Code of Civil Procedure, 1859. Similar provisions were made in the Letters Patents of the High Courts of Bombay and Madras. Clauses 15 and 44 of the Letters Patent vide which … in force till it was revoked by another Letters Patent sent on 28-12-1865. By Clause 37 of the First Letters Patent, the Code of Civil

Vajara Yojna Seed Farm and ors. Vs. Presiding Officer, Labour Court Ii ...

Court : Allahabad

Subject : Civil

Acts : Uttar Pradesh High Court (Abolition of Letters Patent Appeals) Act, 1962; Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1981; Constitution of India - Articles 225, 226 and 227; Uttar Pradesh Intermediate Education Act, 1921 - Sections 9; Uttar Pradesh Intermediate Education Regulations; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 48; Court Rules, 1952 - Rule 5

Reported in : (2003)1UPLBEC496

on Their Privy Council, as hereinafter provided.'23. The Letters Patent dated 17th March, 1866 were amended by Letters Patents issued from time to time. Clause 35 of the Letters Patent which is relevant for the present subject … Letters Patent Appeals) Act. 1962 as amended by the Uttar Pradesh High Court (Abolition of Letters Patent Appeals) (Amendment) Act, 1981. Sri Baghel referred to and relied on judgment of Apex Court in : [1996]2SCR224 , Firdosh Fatima … No. 1177 of 2001 has been filed.6. Special Appeal No. 416 of 2002, Virendra Kumar v. Presiding Officer, Central Government and Ors., and Special Appeal … Additional District Judge, Bareilly in Election Petition No. 28 of 2000, Smt. Farhat Jahan and Ors. v. … Corporation against the reservation order dated 6.11.2001. The appeal was filed under Section 15(4) of U.P. Cane (Supply and Purchase Regulation) Act. 1953.10. Special Appeal

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 … the PV Act. Nuziveedu cited the provisions of registration of a plant variety or a transgenic variety under Section 28 of that Act, which confers certain exclusive rights to the breeder. Next, Section 30 of the PV Act,