Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 40 liability for contravention of section 35 or section39 Court: rajasthan Page 1 of about 1 results (0.064 seconds)

M/S Perfect Thread Mills Ltd Vs. Competent Authority Cum Sdo Girwa an ...

Court : Rajasthan Jodhpur

..... laid down inter alia are: (1) the sale must be a genuine transaction, that (2) the sale deed must have been executed at the time proximate to the date of issue of notification under section 4 of the act, that (3) the land covered by the sale must be in the vicinity of the acquired land, that (4) the land covered by the sales must be similar to the acquired land and that ..... below as well as by other authorities is de hors the fundamental policy of indian law propounded by the hon'ble apex court in western geco international limited: (2014) 9 scc263 learned counsel for the appellant further submits that learned competent authority, arbitral tribunal as well as learned court below have adopted a very 6 pedantic and unrealistic approach in determining the market value of the land which ..... respondent no.2 nhai reportable by the court: appellant, a company duly registered under the companies act, 1956 has laid this appeal under section 37 of the arbitration and conciliation act, 1996 (for short 'the act of 1996') to assail the impugned order dated 05.02.2011 passed by the learned additional district judge no.3, udaipur (for short 'the learned court below') as well as the award dated 02.01.2007 rendered by ..... for in section 34(2)(b)(ii) of the act of 1996 has been held to include situations of injustice and immorality as also situations of patently ..... violation of due process would also be hit by public policy contravention within the meaning of section 34(2)(b)(ii) of the act of 1996. . .....

Jalani Karyalaya Vs. Commercial Taxes Officer Circle 'D'

Court : Rajasthan

Reported in : 1994(3)WLC386; 1993WLN(UC)442

..... he lastly contended that section 3(a), drugs and cosmetics act, 1940 defines ayurvedic drug and it does not define medicine, section 2(1), patents act, 1970 defines medicine and drug, as such it is not necessary to see the meanings of these words as given in the aforesaid dictionaries and as interpreted in the cases relied upon by the petitioners and the ..... referred to by the learned counsel for the petitioners, various items in respect of which taxable liability was disputed were held on facts ..... section 3(a), drugs and cosmetics act, 1940 runs as under:(a) ayurvedic, siddha or unani drugs includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, and manufactured exclusively in accordance with the formulae described in, the authoritative books of ayurvedic, siddha and unani tibb systems of medicine, specified in the first schedule.this act ..... use of human beings or animals, (ii) all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of diseases in human beings or animals,(iii) all substances intended to be used for or in the maintenance of public health, or the prevention or control of any epidemic disease among human beings or animals,(iv) insecticides, germicides, fungicides, weedicides and all other substances intended to be used for the protection or preservation of plants;(v) all chemical substances which are ordinarily used .....

Perry Bottling Company Vs. S.S. Soda and Soft Drinks Company and ors.

Court : Rajasthan

Reported in : 2003(26)PTC555(Raj); RLW2003(1)Raj77; 2002(3)WLC333; 2002(2)WLN593

..... section 6 of the act of 1970 provides the persons who are entitled for submitting application for getting patent under the act of 1970, as provided under the act of 1958, the provisions are there in the act of 1970 for giving patent to the inventors of their work. ..... according to the learned counsel for the respondents, the work or the words 'fruit beer' is not invention of the plaintiff otherwise the plaintiff would have got its registration under the patents act, 1970 (hereinafter referred to as 'the act of 1970'). ..... section 108 of the act of 1970 empowers the court to grant injunction and relief of damages in case of infringement of the patent right of patentee.17. ..... section 48 of the act of 1970 confers exclusive right to make, use, exercise, sell or distribute the invention of the patent. ..... the learned counsel for the respondents could not point out that how the person holding registration under the act of 1958, cannot maintain a suit for injunction, if he has not got registration of his work under the act of 1970. ..... in chapter iv, section 27 provides that no person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark whereas sub-section (2) of section 27 provides that nothing in this act shall be deemed to affect rights of action against any person for passing off goods as the goods of another person or the remedies in respect thereof. .....

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

..... pai, reported in air 1998 sc 424, a question came up for consideration before the apex court as to whether the power of appeal under section 15 of the letters patent, which is a charter under which the high court of bombay functions, the said provision for appeal would not have been whittled down by statutory provisions of section 6(3) of the specific relief act? ..... section 100-a was inserted by the code of civil procedure (amendment) act, 1976 declaring that --'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 law for the time being in force, no further appeal (letters patent appeal) will lie against the decision of a single judge in a second appeal.'15. ..... section 100a, cpc which contains non-obstante clause giving overriding effect over the acts or other instruments having the force of law, would not have impact on motor vehicles act, for the reason that the tribunal is not a civil court and secondly letters patent is not an enactment. ..... state of bihar, reported in (2002) 3 jt (sc) 43 : (air 2002 sc 1357), a question came up for consideration for maintainability of the letters patent appeal against the decision of the learned single judge on an appeal preferred under section 54 of the land acquisition act. .....

Mohan Raj Vs. the Assistant Commissioner

Court : Rajasthan

Reported in : 1980WLN(UC)255

..... which was being under taken by the petitioner are patently without jurisdiction under the provisions of the rajasthan public trusts act, the assistant devasthan commissioner is not empowered to pass any such orders. ..... it was submitted that the impugned orders were patently without jurisdiction, and without any authority under any law.4. mr. v.n. ..... parekh, learned counsel for the petitioner submitted that the assistant commissioner of devasthan, whose powers were being exercised by sdo had no jurisdiction in any law either the rajasthan public trust act or otherwise, to take cognizance of this dispute, which was purely of a civil nature and either adjudicate or to pass a stay order. ..... 1, assistant commissioner, devasthan pali is restrained from passing any further orders in this dispute between the parties for adjudicating their title to the property. ..... 1 dated 11-1-74 and 1-2-74 and notice dated 11-1 74 should be quashed as they were patently without jurisdiction.3 mr. ..... 1 on this application passed an order for maintenance of status quo on the said plot and serving notice on the petitioner. ..... it appears that the impugned orders for staying the construction. ..... i have considered the submission of the learned counsel for the parties. ..... modi, the learned counsel for the respondent no. ..... 2 fairly and frankly submitted that though he has tried to study the entire scheme and provisions of the rajasthan public trust act. .....

Uco Bank and anr. Etc. Vs. Roopa Ram and Etc.

Court : Rajasthan

Reported in : AIR2003Raj222; RLW2003(4)Raj2167; 2003(3)WLC284

..... lal chand, reported in (2001) 1 wlc 129 : (air 2001 raj 87) held that provisions of section 18 of the rajasthan high court ordinance, 1949 are pari materia with the clause 15 of the letters patent act, which applies to the bombay high court and certain other high courts. ..... --for section 100-a of the principal act (as substituted by section 10 of the code of civil procedure (amendment) act, 1999), the following section shall be substituted, namely:--100-a. ..... -- notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie from the judgment and decree of such single ..... -- 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 law for the time being in force,-- (a) where any appeal from an original or appellate decree or order is heard and decided,(b) where any writ, direction or order is issued or made on an application under article 226 or article 227 of the constitution,by a ..... thus, for section 100-a of the principal act (as substituted by section 10 of c. p.c. ..... substitution of new section for section 100-a:--for section 100-a of the principal act, the following section shall be substituted, namely:--'100-a. .....

R.S.R.T.C. and Etc. Etc. Vs. Vaibhav Kumar and ors. Etc.

Court : Rajasthan

Reported in : 2008ACJ473; AIR2007Raj147; RLW2007(4)Raj3022

..... powers has the trappings of a court and an appeal under section 10f of the companies act from its order to the single judge is not amenable to further appeal (letters patent) to the division bench of the same court because of section 100a of the code of civil procedure, a fortiori, an order passed by the single judge in appeal under section 173 of the motor vehicles act from the order/ award of the motor accident claims tribunal shall ..... the said provision reads as follows:section 100a : no further appeal in certain cases:- notwithstanding anything contained in any letters patent for any high court in any other instrument having the force of law or in any other law for the time being in force,a) where any appeal from an original or appellate decree or order is heard and decided.b) where any writ, direction or order is issued or made on an application under article 226 or article ..... at present section 100a is as under:section 100a : no further appeal in certain cases:--notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie from ..... of their own under the scheme of the courts and tribunals and special matters and questions are entrusted to them for their decision yet they share with the courts one common characteristic viz. .....

State of Rajasthan and anr. Vs. R.C. Misra and ors.

Court : Rajasthan

Reported in : RLW2003(1)Raj155; 2003(1)WLN371

..... for the repeal of bombay high court (letters patent) act, 1866, it was stated that this act was introduced to correct two clerical errors and subsequently, by virtue of amendments made in 1948, that no longer serves the purpose. ..... it is in the aforesaid circumstances, the question before the supreme court in hemlatha's case was firstly whether kerala high court was a high court governed by the letters patent within the meaning of sub-section (3) of section 98 cpc, which would make section 98 cpc inapplicable to the situation which has arisen before the division bench of the kerala high court in hearing the appeals. ..... civil special appeal no.846 of 2001, decided on 13.12.2001) holding that there is no other provision existing in any statute, ordinance or rules providing for an appeal against the judgment and order of the learned single judge before a division bench other than section 18 of the rajasthan high court ordinance, 1949 and as the rajasthan high court ordinance, 1949 stood repealed, it is difficult to assume that the present appeal is maintainable. ..... , bombay, madhya pradesh and punjab high courts of part b states and the judicial commissioners of part c states were abolished vide section 50 of the slate reorganisation act, 1956 and new high courts came into existence for the newly stales, except bombay, madhya pradesh and punjab. .....

Firm Poonam Nahta Vs. Amarchand and ors.

Court : Rajasthan

Reported in : 1972WLN1124

..... on them in the alternative it is averred that at best these documents can be covered by the term 'agreement' and they should therefore, be governed by article 5 of the rajasthan stamp act (hereinafter referred to as 'act') it is also urged that since the error committed by the learned district judge is patent on the face of he record, his court must exercise its extra ordinary jurisdiction to undo justice that has been done to the petitioner by asking him to pay the stamp ..... that a gross injustice is going to be perpetuated it is true that the high court while exercising its jurisdiction under article 226 or 227 cannot assume the role of an appellate authority, but if the mistake of law is patent on the face of the record and if that error is likely to perpetuate gross injustice to the parties then in extra ordinary circumstances this court has been vested with a jurisdiction under article 226 and 227 to correct ..... therefore, perhaps he thought that the liabilities for the amounts mentioned in these documents were taken up by the executant by executing the impugned documents ..... gupta that a revision petition can lie before this court under section 115 of the code of civil procedure, in my opinion, stands decided by the full bench authority of this court in harakhchand ..... has been negativated by the full bench authority in harakchand's case 1970 rlw 320. ..... 1969 rlw 248 have been over-ruled by the full bench judgment in harakchand's case 1970 rlw 320. ..... state of rajasthan 1970 rlw 320. .....

Mohan Lal and Etc. Vs. Lal Chand and Etc.

Court : Rajasthan

Reported in : AIR2001Raj87

..... the provisions of section 18 of the ordinance are pari materia with clause 15 of the letters patent act, which applies to the bombay high court and ..... a presidential order dated 27th october, 1956 issued under section 51 (1) of the reorganisation act, it was directed that the principal seat of the high court for the new state of rajasthan shall be at jodhpur. ..... his highness the raj pramukh is pleased to direct that until further orders the high court of judicature for rajasthan shall also sit simultaneously :-- (i) at jaipur to dispose of the work arising in the jaipur and kotah division, and (ii) at udaipur to dispose of the work arising in ..... on 30-3-1949, as ten major states in the former rajputana agency remained unintegrated, a fresh covenant was executed, providing for the merger of four new covenanting states bikaner, jaipur, jaialmer and jodhpur integrating their territories in one state, with common executive, legislature and judiciary in the name of the united state of ..... the court, however, observed that as to whether a petition is under article 226 or 227 of the constitution, it will be for the high court to examine the facts of each case and satisfy that the substantial part of the order under appeal is against article 226 or article ..... promulgated rajasthan high court ordinance 1949 (in short 'high court ordinance' or 'ordinance') to provide for the establishment of a high court of judicature for rajasthan for the peace and good government of the united state of rajasthan'. .....