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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

a classic illustration of the confusion which has emerged on account of the postponement of in-part commencement of Patents (Amendment) Act, 2005.4. Quite often the commencement of an Act is postponed to some specified future date or to such date … 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 … - Appeal disposed of - INDIAN ELECTRICITY ACT (30 OF 2003) Sections 52, 79 (1) (j),121 & 142: [Dr. Arijit Pasayat& P. Sathasivam, JJ] Petition

itc Ltd. Vs. State of Assam and ors.

Court : Guwahati

Subject : Sales Tax

Tax (Amendment) Ordinance, 2005 (hereinafter referred to as 'the AET (Amendment) Ordinance, 2005') or the Assam Entry Tax (Amendment) Act 2005 (hereinafter referred to as 'the AET (Amendment) Act, 2005') are compensatory in nature? What is the difference between … Constitution of India? Is the State Government, while making legislation under Entry 52 of the State List, bound by Part XIII of the Constitution of … the traders as a class and, at the same time, does not require the traders not to pay patently much more than what is required for providing such facilities to them, the court held that the concept … 2001 (hereinafter referred to as 'the AET Act, 2001'), notifications, issued under Section 3(4) thereof, imposing entry tax on goods, such as, biscuits, textiles and

Garikapatti Veeraya Vs. N. Subbiah Choudhury

Court : Supreme Court of India

Subject : Civil

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 193, 194, 195, 195(6), 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228; Code of Civil Procedure (CPC), 1908 - Sections 96, 100, 109, 110, 152 and 154 - Order 21, Rule 90; Constitution of India - Articles 133 and 135; Government of India Act, 1935; Federal Court (Enlargement of Jurisdiction) Act, 1947

Reported in : AIR1957SC540; [1957]1SCR488

of Civil Appellate Jurisdiction. After the payment order had been made Pepsu Ordinance (X of 2005) was promulgated. Section 52 of the Ordinance required a certificate of fitness for appeal in all cases, including the winding up cases. … applied for leave to appeal to the Privy Council. On April 1, 1926, came the Indian Income Tax Amendment Act, 1926 which added s. 66A to the Indian Income Tax Act which gave a right to appeal. The … a superior court. This was regulated by the provisions of the Letters Patent of each particular High Court. It will suffice for our present purpose

F. Hoffmann-La Roche Ltd. and Others Vs. Cipla Ltd. and Another

Court : Delhi

Subject : Land Acquisition

to pharmaceuticals. 47. Section 3 is an exclusionary clause'. The present provision was expanded by way of the Patents (Amendment) Act, 2005. Despite the fact that ˜inventionis exhaustively defined, the need for an exclusionary provision obviously arose from the Legislative … substance is rejected/abandoned then the said new form is covered under a prior patent relating to that substance. 52. Ms.Pratibha M.Singh learned Senior Counsel laid particular emphasis on what she states is the purpose of Section 3(d)

Bayer Corporation vs.union of India & Ors.

Court : Delhi

Subject : Education

of the fact that the term "importing" was specifically included in Section 107A of the Act by the Patents (Amendment) Act, 2005, without any mention of the word export" or "offering for sale". This clearly indicates that the legislature did … philosophical experiments, or for the purpose of ascertaining the sufficiency of the machine to produce its described effects." 52. The next phase in the development of this branch was in Roche where the patentee plaintiff Roche Products,

Sp.Chockalingam Vs. Controller of Patents

Court : Chennai

Subject : Education

that the amendment introduced to Section 126 of the Patents Act, 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 (Act 15 of 2005) as illegal, unconstitutional, ultra vires and void. For Petitioner : Mr.SP.Chockalingam, party-in-person For Respondents

Indian Oil Corporation Ltd. (Guwahati Refinery) Vs. State of Assam and ...

Court : Guwahati

Subject : Other TaxesSales Tax/VAT

thereupon the said Schedule shall be deemed to have been amended accordingly, [deleted by Assam Entry Tax (Second Amendment) Act, 2005 with effect from May 12, 2005]5. Exemption from tax.-Notwithstanding anything contained in Section 3 and Section 4, and … enacted in exercise of powers under article 246 read with the entry 52 of List II of the Seventh Schedule to the Constitution of India … people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities. It would be impossible to judge the compensatory

Novartis AG Vs Venkata Narayana Active Ingredients Pvt Ltd

Court : Chennai

The Patents (Amendment) Ordinance, 2004, was replaced by the Patents (Amendment) Bill, 2005, which culminated in the Patents (Amendment) Act, 2005.55. Section 107A now reads … Subject to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002 (38 of 2002), and the term of every patent which has not expired and has not ceased … to temporarily or accidentally enter India. A parallel may also be drawn with the fair use provision in Section 52 of the Copyright Act, 1957 and sub-sections (2) and (3) of Section 30 and Section 35 of the

Astrazeneca Ab & Ors vs.p Kumar & Anr

Court : Delhi

Subject : Land Acquisition

therefore, seen the meaning of ―invention‖, we may now advert to Section 3 as it stands after the amendment of the Act in 2005. twin the 34. For the purpose of deciding the aforesaid dispute, reference may … from selling, marketing or dealing with TICAGRELOR tablet or any drug which is in violation of the registered patents of the plaintiffs being IN907 IN984 and IN674 On 23.04.2018 a similar interim order was passed in IA … The empirical formula of TICAGRELOR is C23H28F2N6O4S and its molecular weight is 522.57. TICAGRELOR has the following structural formula:7. Claim 1 of IN '907 discloses

Spic Southern Petrochemicals Industries Corporation Ltd. Vs. M/S A.K. ...

Court : Karnataka Dharwad

Subject : Land Acquisition

17 of the Negotiable Instrument Act is inserted by the Banking, Public Financial Institutions and negotiable Instrument Laws (Amendment) Act 1988. It has come into effect from 01/04/1989. Five sections are added under the Amendment Act insofar as … that is to say, if the words are semantically ambiguous, or if a provision, if read literally, is patently incompatible with other provisions of that Instrument, the Court would be justified in construing the words in a … the complainant contends that the accused has committed an offence punishable under Section 138 of the Negotiable instrument Act. 5(c). The presence of the accused … Act, convicted the accused. 5(e). The used has preferred Criminal Appeal No. 52/2008 on the file of the Fast Track Court -I. The Learned District