Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 43 insertion of new section 104a Court: chennai Page 3 of about 34 results (0.512 seconds)

Karaikal Municipality by the Commissioner Vs. Nabissa Ummal and ors.

Court : Chennai

Reported in : 2004(2)ARBLR280(Madras); 2004(2)CTC334; (2004)2MLJ554

..... 39(2) against a decision given by a learned single judge under section 39(1). in respect of the jurisdiction under letters patent the court observed that since arbitration act was a consolidating and amending act relating to arbitration it must be construed without any assumption that it was not intended to alter the law relating to appeals. ..... , so far the second part is concerned, namely, the maintainability of the appeal under letters patent it stands concluded by this decision. '7. again, in the recent judgment of the apex court in union of india v. aradhana trading co. : [2002]2scr847 , the apex court has reiterated the above-said principle, holding as follows:'12. so ..... some cases, a reference of which has been made earlier relate to the question of maintainability of a second appeal in letters patent against the appellate order passed under section 39(1) of the arbitration act as in the case of mohindra supply company (supra) where the bench of four hon'ble judges held that in view .....

Vodafone India Limited Vs. M/S. R.K. Productions Pvt. Ltd and Others

Court : Chennai

Reported in : 2012(5)LW626

..... 68.8 the adding of proviso is rather not only exclusionary but also clarificatory in nature which clarifies that the provisions of it act may not restrict the rights under copyright act or patent act as its tries to create and confer harmony between two laws and enactments so that they can operate in their respective fields. ..... on 2009) on the copyright infringements relating to internet wrongs where intermediaries are involved and the said provision cannot curtail the rights of the copyright owner by operation of proviso of section 81 which carves out an exception cases relating to copyright or patent infringement. 32.the ..... thus, there is harmony by adopting the proviso rather than negating it. 69. in view of the above discussion, i find that there is no impact of provisions of section 79 of it act (as amended .....

A. Ramanathan Vs. M/s. Tamarai Mills Ltd., A Public Limited Company, C ...

Court : Chennai

..... 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 india. it ..... 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 ..... court. (g) apart from the situations pointed in (e) and (f), high court can interfere in exercise of its power of superintendence 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 .....

Madha Dental College and Hospital, Rep. by Its Chairman, Vs. the Union ...

Court : Chennai

..... in which event, this court can very well interfere with the same.22. the power of the central government under section 10-a of the dentists (amendment) act,1993, to grant permission for establishment of dental colleges has to be exercised fairly and reasonably without arbitrariness. that being so, the action of the respondents ..... 2011, making it clear that any admission made in violation of the above will be treated as irregular and action under section 10 b of the dentists(amendment) act,1993 will be initiated.15. the union of india, first respondent herein, has mechanically gone into the recommendations of the executive committee of the dental council ..... it is stated as follows :(i) the petitioner dental college was established with the prior permission of the central government under section 10-a of the dentists (amendment) act, 1993 from the academic session 2007-2008 with 100 admissions. it was granted 1st year renewal permission for the academic session 2008-2009. due to gross .....

The Registrar, University of Madras and anr. Vs. Union of India (Uoi), ...

Court : Chennai

Reported in : (1995)2MLJ367

..... the provisions of any other law. further, after the decision in bangalore water supply and sewerage board case : (1978)illj312sc , the parliament has passed the amendment act no. 46 of 1982 excluding educations, scientific, research or training institutions from the definition of 'industry', making clear the intention of the legislatures. but, the ..... government has not chosen to notify the said provision, though several other provisions of the amendment act have been notified and brought into force.64. the state commission in the above referred case proceeded to observe that the decision of the national commission ..... employ the terms of art in the interpretative exercise, it has to be highlighted that the afore-quoted definition is not an enhaustive one, but is patently an inclusive one. by enumerating certain categories, the legislature has only included therein some of the services which may otherwise be a matter of some .....

Rajalakshmi Ammal Vs. Duraiswamy Gounder and ors.

Court : Chennai

Reported in : (1988)2MLJ457

..... average between 40% of the gross income, which was the law in force under the act before its amendment by the act 17 of 1980 and 25% of the gross produce as laid down by the amendment act 17 of 1980. the plaintiff has preferred a letters patent appeal against this portion of the judgment and the same is pending. no doubt, the ..... provisions of the act xxiv of 1956 as it stood prior to the amendment under the act 17 of 1980 was not applicable to the cultivation of ..... sugarcane crops. but, the principle underlying the act has to be kept in mind .....

A. Shanmugham Vs. Lakshmipathy Naidu and anr.

Court : Chennai

Reported in : AIR1988Mad42; (1987)IMLJ320

..... to set aside the sale if he purchases the property without such permission. the allahabad amendment dispensed this condition. because of this patent inconsistency s. 97(l) of the amending act is attracted. but, the case on hand is entirely different. order 21, rule 90 of the principal act is totally silent about imposing any precondition before an application to set aside the sale is ..... admitted, while the madras amendment provides imposing a precondition for furnishing security. the madras proviso is only .....

N. Subramaniam, Golden Transports, Tiruttani Vs. A.K. Raman, Raman Tra ...

Court : Chennai

Reported in : AIR1967Mad232

..... regional transport authority had no jurisdiction to grant the variation. it may be that when the variation was granted, it was patently invalid on the view taken by the full bench. but the amending act says that when the variation was granted the statute was not the one that was the subject of consideration by the full ..... section 5 should according to the counsel for the contesting respondent be confined to orders which had not been specifically declared as invalid by any authority before the amendment act. it validated only variations which could have been challenged on the ground of want of jurisdiction but had not been by then so challenged; orders refusing ..... variations and extensions that had been granted by the transport authorities to provide facilities to the public. in the statement of objects and reasons for enacting the amendment act of 1964, referred to before us by both sides reference is made to the full bench decision of this court and the sudden stoppage of buses running .....

A. Shanmugham Vs. Lakshmipathy Naidu and anr.

Court : Chennai

Reported in : (1987)1MLJ320

..... to set aside the sale if he purchases the property without such permission. the allahabad amendment dispensed this condition. because of this patent inconsistency section 97(1) of the amending act is attracted. but, the case on hand is entirely different. order 21, rule 90 of the principal act is totally silent about imposing any pre-condition before an application to set aside the sale ..... is admitted, while the madras amendment provides for imposing a pre-condition for furnishing security. the madras .....

The State of Madras Represented by the Collector of Ramanathapuram Vs. ...

Court : Chennai

Reported in : (1962)1MLJ231

..... good and valid when it was made, should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act.under those circumstances, it seems to be irrefutable that no ..... has been obtained. it is indisputable that this consent has been obtained in the case of madras act xxvi of 1948, and hence that the provisions of the amending act referred to above, investing amended section 20 with retrospective effect, cannot be challenged upon any grounds of repugnance to the fundamental rights guaranteed ..... in mines or minerals, quarries, fisheries, or ferries are expressly saved. the amendment was introduced by section 8 of the madras estates (abolition and conversion into ryotwari)(amendment) act. (madras act xliv of 1956), and section 9 of the amending act gives retrospective effect to the present section 20, by laying it down that the .....