Judgment Search Results Home > Cases Phrase: patents amendment act 1999 section 4 omission of section 39 Page 1 of about 1,191 results (0.075 seconds)

United India Insurance Co. Ltd. Vs. S. Surya Prakash Reddy and ors.

Court : Andhra Pradesh

Reported in : I(2007)ACC361; 2006ACJ2287; 2006(4)ALD530

..... for the foregoing reasons, we hold that section 104a c.p.c, as amended to act 22 of 2002, does not have the effect of excluding the letters patent appeals against a judgment rendered by a single judge of a high court, in a matter arising out of an ..... (abolition of letters patent appeals) (amendment) act 33 of 1972 were ..... amendment act of 2002 (act 22 of 2002), in such a manner, that no letters patent appeal shall lie from a judgment and decree rendered by a single judge, whether such judgment was in respect of an original or appellate decree or order, ..... counsel for the appellants argued that the motor vehicles act, 1988, workmen's compensation act, 1923, land acquisition act, 1894 and other similar statutes are special enactments, which contain special procedure for adjudication of claims and disputes and, therefore, notwithstanding the insertion of amended section 100a in the code with effect from 1-7-2002, an appeal is maintainable under clause 15 of the letters patent against the judgment rendered by the single bench in ..... though the amendment act, 1999 received the assent of the president on december 30, 1999, the same was not enforced apparently because of the stiff opposition by the members of the legal fraternity who were primarily agitated against the abolition of the intra court appeal against ..... omission of clause, dealing with the appeals arising out of writs, directions or orders, passed under article 226 or article 227 of the constitution of india, from section 100a, is .....

Vidyawati Gupta and ors. Vs. Bhakti Hari Nayak and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1194; 2006(2)AWC1580(SC); (SCSuppl)2006(2)CHN173; 2006(2)CTC146; [2006(3)JCR200(SC)]; JT2006(2)SC278; (2006)2MLJ312(SC); 2006(2)SCALE203; (2006)2SCC777

..... as in the case of sub-section (2) of section 26, sub-rule (3) of rule 1 of order iv was also introduced by amending act 46 of 1999 with effect from 1st july, 2002. ..... of high courts to make rules as to their original civil procedure - notwithstanding anything in this code, any high court not being the court of a judicial commissioner may make such rules not inconsistent with the letters patent or order other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the ..... mitra contended that an analogy similar to the decision in the aforesaid cases could and should also be drawn in the facts of the instant case where the omission complained of was also procedural in nature and did not affect either the territorial or the pecuniary jurisdiction of the court to entertain the suit. mr. ..... on the aforesaid reasoning, the division bench held that the suit could not be dismissed nor could the plaint be rejected because of non-compliance with the amended provisions since the omission had been remedied by the filing of an affidavit by the respondent-plaintiff. ..... mitra that the requirements of order vi and order vii of the code, being procedural in nature, any omission in respect thereof will not render the plaint invalid and that such defect or omission will not only be curable but will also date back to the presentation of the plaint. .....

Rajeswari Mishra Vs. Sidhartha Pandit

Court : Orissa

Reported in : AIR2010Ori41

..... objects and reasons of the amendment act 39 of 1999 reads as follows:statement of objects and reasonsbased on the recommendations of the law commission of india as contained in their fifty-ninth report on 'hindu marriage act, 1955 and section 4 of the special marriage act, 1954 were amended vide the marriage laws (amendment) act, 1976 so as to ..... amendment act, 1999 (act 39 of 1999) which received assent of the president on 29-12-1999 omitted the words 'or epilepsy' from section 5 (ii)(c) of the act ..... amendment came into effect by the marriage law amendment act, 1999 (act 39 of 1999) with effect from 29-12-1999 ..... we may also record here, in none of the aforesaid decisions cited by the learned counsels application of section 6 of the general clauses act was considered.we may quote here section 6 of the general clauses act, 1897:section 6 : effect of repealwhere this act, or any (central act) or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not:(a) revive ..... ever since the aforesaid amendment came into force, the central government have been receiving representations from eminent medical experts, jurists and members of parliament for omission of references to 'epilepsy' contained in the aforesaid acts of 1955 and 1954 on the ground that medical experts have found that epilepsy is fairly well controllable in a majority of cases and the patients can lead a normal .....

Shri Chandreshwar Bhuthanath Devastan of Paroda by Its Special Attorne ...

Court : Mumbai

Reported in : (2003)105BOMLR915

..... (d) code of civil procedure (amendment) act, 1999 in section 32, clause 2(g) only letters patent appeals arising out of a decision of single judge pertaining to an order arising out of article 226 or 227 of the constitution of india have been saved and consciously the parliament has omitted the other categories of pending admitted letters patent appeals, from such saving. ..... similarly the learned counsel for the respondents also pointed out that in the amendment act of 1999 by section 32 clause (2)(g) there is a saving clause as far as appeals arising under section 100a are concerned, but the same was restricted only to appeals arising out of orders passed by a single judge of the high court, in the matters pertaining to articles 226 or 227 of the constitution of india which have ..... similarly if one were to look at the code of civil procedure (amendment) act, 1999 section 32 provides for repeal and savings and in clause (2)(g) only a limited category is saved i.e. ..... if a provision of a statute is unconditionally omitted without a saving clause in favour of pending proceedings, all actions must, stop where the omission finds them, and if final relief has not been granted before the omission goes into effect, it cannot be granted afterwards. ..... : 2000(119)elt257(sc) will not be attracted in the present case, as the present case is not a case of omission but is an express case of substitution. mr. .....

Phoolsingh Vs. Mavla @ Bhavaliya and ors.

Court : Madhya Pradesh

Reported in : AIR2002MP246; 2002(3)MPHT383; 2002(3)MPLJ326

..... submission of shri chaphekar and shri pavecha was that as per section 32 of the amendment act, 1999 under sub-clause (i) the pending revision proceedings have not been saved but admitted appeals and admitted letters patent appeals have been saved under sub-clauses (f), (g) and ..... , my considered opinion is that in the presence of repeal and savings clause (i) of sub-section (2) of section 32 of the amendment act, 1999, and also according to the full bench decision, the substituted proviso of the amending act of 1999 is very clear and the effect of the same is that it will not save those pending civil revisions which would be out side the scope of amended proviso and the further effect of the same is that it has narrowed down and reduced the ..... 46 of 1999) in sub-clause (1) of sub-section (2) after the words which 'had been' finally disposed of should be read as 'had not been' finally disposed of and it should be held that under the common law, rule of 'casus omission' word 'not' is missing, therefore, the amendment is not ..... covered by section 6 of the general clauses act or there is apart materia provision in the statute under which the rule has been framed in that case also the pending proceeding will not be affected by omission of the ..... statute is unconditionally omitted without a saving clause in favour pending proceedings, all actions must stop where the omission finds them, and if final relief has not been granted before the omission goes into effect, it cannot be granted afterwards. .....

Ganesh Singh and anr. Vs. Bishram Singh and ors.

Court : Jharkhand

Reported in : [2003(3)JCR527(Jhr)]

..... that there was no transitory provision making the amendment retrospective in act 22 of 2002, unlike in act 104 of 1976 which introduced section 100a of the code, restricting the right of a further appeal from a second appellate decree and took the view that there was nothing in the amending act, which destroyed the right that a suitor had of appealing against the decision of a single judge, either under clause 10 of the letters patent or under the relevant provision of the concerned high ..... it was after a further deliberation, that ultimately section 100-a in the form in which it was introduced, was incorporated by the amending act, act, 22 of 2002, at the same time deleting section 32(2)(g) of act 46 of 1999 and deliberately not making the amendment brought about by act 22 of 2002 retrospective by enacting a provision corresponding to section 97(3) of act 104 of 1976. ..... if the case is covered by section 6 of the general clauses act, or there is a part material provision in the statue under which the rule has been framed, in that case also, the pending proceedings will not be affected by omission of the rule. ..... that transitory provision was along the lines of section 97 of act 104 of 1976, but with the important omission of a provision corresponding to section 97(3) of act 104 of 1976 making the amended section retrospective in operation. ..... the question for decision was the effect of omission of a rule. .....

S.K. Kapoor and ors. Vs. the Secretary, Mussoorie

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

..... union of india, reported in (1979) 2 scc 529, clearly states that while wide and unusual powers under section 13(2) of the act have been conferred on the commission to amend or revoke an order at any time, the same cannot be construed to be so vide as to permit rehearing on the same material without anything more. ..... the applicants have moved an application under section 13(2) of the monopolies and restrictive trade practices act 1969 (hereinafter referred to as the 'act') for amendment/ revocation of the order passed by the commission under section 12b of the act. ..... the thrust of the petition is mainly on certain errors/omissions having crept in the order. ..... as to the interpretation of the letters addressed to the respondent authority by the applicants for payment of amount within a stipulated period, the issue can be taken up only in an appeal as provided under section 55 of the act. ..... while we find no apparent/patent error in the order, which needs to be rectified or modified, the close reading of the same clearly shows that the objections raised have been clearly dealt with in the aforesaid order.4. ..... 35/1999 in the case of applicants, s.k. .....

Om Prakash @ Omey and anr. Vs. State

Court : Delhi

..... the finding returned in the impugned judgment on the additional charge framed against petitioners is as under: "it is pertinent to note that as per section 134(a) motor vehicle act 1988 it is the duty of the driver or the incharge of a motor vehicle that he shall convey the injured to nearest medical practitioner or hospital ..... learned additional public prosecutor for the respondent-state had staunchly supported the impugned order and had submitted that mere omission or defect in framing of charge cannot result in acquittal because petitioners-accused had opportunity to defend themselves in respect of the additional charge framed, but their stand was of mere denial and so, petitioners have suffered no prejudice and ..... on the strength of afore-cited decisions, it was vehemently urged by learned counsel for petitioners that power to alter or amend the charge does not include framing of a new charge and that too, at the end of trial and so, the impugned order is patently illegal and deserves to be set aside.5. ..... dabri, delhi, stand convicted by the trial court for the offence under section 187 of the motor vehicle act, 1988 and have been awarded imprisonment for three months each with fine of `5,000/- each, which is assailed in this revision petition on the ground that at the final stage of trial, additional charge for the offence under motor vehicle act,1988 was framed against petitioners and without affording opportunity to defend themselves, ..... shankar kurlekar and another 1999 cri. .....

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

..... . 293/06 was filed in the high court, chapter xix of the parent act as amended vide patents (amendment) act, 1999 continued to be in operation notwithstanding the enactment of the patents (amendment) act, 2002 and the patents (amendment) act, 2005 as the amended sections 116 and 117a were brought into force only vide notification dated 2.4.07 ..... section 25 of the patents act, 1970 as amended by patents (amendment) act, 1999 dealt with opposition to a patent vide section 25. ..... 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. ..... we quote herein below sections 25 and 116 as it stood in the year 2000 under the patents (amendment) act, 1999 which read as under:section 25. ..... i.e., under section 116 under patents (amendment) act, 1999 against orders passed by the controller in 'pre-grant opposition' proceedings ..... no. 293/06 in the high court under section 116, as it stood on 19.10.06 under the patents (amendment) act, ..... patent. vide clause 47 of notes on clauses attached to the statement of objects and reasons, it has been clarified that section 64 is also amended vide patents (amendment) act, 2005 to confer wider jurisdiction on the appellate board in matters of revocation of patent, therefore, amended section 117g which is brought into force only from 3.4.2007 dealt with transfer of pending proceedings from the high court to the appellate board .....

Vajara Yojna Seed Farm and ors. Vs. Presiding Officer, Labour Court Ii ...

Court : Allahabad

Reported in : (2003)1UPLBEC496

..... anything contained in sub-section (1), all appeals of the nature referred to in that sub-section pending before the high court immediately before the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall be heard and disposed of as if that sub-section had not been enacted ..... high courts (amalgamation) order, 1948, or in any other law, no appeal arising from an application or proceeding, instituted or commenced whether prior or subsequent to the commencement of the uttar pradesh high court (abolition of letters patent appeals) (amendment) act, 1981, shall lie to the high court from a judgment or order of one judge of the high court, made in the exercise of jurisdiction conferred by articles 226 or 227 of the constitution, in respect of any judgment, order or awards-(a) of ..... the counsel for the respondents has rightly pointed out that there being no prayer in the special appeal for declaring the uttar pradesh high court (abolition of letters patent appeal) (amendment) act, 1981 as ultra vires and there is no challenge to provisions of chapter viii, rule 5 of the rules of the court in this special appeal, the appellant is not entitled to raise this question at the ..... chapter viii, rule 5 of the rules of the courts was again amended by notification dated 27th july, 1883 to make it in accord with section 5 of amendment act, 1881 chapter viii, rule 5 now existing in the rules of the court is ..... : (1999)iillj600sc . ..... : (1999)iillj600sc . .....