Court : Mumbai
Decided on : Oct-24-2016
Anoop V. Mohta, J. 1. This Commercial Appeal is filed by the Appellant-Original Defendant against the Judgment and order dated 6 June 2016, passed by the learned Single Judge of the Commercial Division in Summons for Judgment whereby, refused an unconditional leave to defend and has granted a leave to defend, but conditional. Preliminary objection to the maintainability of Commercial Appeal. 2. To decide the preliminary objection of the maintainability of Commercial Appeal as filed, as raised by the learned Senior Counsel appearing for the Respondents, though the parties have consented to hear the Appeal on merits, we have relisted the matter for hearing on the maintainability as it goes to the root of the matter in view of the confusion prevailing in the Office/Registry after the transfer of such pending summary suits because of the provisions of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short, The Commercial Courts Act ...
Tag this Judgment!Court : Delhi
Decided on : Mar-30-2016
..... patents act, has been subjected to three sets of substantial amendments by three acts: the patents (amendment) act, 1999 (17 of 1999); the patents (amendment) act, 2002 (38 of 2002); and the patents (amendment) act, 2005 (15 of 2005). these sets of amendments - apart from seeking to simplify and make the patents act a modern legislation - were enacted to comply with india's obligations as a signatory to the agreement on trade-related aspects of intellectual property rights (hereafter 'trips'). 122. by virtue of the patents (amendment) act 2002, section 48 of the act, which ..... of the high court of lahore, submitted an interim report suggesting amendments in the then existing law with a view to counteract misuse or abuse of patent rights and recommended enacting provisions for providing compulsory licences. these recommendations were accepted and the patents and designs act, 1911 was amended by act 32 of 1950. subsequently, the patents bill, 1953, which was based on the united kingdom patents act, 1949, was introduced in the parliament. however, the same was not ..... not affect ericsson's right and, therefore, ericsson cannot agitate any grievance in that regard. 67. a division bench of this court in the case of google inc. and ors. v. competition commission of india and anr.: 2015 (150) drj 192 had also examined the sweeping powers of dg under the competition act and concluded that the investigation by a dg ordered by cci stand on a different pedestal from a show cause notice or .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-01-2016
Anoop V. Mohta, J. 1. This is an 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 holding that "this High Court has no jurisdiction to entertain, try and dispose of the Arbitration Petition" filed by the Appellants under Section 9 of the Arbitration Act. 2. The Appellants and the Respondents and their relations with each other and the Companies in question are described in the Appeal. "Appellant No.1 and Respondent No.1 are brothers. Appellant No.2 is the wife of Appellant No.1 and Appellant Nos.2 and 3 are the Directors of Res...
Tag this Judgment!Court : Chennai
Decided on : Mar-04-2016
..... duly constituted power of attorney agent, p.g. saranyan, under a general power of attorney dated 15th march '82 and registered as document no.67 of .... in the sub-registrar office of the purasawalkam the term first to seventh vendors wherever the context so require, mean and include their respective heirs, ..... any party appearing in person or present in court or his pleader is accompanied. (2)-(3) * * * " it is a useful procedural device and must be regularly pressed into service. .. ... 32. if issues are properly framed, the controversy in the case can be clearly focused and documents can be properly appreciated in that light. the relevant evidence can also be carefully ..... patents of the three high courts, namely, calcutta, bombay and madras are identically worded.) 18. the code of civil procedure, 1877 (act no.x of 1877), which received the assent of the governor general on 30.3.1877, and was thereafter brought into force with effect from 1.10.1877, was "an act to consolidate and amend the laws relating to the procedure of the court of civil judicature". part ix of this act contained special rules relating to the chartered high courts. chapter xlviii of the act applied only to the chartered high courts. section ..... .108 of 1992 and confirmed in o.s.a.no.47 of 1994 and finally in c.s.nos.577 to 579 of 1995, by judgment dated 22.01.2002 in relation to a sale deed executed by the first respondent, the plaintiff and the respondents 2 to 4 to mr.d.k.sekar. the first respondent in her own .....
Tag this Judgment!Court : Kolkata
Decided on : May-20-2016
ORDER SHEET G.A.No.868 of 2016 A.P.O.T.No.84 of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE FUTURE MOBILES & ACCESSORIES LTD.Versus M/S.SANJEEVANI HEALTH & LIFESTYLE PVT.LTD.BEFORE : The Honble JUSTICE INDIRA BANERJEE -AndThe Honble JUSTICE SAHIDULLAH MUNSHI Date : 20th May, 2016. Appearance : Mr.Arindam Mukherjee with Mr.Navneet Misra, Adversus Mr.Debdutta Sen, Adv.In this appeal, the appellant has challenged an order dated 5th February, 2016 passed by the learned Single Judge, dismissing the appellants application for review of an earlier order dated 8th November, 2013 passed by the learned Single Judge under Section 11 of the Arbitration & Conciliation Act, 1996, hereinafter referred to as the 1996 Act. The respondent and the appellant entered into two agreements, both dated 6th December, 2008, one of which was a sub-lease agreement, whereby the respondent agreed to let out 1063 square feet of super built up area in the ground floor of City Centre M...
Tag this Judgment!Court : Chennai
Decided on : Oct-20-2016
..... special page 140, whereby and whereunder, it is observed and held as follows: while dealing with the effect of section 115 of code of civil procedure after the amendment act 46 of 1999, which came into effect from 01.07.2002, the supreme court has held that such amendment has not affected the jurisdiction of the high court under articles 226 and 227 of the constitution of ..... law is followed by such tribunals and courts by exercising jurisdiction, which is vested in them and by not declining to exercise the jurisdiction, which is vested in them. 8. when there has been a patent perversity in the orders of the tribunals and courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of natural justice have been flouted ..... sparingly exercised. (iv) 2010 (8) scc 329 (shalini shyam shetty and another vs rajendra shankar patil), wherein, the hon'ble supreme court has held as follows: 67. as a result of frequent interference by hon'ble high court either under article 226 or 227 of the constitution with pending civil and at times criminal cases, the disposal of cases by ..... amendment, it is open to challenge and continue to be subject to, certiorari and supervisory jurisdiction of the high court. that was a decision held in yeshwant sakhalkar and another vs hirabat kamat mhamai and another (2004 (6) scc 71), based on the previous judgment of the supreme court in surya dev rai v ram chandrer rai and others (2003) 6 scc 675: 2003(4) ctc 176: 32 .....
Tag this Judgment!Court : Delhi
Decided on : Sep-30-2016
Badar Durrez Ahmed, J. 1. This appeal is directed against the order dated 17.02.2016 passed by a learned single Judge of this court in IA No.4311/2016 in OMP 294/2014. IA No.4311/2016 was an application under Section 5 of the Limitation Act filed on behalf of the respondent for condonation of delay of 55 days in refiling. The said application was allowed by the learned single Judge by virtue of the impugned order dated 17.02.2016. OMP 294/2014 is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the AandC Act ) for setting aside the arbitralaward dated 10.09.2013. 2. The plea of the appellant before this court is that the learned single Judge ought not to have condoned the delay of 55 days in re-filing the said petition under Section 34 of the AandC Act. 3. The learned counsel for the respondent herein raised a preliminary objection with regard to the maintainability of the present appeal. It was contended on behalf of the respondent ...
Tag this Judgment!Court : Chennai
Decided on : Sep-01-2016
(Prayer: Petition under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned notice of the fourth respondent bearing No.CG/Public notice/PO/2012/15, dated 2.7.2012, quash the same and consequently direct the respondents to allow the amendment of original application while entering PCT (Patent Co-operation Treaty) National Phase Application in India as per Articles and Regulations prescribed under the PCT (Patent Co-operation Treaty). 1. The petitioner, who is stated to be an Advocate, Law Teacher, Mediator and Registered Patent, seeks to assail the impugned notice dated 2.7.2012 with a direction to the respondents to allow the amendment of original application while entering Patent Co-operation Treaty (PCT) National Phase Application in India as per Articles and Regulations prescribed under the PCT. 2. The public notice deals with filing of PCT National Phase Applications in India and is stated to ha...
Tag this Judgment!Court : Delhi
Decided on : Feb-17-2016
Rajiv Sahai Endlaw, J. W.P.(C) No.6968/2011. 1. The petitioner claims to be a Society registered under the Societies Registration Act, 1860 established with the aim and objective inter alia to promote the study and practice of radio-diagnosis, ultrasound, CT, MRI and other imaging modalities and, having more than 8600 radiologists and imaging experts having recognised post-graduate degrees in the field of radio-diagnosis and imaging recognised by the Medical Council of India (MCI) as its members. The petition is filed contending: (i) that to overcome the growing problem of sex-selective termination of pregnancy of female foetuses after determining sex of the foetus by using pre-natal sex determination techniques, the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sect Selection) Act, 1994 (PNDT Act) was enacted with the objective of prohibition of sex selection and for regulation of misuse of pre-natal diagnostic techniques and the Pre-conception and Pre-natal Diagn...
Tag this Judgment!Court : Delhi
Decided on : Dec-23-2016
..... act, 1957 (14 of 1957) or the patents act, 1970 (39 of 1970) interestingly, the amendment to section 79 came into effect from 27.10.2009 and through the same amendment a proviso was added to section 81. what prompted parliament to amend section 79 still remains a speculation but the deliberate act of adding the proviso to section 81 could only lead one to assume that the parliament intended to not disturb the rights of copyright or patent holders in light of the 2008 amended provisions to the it act ..... will have to give notice with specific details as well as locations of the works, which the appellant shall remove within 36 hours of receiving such notice. 67 . despite its lengthy analysis and reasoning, a fundamental aspect overlooked by the learned single judge is the peculiarity of the internet intermediary industry. the internet industry is often ..... legal systems towards protecting copyright of individuals while balancing digital economy as well as rights of internet intermediaries. fao(os) 540/2011 page 32 40. in the usa, dmca was signed into law in 1998 to give effect to the 1996 internet treaties and it created a system imposing limitations on the liabilities ..... f.3d 93; and the decision of the amsterdam court of appeal inbuma and stemra vs. kazaa amsterdam, court of appeal, 4th three-judge civil section, 28 march 2002, to assert the above proposition. society of composers, authors and music publishers of canada vs. canadian assn. of internet providers; 2004 scc45has been fao .....
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