Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 43 insertion of new section 104a Court: kerala Page 1 of about 11 results (0.335 seconds)

Kesava Pillai Vs. State of Kerala

Court : Kerala

Reported in : AIR2004Ker111; 2004(1)KLT55

..... of cases.12. section 100a was again amended by section 4 of the code of civil procedure (amendment) act, 2002 (22 of 2002) which came into force with effect from 1.7.2002. at present section 100a reads as follows:-'100a. no further appeal in certain cases.- notwithstanding anything contained in any letters patent for any high court or in any ..... a.f.a. no. 83 of 2003, the registry has raised an objection that the appeal is not maintainable in view of the code of civil procedure (amendment) act, 2002 (act 22 of 2002). the learned counsel appearing for the appellant relied on a decision reported in state of kerala v. kiriyan varghese, 2001 (2) klt 416 (fb). the division ..... by section 10 of the 38 of the code of civil procedure (amendment) act, 1999 (46 of 1999), which came into force with effect from 1.7.2002. it reads as follows :-'100a. no further appeal in certain cases. - notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force .....

Rajalakshmi Associates Vs. Sree Meenakshi Papers

Court : Kerala

Reported in : 2003(2)KLT225

..... consideration of the law on the point, that in view of section 100-a of the c.p.c. (amendment) act 2002 appeals filed after 1.7.2002 are not maintainable and only such letters patent appeals saved are those filed prior to 1.7.2002 whether they have been admitted or not. the decision rendered by the full bench of the madhya pradesh high court ..... in view of section 100-a introduced by the code of civil procedure (amendment} act 2002 with effect from 1.7.2002. section 100-aof the code of civil procedure is extracted below for easy reference.'100-a. no further appeal in certain cases. notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or .....

John George Vs. Stewards Association in India

Court : Kerala

Reported in : AIR2007Ker57; 2006(4)KLT405

..... 100-a mentioned above was substituted by section 10 of the code of civil procedure (amendment) act, 1999, which came into force with effect from 1.7.2002. it reads thus:100-a. no further appeal in certain cases.- notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any ..... reproduced above thus clearly manifest that the right earlier available to a party to file appeal under section 5(ii) of the kerala high court act has been taken away by the amendment act 22 of 2002. it is not even disputed before us that the provisions contained in section 100-a of cpc specifically take away the right of appeal and ..... to the high court. a second appeal was possible only in view of the provision contained in section 5(ii) of the high court act. that right was taken away by the amendment act 22 of 2002 (emphasis suppl ied). since such an appeal was possible only in view of the provision contained in section 5(ii) of the high court .....

Amaravila Krishnan Nair Vs. the Election Commissioner of India, New De ...

Court : Kerala

Reported in : AIR1972Ker5

..... therefore, the electoral rolls published on 15-1-1970 and 10-8-1970 were prepared not in accordance with the representation of the people act 1950, and the rules thereunder.the prayer of the petitioner as amended is as follows:'this hon: high court be pleased to issue a writ of mandamus or other appropriate writs, directions or' orders restraining ..... be given a declaration that the rolls have not been prepared in accordance with law. but that is not the true object of the petition. the true object is patently to hold up the election (which has now actually commenced) and whether or not such a declaration will be effective for the purpose, and whether or not it will ..... coin that verb) any more than you may abort or otherwise arrest it for, that would equally hold up the process of democracy. the interference might not be as patent as interference after the writ has issued but it is as effective and, therefore, as much to be deprecated.5. it would appear that before the issue of the .....

C.S. Krishna Iyer and ors. Vs. Official Liquidator High Court of Keral ...

Court : Kerala

Reported in : 1986CriLJ1747

..... and concurring with madhavan nair, j. on the question whether an appeal will lie against a decision on an application under section 5(2) of the malabar tenancy amendment act 1956, stated at page 2 :the very fact that two eminent judges trained in the same legal discipline and familiar with the nuances of indian legislation, have come to ..... kumar r. canji v. home insurance co. of new york : [1975]1scr550 has held that an appeal is maintainable under clause 15 of the letters patent against an order amending the pleadings in cases where the order affects the merits of the action between the parties by determining some right or liability. a similar view is expressed in ..... learned judge has referred to an unreported decision of a division bench of the same high court wherein it has been held that clause (15) of the letters patent excludes from its scope an appeal against the judgment passed in exercise of criminal jurisdiction. if an appeal to a division bench from a decision of a single judge .....

M/S. Sharon Insul India Ltd. Vs. Assistant Commissioner (Assessment)

Court : Kerala

..... basis that the higher rate of tax that was introduced in respect of the commodity would have effect from 1.4.2005 itself. this was patently wrong as a perusal of the amendment act itself would reveal. under these circumstances, i am of the view that the petitioner need not be relegated to a remedy before the appellate tribunal ..... of tax when the said entry was deleted and the item 'glass wool' brought within the residuary head of classification. it is further pointed out that the amendment act had the effect of making the higher rate of tax applicable with retrospective effect from 1.4.2005 and hence the petitioner had necessarily to discharge tax at ..... present writ petition aggrieved by the stand taken by the respondents in demanding amounts that were not legally due from him since, according to the petitioner, the amendment act of 2005 did not contemplate a retrospective enhancement of the rate of tax applicable to the commodity dealt with by the petitioner. it was during the pendency of .....

P.Sundaran Vs. SajinA.P.V,

Court : Kerala

..... lack of state of mind or capacity to understand one's affairs, or marital obligations, or implications of marital relationship. clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under: "has been incurably of unsound mind for a continuous period of not less than three years immediately preceding ..... .389. a person of unsound mind is either an idiot or lunatic in a more serious stage. clause (ii) of s. 5 of the hindu act has also been substituted by the 1976 amendment act. original clause reads as follows: "neither party is an idiot or lunatic at the time of marriage". term 'unsound mind' is more comprehensive. idiocy ..... from paranoid schizophrenia. but however, the petitioner, who approaches the family court, can obtain a decree of divorce under section 13(1) (iii) of the hindu marriage act, only if he succeeds in establishing that the mental disorder is of such a kind and to such an extent mat.appeal no.914/10 :5. : that the .....

Lissy Vs. Jaison

Court : Kerala

Reported in : II(2000)DMC59

..... of state of mind or capacity to understand one's affairs, or marital obligations, or implications of marital relationship. clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under:'has been incurably of unsound mind for a continuous period of not less man three years immediately preceding ..... . a person of unsound mind is either an idiot or lunatic in a more serious stage. clause (ii) of section 5 of the hindu act has also been substituted by the 1976 amendment act. original clause reads as follows :'neither-party is an idiot or lunatic at the time of marriage.'term 'unsound mind' is more comprehensive. idiocy ..... is whether the person in question is capable of understanding the nature of the contract, its implications and effect. in that background, section 19(3) of the act has been enacted. its effect is because of incapacity to contract on account of idiocy or lunacy at the time of marriage.13. as the respondents remained ex .....

K. Premavalli Vs. State of Kerala

Court : Kerala

Reported in : AIR1998Ker231

..... which enables the state legislature to make law for regulating the practice and procedure of the high court in relation to the administration of justice. by the 42nd constitution amendment act, 1976 the expression 'administration of justice' has been transferred from entry 3 list ii to the concurrent list and inserted as entry iia in list iii of the ..... the supreme court in vanita m. khanolkar v. pragna m. pai, air 1998 sc 424 considered the scope of section 6(3) of the specific relief act vis-a-vis letters of patent. section 6(3) specifically says that no appeal shall lie from any order or decree passed in any suit instituted under that section. in that context, ..... madras high court held that a letters patent appeal is not maintainable mainly on the ground that the decision of the high court in appeal under section 54 of the land acquisition act is not a judgment. that reasoning cannot hold good in view of the amendment of section 26 of the land acquisition act. we are also of the view that .....

Commissioner of Income-tax Vs. Kerala State Coir Corporation Ltd.

Court : Kerala

Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)

..... order which was 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. if,, as a result of the said fiction, we must read the ..... 50,063 being interest at two per cent, on the tax paid in advance under section 18a(5) of the income-tax act. subsequently, the indian income-tax (amendment) act, 1953, was passed. in this amending act, a proviso to section 18a(5) was added providing that an assessee was entitled to interest not on the whole of the ..... income-tax officer and the commissioner of income-tax. the supreme court found that section 18a(6) had been amended retrospectively by an amendment act of 1953 and the retrospective operation commenced from april 1, 1952. under this amendment, a proviso was added to section 18a(6) providing that in cases falling under the said section and under .....