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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 … meaning to each of them, but the specification and the claims must be looked at and construed together. 49. When the Registrar is a processee, in an application for patent for a process under Section 5 of

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

Court : Karnataka

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

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 … a unit with regard to its suitability for being propagated, which FAO (OS) (COMM) 86/2017 & 76/2017 Page 49 of 60 remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety,

V. Thirulokachander Vs. Union of India, rep.by its Secretary, Dept.of ...

Court : Chennai

Subject : Education

bye-laws of the third respondent co-operative society, as being inconsistent with the provisions of the Multi-State Co-operative Societies Act, 2002, ( Act in short) and to set aside the registration granted by the second respondent to those amendments … (Prayer: Appeal filed under Clause 15 of the Letters Patent, against the order dated 28.04.2016 passed by this Court in W.P.No.26080 of … (i) The prayer made in W.P.No.26080 of 2013 was to quash the amendments which have been made to the bye-laws of the third respondent co-operative … found consistent with the provisions of the Act and the same was registered. It was further submitted that Section 49(2)(e) of the Act, empowers the Board of the society to make provisions for regulating the appointment of employees

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 … all such laws. In Clause 35 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 was accordingly thought that the Code … the subject matter thereof. Having regard to Section 4 read with Order 49 of the Code only certain provisions of the Code as specified therein

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Subject : Intellectual Property RightsCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 96, 100, 100A, 104, 104(1), 104(2) and 105 - Order 43, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 97, 109(5) and 109(8); Code of Civil Procedure (CPC) (Amendment) Act, 1999 and 2002

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

Judge of the High Court in writ proceedings has been done away with, consequently now with the C.P.C. Amendment Act, 2002, abolition of Letters Patent Appeals is confined to appeals against the judgment of a single Judge exercising his … of its original civil jurisdiction, namely, Section 16, 17 and 20. Order 49 contains special provisions for the procedure for Chartered High Courts, more particularly … AIR2000Guj139 about-interpretation of the provisions of Section 100A of the C.P.C. and of Clause 15 of the Letters Patent and made the following observations :-'It would thus appear that neither under Section 100A of the C.P.C., nor

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. … the plaintiff must prove non-applicability of every section which sets out situations of non-infringement such as Section 47, 49, etc. FAO (OS) (COMM) 169/2017 Page 18 of 90 25. It is argued further that even if Section

Smart Chip Ltd. and anr. Vs. State of U.P. and ors.

Court : Allahabad

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 41, 41(3), 41(5), 64 and 65; Central Motor Vehicles Rules, 1989 - Rules 2 and 81; Central Government Motor Vehicles (Amendment) Rules, 2002; Constitution of India - Articles 14, 19(1) and 226

Reported in : AIR2003All80

two hundred shall be charged for such card.' 49. The Third Amendment Rules prescribed a new form … card is patented by Drexier Technology Corporation. True copy of the printout with respect to some of the patents of Drexier Technology Corporation is Annexure P-11 to the writ petition. It is alleged that since every aspect … rules were amended by the Government of India vide gazette notification dated 31-5-2002. The draft of the proposed amendment of the Rules was published in the Central Government gazette on 15-1-2002 inviting objection or suggestions from all … standardize various, functions and technologies. This is vital because the Motor Vehicles Act under which these tasks are performed is a central Act which needs … of the petitioner was one of them. According to the tender document Section II Clause 2.1, the bidders were asked to put only three sealed

State of Punjab Vs. Madan Gopal

Court : Punjab and Haryana

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 6 and 49

Reported in : AIR1961P& H507

under Order 43, Rule1 of C.P.C., - Held, After introduction of Section 110A in the C.P.C., by 2002 Amendment Act, no Letters Patent Appeal is maintainable against judgment/order/decree passed by a Single Judge of a High Court. A … [As inserted by Act 22 of 2002], 110 & 104 & Letters Patent, 1865, Clause 10: [Dr. B.S. Chauhan, CJ, L. Mohapatra & A.S. Naidu, … of a house, manufactory or other building and the owners could object to part acquisition in view of Section 49(1) of the Act. That was not a case where part of a field number of agricultural land was

Commissioner of Income Tax, Delhi Vs. Woodward Governor India P. Ltd.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 29, 30 to 43D, 48, 50, 56, 143, 143(1), 143(2), 144, 145, 145(1), 145(2) and 145(3); Finance Act, 2002; Companies Act - Sections 209; Finance Act, 1967

Reported in : (2009)223CTR(SC)1; [2009]312ITR254(SC); JT2009(5)SC378; 2009(5)SCALE198; (2009)13SCC1; [2009]179TAXMAN326(SC); 2009(3)LC1519(SC); [2009] 5 SCR 738

next contended that on a proper and true interpretation of the amendment to Section 43A, introduced by Finance Act, 2002, Section 43A is clarificatory. According to the learned Counsel, the occasion for the clarificatory amendment arose in view of … the imports is made on 15.4.2002 when the exchange rate is Rs. 49 per US $. However, on the balance sheet date, 31.3.2002, the rate … [Sections 32 and 43(1)], and also as regards capital assets for scientific research [Section 35(1)(iv)] and also regarding patent rights or copyrights [Section 35A].31. As held in Arvind Mills case (supra) increase or decrease in liability in