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Apr 11 2018

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

Court : Delhi

Decided on : Apr-11-2018

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 … effective sui generis system or by any combination thereof. The provisions FAO (OS) (COMM) 86/2017 & 76/2017 Page 40 of 60 of this subparagraph shall be reviewed four years after the date of entry into force of

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Aug 28 2009

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

Court : Delhi

Decided on : Aug-28-2009

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 … placed on record an affidavit dated 11th February 2009 of one Ajaib Singh, Ph.D a Chemist with over 40 years experience in the field of polyurethane technology and its applications. In the said affidavit Ajaib Singh states

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Sep 24 2008

Mahammed Saud and ors. Vs. Dr. (Maj) Shaikh Mahfooz and anr.

Court : Orissa

Decided on : Sep-24-2008

Subject : Civil

Reported in : AIR2009Ori46; 2008(II)OLR725:AIR2009Orissa46

Order, 1948, this Letters Patent Appeal can be entertained in view of amendment of the CPC by the Amendment Act 22 of 2002 after 1st July, 2002.13. Before proceeding further, it would be prudent to quote the relevant … the Letters Patent Appeal was not maintainable in view of amendment of Section 100-A CPC against the judgment/order of a learned Single Judge. Similar view … out of C.S. No. 498 of 2004 appointing a receiver under Order 40 Rule 1 of the Code of Civil Procedure, 1908 (hereinafter called 'CPC) … a learned Single Judge of this Court in FAO No. 386 of 2007 is assailed in this Letters Patent Appeal. In the FAO an order of September 9, 2005 passed by the Ad hoc Addl. District Judge,

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Sep 18 2003

Kesava Pillai Vs. State of Kerala

Court : Kerala

Decided on : Sep-18-2003

Subject : Civil

Acts : Kerala High Court Act, 1958 - Sections 3(13) and 5; Code of Civil Procedure (CPC) Act, 2002 - Sections 100A

Reported in : AIR2004Ker111; 2004(1)KLT55

has raised an objection that the appeal is not maintainable in view of the Code of Civil Procedure (Amendment) Act, 2002 (Act 22 of 2002). The learned counsel appearing for the appellant relied on a decision reported in State … Judge in such appeal or from any decree passed in such appeal'.Clause 40 of the Objects and Reasons it is stated as follows:-'Under the Letters … The Section inserted read as follows:-'100A. No further appeal in certain cases. Notwithstanding anything contained in any Letters Patent for any High Court or in any other instrument having the force of law or in any other

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Feb 22 2023

P.N. Krishnakumar vs State of Kerala

Court : Kerala

Decided on : Feb-22-2023

states that 'No person otherthan a person having a certificate of ownership, shall, after the commencement of Wildlife(Protection) Amendment Act 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy … by notification in the official gazette and the non declaration is in patent violation of Section 40(4) of the Wild Life (Protection) Act, 1972.31. In … Elephant tusks in question if he is permitted to do so. In exercise of the special powers under section 40(4) of the State Government had vide a notification GO (Rt) Crl.R.P. Nos.591, 593 & 754 of 2022 11said

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Feb 22 2023

V.Mohanlal vs State of Kerala

Court : Kerala

Decided on : Feb-22-2023

states that 'No person otherthan a person having a certificate of ownership, shall, after the commencement of Wildlife(Protection) Amendment Act 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy … by notification in the official gazette and the non declaration is in patent violation of Section 40(4) of the Wild Life (Protection) Act, 1972.31. In … Elephant tusks in question if he is permitted to do so. In exercise of the special powers under section 40(4) of the State Government had vide a notification GO (Rt) Crl.R.P. Nos.591, 593 & 754 of 2022 11said

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Feb 22 2023

State of Kerala Represented by the Range Forest Officer vs V. Mohanlal

Court : Kerala

Decided on : Feb-22-2023

states that 'No person otherthan a person having a certificate of ownership, shall, after the commencement of Wildlife(Protection) Amendment Act 2002 acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy … by notification in the official gazette and the non declaration is in patent violation of Section 40(4) of the Wild Life (Protection) Act, 1972.31. In … Elephant tusks in question if he is permitted to do so. In exercise of the special powers under section 40(4) of the State Government had vide a notification GO (Rt) Crl.R.P. Nos.591, 593 & 754 of 2022 11said

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Oct 07 2004

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

Court : Supreme Court of India

Decided on : Oct-07-2004

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 … defining, restricting or extending the powers of a guardian; or(g) under Section 39, removing a guardian; or(h) under Section 40, refusing to discharge a guardian; or(i) under Section 43, regulating the conduct or proceedings of a guardian or

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Dec 09 2011

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

Court : Karnataka

Decided on : Dec-09-2011

Subject : Civil

Acts : Code Of Civil Procedure (CPC), 1908 - Order 7 Rule 1; Companies Act, 1956

Reported in : 2012(4)CTC(IP)8; 2012(3)KCCR140(SN)

from 20th April 1998 which was initially valid upto 20th April 2005. However, with the enactment of the Patents (Amendment) Act, 2002 and the framing of the Patent Rules, 2003, the plaintiffs patent bearing No.186857 has been subsequently extended for … Rule 14 of the Code of Civil Procedure 1908. The failure to produce the assignment document as per Section 68 of the Act is fatal to the plaint and consequently, the plaint ought to be rejected under … (quoted with approval by Fry L.J. in Humpherson v. Syer, (1887-4 RPC 407) by any means whatsoever, no subsequent patent for it can be granted

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Dec 09 2011

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

Court : Karnataka

Decided on : Dec-09-2011

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 … monopoly during which the inventor becomes entitled to prevent others from performing his invention except by his licence. 40. The object of Patent Law is to encourage scientific research, new technology and industrial progress. Grant of exclusive

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