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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 … dates and their impact. Thereafter, I propose to consider the rival submissions. 4. At the outset it may be noted that the appeals were filed

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 … 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

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

Court : Mumbai

Subject : Civil

Reported in : (2003)105BOMLR915

Code of Civil Procedure (Amendment) Act, 2002 was enacted and brought into force on 1st July, 2002 wherein Section 4 reads as under:Section 4. Substitution of new Section for Section 100A.- For Section 100A of the principal Act … 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 … 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

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 … made only under the Patents (Amendment) Act, 2005 which was promulgated on 4.4.2005 w.e.f. 1.1.2005.10. Vide Section 47 of the Patents (Amendment) Act, 2002 entire … confusion with regard to pending FAO No. 293/06 filed by respondent No. 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

Natural Remedies Pvt. Ltd., Bangalore, Rep. by Its Chairman and Managi ...

Court : Karnataka

Subject : MRTP

Patents and Designs Act, 1911, Section 2;Patents Act, 1970, Sections 2(10), 5, 10, 13(4), 64, 104, 107, 108; Patents (Amendment) Act, 2002, Section 104-A ;Patent Rules, 2003- Original Suit and Counterclaim-Revocation of Patent- Process patent for ayurvedic poultry feed registered by

Kamla Devi Vs. Khushal Kanwar and anr.

Court : Supreme Court of India

Subject : CivilFamily

Acts : Indian Succession Act; Code of Civil Procedure (CPC) , 1908 - Sections 89, 100, 100A, 104, 104(1), 104(2), 115 and 588; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 38 and 299; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4

Reported in : AIR2007SC663; 2007(2)AWC1148(SC); 2007(1)CTC186; [2007(2)JCR202(SC)]; 2007MPLJ25(SC); RLW2007(2)SC1636; 2006(13)SCALE645

- Civil Procedure Code (CPC) (Amendment) Act, 1976 - Sections 38 and 299 - Civil Procedure Code (CPC) (Amendment) Act, 2002 - Section 4 - Application of Section 100A involved in this appeal - appellant submitted that Section 100A … right of appeal under the Code is statutory. Such right of appeal is also conferred under the Letters Patent of the High Court or the statutes creating the High Court.An appeal, as is well known, is the

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 … C.S. No. 1111 of 2007 has filed an appeal in O.S.A. No. 420 of 2007 against the above said order dated 19.12.2007. The Hon'ble First

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 … have filed a document A-7, according to which a conference was held at Shimla at Hotel Cecil on 4.4.2002 for launching of 'Kilta', i.e. the patented article of the plaintiffs. With this, there is another document at

Shri Sanjay Z. Rane, Vs. Smt. Saibai S. Dubaxi (Since Deceased Through ...

Court : Mumbai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 4 and 100A; Land Acquisition Act, 1894 - Sections 4, 6, 9(2), 18, 25 and 53; Benami Transactions (Prohibition) Act, 1988; Goa, Daman and Diu (Administration) Act, 1962 - Sections 1, 5, 6, 7 and 8; Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act 1964 - Sections 3, 8 and 11; Maharashtra High Court (Hearing of Writ Petitions, by Division Bench and Abolition of Letters Patent Appeals) Act, 1986; Goa, Daman and Diu Reorganisation Act, 1987 - Sections 20, 20(1), 20(3), 20(4), 22, 25 and 30; Small Causes Act; Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 - Sections 3, 4, 7(2), 7(3), 9 and 13; States Reorganisation Act, 1956 - Sections 52, 54, 57 and 69; Goa Land Revenue Code

Reported in : 2009(111)BomLR2668

It appears that on 18.9.2002, this Court took a view that Section 4 of Code of Civil Procedure (Amendment) Act, 2002, especially in relation to Section 100A thereof was applicable retrospectively and, therefore, letters patent appeals already filed were … B.P. Dharmadhikari, J.1. Letters Patent Appeal was disposed of on 18.9.2002 by this Court and said Judgment was challenged in Special Leave Petition

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

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 … Supreme Court in : [1970]75ITR174(SC) , wherein it has after interpretation of Section 2(44)(ii) ( as substituted by Section 4 of Finance Act, 1963) has clearly held that by issuing the notification in exercise of the powers conferred … 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