Court : Himachal Pradesh
Reported in : 2006(33)PTC339(NULL)
..... of this principle, mr. mehta's argument that there is a presumption in favour of the validity of the patent cannot be accepted.14. it was then argued by the learned counsel for the plaintiffs/petitioners that section 48 of the patents act, as amended by patents (amendment) act, 2002, confers upon the patentee the exclusive right to prevent third parties, who do not have his consent, from ..... making, using, offering for sale, selling or importing the patented product and that in view of this provision, so long as the said .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2005HP37
..... in such a suit will not lie on and after 1-7-2002 when the code of civil procedure (amendment act) 2002 (hereafter referred to as the amending act of 2002) came into force. the dispute is as to whether the provisions of section 102 of the code as amended by the amending act of 2002 are or are not applicable to the present appeal.7. in ..... was an appeal pending before the high court on 12-11-1962 i.e. the date immediately preceding the enforcement of up high court (abolition of letters patent appeals) act which came into force on 13-11-1962 which abolished the right of such appeal. against this background and in view of section 582-a of the code ..... thousand rupees. this section came to be substituted by virtue of the provisions of section 11 of the code of civil procedure (amendment act) 1999 and section 5 of the amending act of 2002. section 16 of the amending act of 2002 saves certain appeals from the bar created by section 102 of the code and the relevant part thereof reads as under :'16 .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1987HP14
..... as regards the question of determination of solatium and interest which is payable to shri liaq ram on the facts ofthis case, the provisions relating thereto havebeen drastically amended by the landacquisition (amendment) act, 1984 (actno. 68 of 1984). the scope of section 30, ibidgoverning transitional provisions wasconsidered by their lordships of the supremecourt in bhag singh v. union territory ..... 31-7-1975. the learned single judge of the high court in appeal enhanced the amount of compensation by his order made on 10-11-1981. the letters patent appeal, however, disposed of by a division bench on 8-12-1982. the matter was finally agitated before the supreme court which decided it on 14-8-1985 ..... and the order of the learned single judge of the high court in appeal were made before 30-4-1982 (see section 30, ibid), but the letters patent appeal and the appeal by special leave before the supreme court were decided after that date. on the above facts, the supreme court, as stated above, held .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1994HP5
..... september, 1990, in the presence of the additional district attorney. the purpose of introduction of rule 10a in order xxii of the code by civil p.c. (amendment) act no. 104 of 1976 was specifically to mitigate the hardship arising from the fact that the party to an appeal may not come to know about the death of ..... deceased had not been challenged separately yet while hearing the revision petition, the court is not powerless to upset that part of the order, since there was a patent illegality therein. after the application had been moved for bringing on record the legal representatives, it was incumbent for the appellate court to have framed a proper issue ..... a prayer was made for bringing on record the legal representatives. this application was opposed by the plaintiffs, who stated that the averments made in the same were patently wrong since the same were contrary to the record. knowledge of the death was acquired by the appellant on 13th september, 1990, when a statement was made at .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1986HP23
..... the case of the list of wakfs relating to any part of the state and published or purporting to have been published before the commencement of the wakf (amendment) act, 1969 (38 of 1969), such suit may be entertained by the civil court within the period of one year from such commencement.' as such, the copy ..... offerings. the defendants, however, opposed the suit and consequently issues were framed by the trial court.3. the only point which needs determination in this letters patent appeal is whether the suit property is wakf property or not. the trial court after considering the evidence on record came to the conclusion that the property did ..... directed against the judgment of the learned single judge of this court who dismissed the second appeal preferred by the appellants.2. material facts to determine this letters patent appeal may be stated. the appellants-plaintiffs (hereinafter to be referred to as the plaintiffs) filed a suit against the respondents/defendants (hereinafter to be referred .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008ACJ1181,2006(2)ShimLC232
..... section 163-a of the act, claimants-respondents no. 1 to 4 be permitted to approach the tribunal with a prayer for amendment of mac petition no. 95/2001 (having been originally filed ..... under section 163-a of the act) to convert it into a regular claim petition under section 166 of the act, of course after reviving mac petition no. 95/2001.2. a bare look ..... learned tribunal has exceeded the jurisdiction vesting in him under section 163-a of the motor vehicles act, 1988 and on that ground alone, the award deserves to be set aside. mr. thakur, however, also submitted that because of the aforesaid patently technical defect in the award, suffering as it does from the error of jurisdiction relating to .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR2006HP4,2006(1)ARBLR510(HP)
..... consideration is whether the defendant has lost his right to file written statement as provided under order 8, rule 1, as substituted by the code, of civil procedure (amendment act, 2002).18.order 8, rule 1 may be reproduced for convenience.o. 8, r. 1: written statement .- the defendant shall, within thirty days from the date of ..... civil procedure.- not-withstanding 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) (or oilier law) establishing it, to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing ..... in other courts. for historical reasons this distinction was maintained right from the time the letters patent was issued, and has not been disturbed by the code of civil procedure, 1908, despite the amendments made in the cpc from 1976 to 2002.36. an argument was raised in iridum india telecom lid. (2005 air scw 138) that .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1972HP37
..... be judged merely by reference to article 29 (2) of the constitution. furthermore, we may doint out that article 15 (4) of the constitution, introduced by the constitution (first amendment) act of 1951, as a result of the decision of the supreme court in state of madras v. smt. champakam, (air 1951 sc 226), deals with both article 29 (2) ..... or territory, by marriage or friendship or other kind of relationship, or. to a similar wedding to the soil of a state other than himachal pradesh, this condition is patently unreasonable and difficult to understand. it would, if attempted to be introduced in any sphere of life, tend to make people of himachal pradesh a class of persons who ..... and. of course, the decision taken on matters which have to be decided quasi-judically have to be free from errors apparent on the face of the record or patent unreasonableness. we may also observe that the procedural rules to be observed are not uniform in all cases. in cases, such as the one before us, it is enough .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2008(3)ShimLC167
..... no. 1 to 3 to take appropriate steps while ensuring the compliance of the regulation no. 10-4-1-2(x) annexure p-l as amended vide the notification dated 22.8.2002, annexure: p-7 and p-7-a supra and to demolish the un-au-thorized construction raised by the respondents no. 4 and 5 and ..... filed by the petitioners. the learned single judge has rightly taken into consideration the true import of sections 244 and 247 (3) of the himachal pradesh municipal corporation act, 1994 while allowing the writ petition.11. admittedly, the appellants had not commenced the construction as per the earlier sanction granted with effect from 27th march 1993 up ..... and(ix) the commissioner, municipal corporation had no authority/jurisdiction to accord the permission as per notifications dated 11.8.2000 and 22.8.2002.21. consequently, in view of the discussions made hereinabove, there is no merit in the letters patent appeal and the same is dismissed. consequences to ensue. there shall be no order as to costs.
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1951HP61
..... a. i. r. (26) 1939 mad. 21, that the criminal law amendment act, 1932, did not stand repealed by the repealing & amending act, 1937. there was a saving clause contained in section 4 of the latter act as it is in s. 6 of the merged states (laws) act, 1949. 9. for the reasons recorded i hold that in order to determine the ..... & this for the following reasons. 5. the learned counsel for the pltfs.-resps. cited before me a judgment of the punjab high court dated 20-4-1951 in letters patent appeal no. 39 of 1950, the custodian evacuee property v. simla banking & industrial co., a decision not yet reported, in which on a comparison of the provisions of ..... have been conferred upon the judicial commissioner of this state than would have been possible under the civil. p. c. the reason for this conferment of wider powers is patent, namely, that there may be greater scope for the judicial commissioner to rectify the mistakes of subordinate courts in this newly formed state. 4. the history of prevalence .....
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