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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 … judge, highlighting that in that decision, involuntary “use” was held to be patent infringement, unlike in India, where Section 39 of the PV Act, which affords protection to “downstream” breeders and retail users.33. Nuziveedu next highlighted that “plants”

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 … a suit under Section 4(1) seeking an analogy from the above judgment. 39. We are clearly of the view that the said Section 4 of … 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

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 … Section 104 of the Code, no further appeal would be maintainable.62. We may notice that Sub-section (2) of Section 39 of the Arbitration Act, 1940 does not contain any non-obstante clause. The said provision does not refer to

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 … 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 … whether an appeal is maintainable against the judgment rendered by a Single Bench in an appeal filed under Section 39 of the Arbitration Act. The Supreme Court referred to Clauses 10 and 37 of the Letters Patent of

Chemtura Corporation Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Intellectual Property RightsCivil

Acts : Patents Act, 1970 - Sections 3, 8, 8(1), 8(2), 11A(7), 12, 13(4), 25, 47 and 48, 48(1), 48(2), 53, 64, 64(1), 68, 69, 107 and 156; Code of Civil Procedure (CPC) - Sections 80 - Order 39, Rules 1, 2 and 4; Patents Rules, 2003 - Rules 12(1), 12(3), 15 and 25

Reported in : 2009(41)PTC260(Del)

above quoted application has been examined under Section 12 of the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2002 and the first statement of objection of forwarded herewith the compliance. The documents noted in the margin are … US and Europe. It is further pointed out that the Plaintiff wholly suppressed its own US Patent No. 3932005 which clearly teaches the use of the toroidal shape of the elastomeric member. Therefore the patent was liable

Carlos Alberto Perez Lafuente vs.uoi & Ors.

Court : Delhi

Subject : Intellectual Property

hand, and have considered the respective submissions.15. The deferred examination system was introduced in the Act by the Patents (Amendment) Act, 2002. Prior to that, all patent applications were required to be examined by the Controller of Patents under Section … stay) 2. The petitioner has preferred the present writ petition to assail the W.P.(C) 4573/2012 Page 1 of 39 order dated 30.01.2012 passed by the Deputy Controller of Patents & Designs-Respondent No.4, whereby respondent No.4 refused to

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 … of injunction.57. While considering about the grant of interim injunction under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, in the light

Hdfc Bank Vs. Chaumkaur Singh and Another

Court : Kolkata

Subject : Civil

Acts : The Arbitration and Conciliation Act 1996 - Sections 9, 34, 2(1)(e), 35, 42; Code of Civil Procedure (CPC) (C.P.C) - Sections 39(4), 51, 38; The Arbitration 1940 - Sections 2(c), 17, 31(4), 20, 11; Constitution of India - Article 227

read  together with the limitation in Section  39 thereof, particularly after the 2002  amendment. The judgment-debtors suggest that a court cannot execute a decree  against … the 144th  report of the Law Commission that  was the basis for the incorporation of sub-section (4) in Section 39 of the Code  and submit that the amendment is the  legislative assent to the Bombay High  Court view … In  Tata International Ltd, a learned Judge of the Bombay High Court applied  Clause 12 of the Letters Patent in  assessing whether that court had the  jurisdiction to entertain an application for enforcement of a foreign award. … there would be proceedings under Section 9 of  the Arbitration and Conciliation Act, 1996  before this court either before or in  course of the reference

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

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

by any decision or order of the Company Law Board [made before the commencement of the Companies (Second Amendment) Act, 2002] may file an appeal to the High Court within sixty days from the date of communication of the … Co. the court held that a letters patent appeal was not maintainable in view of section (2) of Section 39 of the 1940 Act. To that extent, the decision may not have any bearing on the present controversy. … Arbitration and Conciliation Act, an appeal under Clause 15 of the Letters Patent would lie or it can be said that such an appeal is