Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 26 in cases of obtaining controller may treat the patent as the patent of opponent Court: madhya pradesh Page 1 of about 1 results (0.147 seconds)

Deva Vs. Durgashankar and ors.

Court : Madhya Pradesh

Reported in : AIR1986MP195

..... the repeal of section 108, government of india act 1915 and of the enactment of its provisions in section 223, government of india act of 1935 and later on in article 225 of the constitution of india there had not been any corresponding amendment of cl 15 of the letters patent and the reference to section 108 in cl 15 of the letters patent could not therefore, be taken as relating to these provisions, and that being so, the high court had no power to make rules in 1940 when the trade marks act was enacted under the repealed section and the ..... certain high courts might have been constituted by the letters patent, proceedings under article 226 of the constitution in those high courts, are not governed by letters patent and that an appeal from a decision of a single judge in such high court in a petition under article 226 of the constitution would, in no case, be maintainable under the letters patent it is true, as urged on behalf of the respondents, that even an obiter 'dictum of the supreme court is binding on this court but ..... judgment all that the supreme court has observed is that having formulated tests to decide whether an order passed in a suit should or should not be treated as judgment, the supreme court should not be held to have expressed any opinion on the question as to whether any order passed by a trial judge, in such proceedings, under article 226 of the constitution of india as are governed by rules framed under the civil pc and not by theletters patent, would or .....

Balkrishna Das and ors. Vs. Perfect Pottery Co. Ltd., Jabalpur and ors ...

Court : Madhya Pradesh

Reported in : AIR1985MP42; 1985MPLJ32

..... : -- and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the local legislature and of the indian legislature, and also of the governor general in council under section seventy-one of the* government of india act; and also of the governor general under section seventy-two of that act; and may be in all respects amended and altered thereby. ..... har 1 (fb) are cases where the terminology appearing in entry 11a of list iii has been interpreted to mean administration of justice separate from constitution and organisation of all courts, except the supreme court and the high courts, and the main basis of the reasoning is that by use of punctuation semi-colon after'administration of justice1 this entry in the list has been separated into two parts and administration of justice is not controlled by the last phrase 'except ..... law regulating the right of appeal in the high court under the letters patent section 100a introduced in the code of civil procedure by an amendment made in 1976 by the parliament, abolished letters patent appeals arising out of judgments in second appeals and the remaining letters patent appeals provided by clause 10 of the letters patent have been abolished by the state enactment this is within the competence of the state legislature, the power to legislate in respect of entries in list iii being concurrent with the only further requirement of obtaining the assent of the president under .....

Laxmi Narayan Nayak Vs. Ramratan Chaturvedi and ors.

Court : Madhya Pradesh

Reported in : AIR1986MP165; 1986MPLJ261

..... i had the advantage of going through the opinion of the learned acting chief justice that letters patent appeal lies under clause 10 of the letters patent against an interlocutory order which amounts to a 'judgment' within the meaning of that expression used in clause 10 in an election petition under the representation of the people act, 1951, but i regret that i am unable to subscribe to that view and according to me no such appeal lies against interlocutory orders which may amount to 'judgment' in an election petition filed under section 81 of the act. ..... it may also be noted that the view we are taking will make it possible for an aggrieved party to obtain redress from the high court without approaching the supreme court in the exercise of its extraordinary jurisdiction under article 136...........the view contended for on behalf of the petitioner and the second respondent, therefore, commends itself to use and we accept it in preference to the view contended for on behalf of the first respondent. ..... thirumali kumar, ilr (1970) 2 mad 183).it may be mentioned that the rajasthan full bench case distinguished these cases by simply saying that all the aspects considered by the full bench were not considered in those cases. ..... 'petition' and 'application' are used interchangeably and the party ranged on opposite side is variously called 'opponent', 'counter-petitioner', 'non-applicant' or 'respondent'. .....

Malwa Vanaspati and Chemical Co. Ltd. Vs. Union of India (Uoi), Throug ...

Court : Madhya Pradesh

Reported in : 1979(4)ELT243(MP)

..... the definition of 'manufacture' provided in section 2(f) of the act indicates that ancillary process of packing and tinning will also form part of the process of manufacture; whereas learned counsel for the petitioners, on the other hand, contended that in this definition where the legislature intended to include the process of packing and tinning it has specifically so provided and as in the case of the ..... in relation to tobacco, includes the preparation of cigarettes, cigars, cheroots, biros, cigarette or pipe or hookah tobacco, chewing tobacco or snuff, and (ii) in relation to salt, includes collection, removal, preparation, steeping, evaporation, boiling or any one or more of these processes, the separation or purification of salt obtained in the manufacture of saltpeter, the separation of salt from earth or other substance as to produce elementary salt and excavation or removal of natural saline deposits or efflorescence; (iii) in relation to patent or proprietary medicines as defined in ..... may sell his entire production to a single wholesale dealer and the latter may in his turn sell the goods purchased, by him from the manufacturer to different wholesale dealers at state level, and they may in their turn sell the goods to wholesale dealers at the district level and from the wholesale dealers at the district level the goods may pass by sale to wholesale dealers at the city level and then, ultimately from the wholesale dealers at the city level, the goods may reach the .....

Abdul Taiyab Abbasbhai Malik and ors. Vs. the Union of India (Uoi) and ...

Court : Madhya Pradesh

Reported in : AIR1977MP116; 1977MPLJ227

..... we have already noticed that provisions similar to sub-section (3) of section 51 of the act exist in almost all the letters patent or the acts under which the various high courts have been constituted and in exercise of the power conferred by such provisions it was left to the chief justice with the concurrence of the governor to determine the place or places where the judges or division courts of the high court concerned may sit to dispose of cases. ..... that wherever it appears to the governor in council of the central provinces, subject to the control of the governor general in council, convenient that the jurisdiction and power by these our letters patent, or by or under the government of india act, vested in the high court of judicature at nagpur should be exercised in any place within the jurisdiction of any court subject to the superintendence of the said high court, other than the usual place of sitting of the said high court, or at several such places by way of circuit, one or more judges of the court shall visit such .....

Smt. Shashibai and Five ors. Vs. Smt. Revabai Agrawal and Four ors.

Court : Madhya Pradesh

Reported in : AIR2008MP64; 2007(4)MPHT467; 2008(1)MPLJ92:2008AIHC658(F.B)

..... short title and commencement (1) this act may be called the madhya pradesh uchcha nayaylaya (letters patent appeals samapti) adhiniyam, 1981. ..... , it shall not be construed as reviving any enactment previously repealed, unless words are added reviving that enactment.referring to the change of law brought about by section 11(1) of the interpretation act, 1889 with effect from 1850, maxwell on the interpretation of statutes (twelfth edition) says:the common law on the point was altered in 1850, by a provision now to be found in section 11(1) of the interpretation act 1889 : where an act passed after 1850 'repeals a repealing enactment, it shall not be construed as reviving any enactment previously repealed, unless words ..... there is also no other provision in the 1981 adhiniyam from which the court can hold that the 2005 adhiniyam expressly or implicitly revived appeals under clause 10 of the letters patent from an order, judgment or decree of the learned single judge to the division bench in cases other than those in which the learned single judge has exercised original jurisdiction under article 226 of the constitution.13. .....

K.L. Chaturvedi Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1960CriLJ1614

..... section 6(2) (b) and (c) provided that the central government may, after consultation with the drugs technical advisory board constituted under section 5(2) of the act, make rules prescribing the procedure for the grant of certificate of registration by the central drugs laboratory in respect of patent and proprietary medicines which do not display on the label or container the true formula or list of ingredients contained therein as -required by section 18(a) (iii) of the act ..... section i8(a) (iii), as amended, reads:any patent or proprietary medicine, unless there is displayed in the prescribed manner on the table or container thereof the true formula or list of ingredients contained in it in a manner readily intelligible to the members of the medical profession;it would be observed that whereas formerly the petitioner could choose not to disclose the true formula or list of ingredients, provided he had obtained a certificate of registration from the central drugs laboratory, now, under the amended provisions, the disclosure of the true formula or the list of ingredients on the label or container of his patent ..... , or very commonly, be imposed upon, the circumstances being such, that ordinary personal caution will be ineffectual to guard against it.in this case, it was further observed:no man has the right, protected by the constitution from legislative interference, to keep secret the composition of such goods in order that others may be induced to purchase and use what they .....

Ansaldo Energia, S.P.A. Vs. M.P.State Electricity Board

Court : Madhya Pradesh

..... union of india, (2010) 1 scc 40.held that the court while deciding the matter under section 34 of the act cannot substitute its own view contrary to the opinion of the arbitrators who have recorded findings after appreciation of facts of the case. ..... (g) the aforesaid award was challenged before the district judge by the respondents under section 34 of the arbitration and conciliation act, 1996 on the following grounds:- (1) that the bank guarantees were independent agreements between the bankers of the claimants and the respondents therein and thus the respondents were fully entitled to encash the bank guarantees unequivocally, unconditionally and demand in writing. ..... and in para 67 it was held that the award for the payment of amount of the bank guarantees with interest was patently illegal and goes to the root of the matter and that part of the award directing the respondents to refund the amount which was wrongfully encashed by the encashment of the bank guarantees was set aside.7. ..... in reply to it, the anz grindlays bank had sent a letter to the respondent on 13.06.2011 apprising the action required for cancellation of the supply as per exchanged control regulation. ..... on 08.05.2001, the appellant had sent another letter stating that the last date of shipment was already changed from june 8, 2001 to february 21, 2002 and earlier letter dated 7th may, 2001 should be treated as cancelled. .....

Commissioner, Dew As Municipal Corporation Vs. Anusueeya w/o Babulaal ...

Court : Madhya Pradesh

..... this court keeping in view the aforesaid, as the order passed by the learned district judge does not suffer from any patent illegality nor any jurisdictional error has been committed while passing the order, is of the considered opinion that no case for interference in the matter under article 227 of the constitution of india is made out. ..... (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high courts power under article 227. ..... the order further reflects that there is an allegation in the plaint that without any notice the municipal corporation has demolished the house of the respondent i and the officers have forged certain documents in order to take shelter of section 402 of the act of 1956. ..... an application was preferred on behalf of the defendants stating that in light of section 402 of municipal corporation act, 1956, no civil suit is maintainable as the officers of the municipal corporation are enjoying immunity for any act done by them in good faith. ..... (l) on a proper appreciation of the wide and unfettered power of the high court under article 227, it transpires that the main object of this article is to keep strict administrative and judicial control by the high court on the administration of justice within its territory. .....

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

..... before the commencement of section 5; and every such appeal shall be disposed of as if section 5 had not come into force; (b) the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before the commencement of ..... for studied deliberation is whetherby introduction of section 100a of the code which has come into effect on 1-7-2002 atrophies the pending appeals preferred under clause 10 of the letters patent and also effaces the right of filing such appeals after the said cut-off date or the amendment does not guillotine the pending appeals prior to coming of the aforesaid provision but does decimate and nullify the right of such preferring of appeal after the said provision brought on the statute book.4. mr. n.s. kale, learned .....