Judgment Search Results Home > Cases Phrase: patents act 1970 39 of 1970 section 93 order for licence to operate as a deed between parties concerned Page 6 of about 1,013 results (0.541 seconds)

Satish Maganlal Vora Vs. Union of India and ors.

Court : Gujarat

Reported in : (2001)3GLR2192

..... was stated by his learned counsel that the appellant had even applied for a patent under patents act, 1970, but the concerned authority returned his application (which was shown to the court) for want of details of the process. ..... by virtue of the powers of the central government under section 3, the central government is empowered, by order, to provide for regulating or prohibiting the production, supply and distribution of petroleum and petroleum products and trade and commerce therein under sub-section(1) of section 3, and to provide in such order for, regulating its production or manufacture by licences, permits or otherwise, controlling the price at which it may be bought or sold or for other matters covered by sub-section (2) of section 3. ..... under section 3 of the said act, it has been provided that, if the central government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, or for securing any essential commodity for the defence of india or the efficient conduct of military operations, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce ..... the mines & minerals act, 1957 was enacted keeping in view the differentiation made between the petroleum and other minerals in ..... the tests carried out did not substantiate the claims made by the party about the product. .....

1.The Principal Secretary, Vs. M.Palanikani

Court : Chennai

..... 29.m.annamayee 30.s.anthoniyammal 31.v.jaya 32.n.nimila 33.r.dhanabalan 34.k.lakshmi 35.s.chinnathai 36.p.pushpam 37.s.abdul lathif khan 38.s.kalyani 39.m.jothimani 40.v.rajaboopathy 41.p.thiagarajan 42.a.thoulath beevi 43.j.ponmudy 44.s.alice 45.g.mary rosline pelisal 46.s.rajeswari 47.v.santha ..respondents prayer : writ appeal filed under section 15 of letters patents act to set aside the order dated 11.06.2013, passed in w.p. ..... 600 018 ..appellants versus m.palanikani ..respondent prayer : writ appeal filed under section 15 of letters patents act to set aside the order dated 27.06.2012, passed in w.p. ..... apart from being violative of the rights then available under articles 31(1) and 19(1)(f).the impugned amendments, insofar as they have been given retrospective operation, are also violative of the rights guaranteed under articles 14 and 16 of the constitution on the ground that they are unreasonable and arbitrary since the said amendments in rule 2544 have the effect of reducing the ..... it is well settled principle of law that if any conflict arises between the rule and the government order, the rule alone will prevail; and (u) the judgments relied on by the learned counsel for the firs.respondent are not applicable to the present case. ..... the correctness of the reasons which prompted the government in decision-making taking one cours.of action instead of another is not a matter of concern in judicial review and the court is not the appropriate forum for such investigation. 7. .....

Ms. Anvita Singh Vs. Union of India and Another

Court : Delhi

..... related to patent, drafting, filing and prosecuting application for grant of patent registration by the patent office under the patents act, 1970 (hereinafter referred to as the act) and has ..... the examinations, the respondents were only granting registration as patent agent which could entitle a person to have his/her practice as patent agent as such patent agent acquires certain rights stipulated in section 127 of the act, which is to the following effect:-section 127 - rights of patent agents subject to the provisions contained in this act and in any rules made there under, every patent agent whose name is entered in the register shall ..... in this petition we cannot sit as a court of appeal and try to reassess the relative merits of the candidates concerned who had been assessed at the oral interview nor can the petitioners successfully urge before us that they were given less ..... while examining the rule giving weightage to the interview viva voce marks, the courts have made distinction between those cases which pertain to admission to educational institutions from the cases which deal with the appointment ..... it is in the nature of self employment and status of professional attached to such a patent agent, minimum educational qualification in order to become patent agent, a person has to have the minimum qualification as well as experience, he has to pass ..... out from the judgments cited by the learned counsel for both the parties as they are crystalised and firmly established in those .....

Madhavdas Devidas and ors. Vs. Vithaldas Vasudeodas and ors.

Court : Mumbai

Reported in : AIR1952Bom229; (1952)54BOMLR94; ILR1952Bom570

..... of the words 'and from no others' and the omission of the words 'and save as otherwise expressly provided in the body of this code or by any law for the time being in force' is, so far as section 39(1) is concerned, to take away the right of appeal given under clause 15 of the letters patent, that, as a matter of fact, was the view which was taken by this court in original side appeal in runchodas purshottam and co. v. ..... he points out that the legislature has added the word 'second' between the words 'no' and 'appeal', which occurred in sub-section (2) of section 104, and it is his contention that this word was added specifically in order to show that the appeal which was excluded was the second appeal, which is referred to in the ..... the reason why, therefore, the legislature has chosen to exclude the appeals to his majesty in council from the operation of sub-section (2) of section 39 is that they wanted to exclude these appeals, because a literal interpretation of the words 'second appeal' would include an appeal to his majesty in council, when the appeal to the high court ..... he makes is that, in the first instance, just as the wording of sub-section (1) of section 39 differs from the wording of sub-section (1) of section 104 of the code, similarly the wording of sub-section (2) of section 39, arbitration act, differs from the wording of sub-section (2) of section 104 of the code of 1908. ..... limited and qualified right; bat such as it was, it was open to the party prior to 14-1-1928. .....

Balde Pentaiah Vs. Balaganti Mallaiah

Court : Andhra Pradesh

Reported in : AIR1968AP228

..... the right of appeal therefore must be exercisable shorn of all the limitations of the letters patent rules, as the said rules should guide us only in so far ai fixation of forum is concerned for purposes of section 39(1) of the indian arbitration act.3. ..... their lordships observed that the qualifying expression 'to the court authorised by law to hear appeals from original decrees of the court passing the order' in section 39(1) does not import the concept that the appellate court must be distinct and separate from the court passing the order or the decree, that the legislature has not so enacted and the context does not warrant such an interpretation and that the clause merely indicates the ..... that apart, having regard to the nature of the order if it be deemed that he was functioning as an appellate court in view of the prohibition contained in section 39(2) of the arbitration act no second appeal shall lie from an order passed by him these observations are of little assistance to the learned counsel, but he relies on further observations of the learned judges which were unnecessary for the decision of the said case after the learned judges had made the above remarks. ..... so then, according to the above test if the party is aggrieved by an appellate order made under the arbitration act by a single judge of this court he may appeal to the divisional bench of this court which is the proper forum to hear that appeal section 39(1) be it remembered gives an absolute right of appeal. .....

Anilkumar Phoolchand Sanghvi and Another Vs. Chandrakant P. Sanghvi an ...

Court : Mumbai

..... appeal under section 37 of the arbitration and conciliation act, 1996 (for short, "the arbitration act"), filed by the appellants-petitioners, thereby challenging judgment and order dated 22 december 2015, passed by the learned single judge, whereby chamber summons no.905 of 2013 filed by respondent nos.1 to 5, (original respondent nos.1 to 5) is allowed and revoked the leave granted to the appellants under clause xii of the bombay high court (letters patent) act, 1866 (for short, "the letters patent act"), by ..... the agreements between the parties, and taking note of even clause xii of the letters patent act, the learned judge who has granted the leave ex-parte, but after hearing the parties by the reasoned order revoked ..... averments made for leave under clause xii on the basis of proposed petition under section 9 of the arbitration act by the appellants-original petitioners show that, pending the final award, the main prayers against respondent nos.1 to 5 were for restraining them; for altering the status-quo prevailing as on the date as regards the shareholding, the constitution of the board of directors of respondent no.6-mepl, the operation of bank accounts and the operation of the ..... (2) if a controversy remains concerning any of the grounds referred to in clause (a) of sub-section (1), a party may, unless otherwise agreed by the parties, apply to the court to ..... and respondent nos.1 to 5 entered into a deed of family settlement and arrangement (for short, "fsa") on 24 april 2006, by .....

Fdc Limited and ors. Vs. Sanjeev Khandelwal and ors.

Court : Chennai

Reported in : LC2007(3)139; 2007(35)PTC436(Mad)

..... even as per section 104a of the patents act, in any suit for infringement of a patent, where the subject matter of patent is a process for obtaining a product, the court may direct the defendant to prove that the process used by him to obtain the product, identical to the product of the patented process, is different from the patented process, only if (a) the subject matter of the patent is a process for obtaining a new product; or (b) there is a substantial likelihood that he identical product is made by the ..... therefore, the mark mahacef-xl is concerned it is deceptively similar to that of the plaintiffs mark cefi-xl and the word maha in the minds of the public would be read as big and there cannot be any slightest doubt that the consuming public would be unable to differentiate between cefi-xl and mahacef-xl, because it is natural for the public to think that mahacef-xl is a bigger form or higher range or ..... counsels that even the essential ingredients of existence of a prima facie case, balance of convenience of the parties and the possible irreparable hardship of the parties have not been taken into consideration by the trial court while granting exparte ad interim injunction. ..... of the medicine there cannot be any prima facie case being made out for infringement of patent or trade mark of the plaintiffs or any existence of any balance of convenience, since the ad interim injunction order resulted in the closure of the operation of the defendants manufacture of the said product. .....

Novartis Ag and ors. Vs. Union of India and ors.

Court : Supreme Court of India

..... . in order to understand the meaning of invention under the patents act, 1970, as it stands today after its amendment by the amending act of 2005, we must refer to clauses (ac), (j) and (ja) of section 2(1) of the act [clauses (l) and (ta) of section 2(1) are also on the issue of invention but as noted above those provisions, though defined in section 2 are not used anywhere else in the act and, therefore, we do not take those provisions in consideration for construing the meaning of invention ..... mr. subramanium submitted that those concerns are addressed in the act, in provisions relating to compulsory licensing [see chapter xvi: working of patents, compulsory licences and revocation in the patents act, ..... .83. as the deliberations were going on in parliament, negotiations were also held between the ruling party and some of the opposition parties, in course of which certain amendments were suggested in the ..... . observing that industrial countries and under-developed countries had different demands and requirements, justice ayyangar pointed out that the same patent law would operate differently in two countries at two different levels of technological and economic development, and hence the need to regulate the patent law in accordance with the need of the country .....

K. Ramu Vs. Adyar Ananda Bhavan and Muthulakshmi Bhavan

Court : Chennai

Reported in : LC2007(1)352; (2007)2MLJ907; 2007(34)PTC689(Mad)

..... in such circumstances section 48 of the patents act, 1970 will hold the field according to which a patent granted under this act shall confer upon the patentee the exclusive right to prevent third parties from the act of making, using, selling or importing that product in india if the subject matter of the patent is a product. ..... he refers to 2j, 2ja, section 48, section 104a and 108 of patents act, 1970 and contends that in view of the above provisions of the act the plaintiff is entitled to an order of interim injunction. ..... when third parties infringe the rights granted under the patent act then section 108 of the act will come into operation according to which in case of infringement the court may grant the reliefs including injunction and ordering the goods to be seized, forfeited or destroyed.19. ..... in the light of the above legal principles, provisions of the patent act, 1970 and the facts of the present case i am of the considered opinion that the plaintiff is entitled to an order of interim injunction in both these applications.25. ..... thus the plaintiff has discharged his initial responsibility by proving that they are protected by the certificate issued by the authorities under the patents act 1970. ..... therefore the plaintiff having obtained the patent for both the process and product under the patent act, 1970 has got the statutory right to prevent 3rd parties from infringing those rights.18. .....

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

Court : Karnataka

..... for revocation of the patent granted to the plaintiff under section 64 read with section 104 of the act on the ground that patent no.186857 was not patentable under chapter ii of patents act 1970 and that the said patent was granted on the application of the plaintiff without it being entitled for patent under the provisions of the act ..... operation or use and the method by which it is to be performed; (b) disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection; and (c) end with a claim or claims defining the scope of the invention for which protection is claimed; (d) be accompanied by an abstract to provide technical information on the invention; provided that- (i) the controller may amend the abstract for providing better information to third parties ..... model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished (before the application is found in order for grant of a patent), but such model or sample shall not be deemed to form part of the specification. ..... concerned prior to the amendment of the act, what is patentable was governed by section 5 of the act ..... in dispute between the parties that the ..... consequently, the grant of patent is void, ab initio and as such zigbir is being illegally manufactured and sold without proper drug licence and under the said patent, which is void ab initio, therefore the suit itself is ..... deed .....