Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 43 insertion of new section 104a Court: supreme court of india Page 10 of about 206 results (0.250 seconds)

Mahanagar Telephone Nigam Ltd. Vs. M/S. Applied Electronics Ltd.

Court : Supreme Court of India

..... arbitration, has become outdated. the law commission of india, several representative bodies of trade and industry and experts in the field of arbitration have pro-posed amendments to this act to make it more responsive to contemporary requirements. it is also recognised that our economic reforms may not become fully effective if the law dealing with ..... an appeal. but it does provide for an appeal. a conspectus reading of sections 5 and 13 of the act and section 50 of the 1996 act which has remained unamended leads to the irresistible conclusion that a letters patent appeal is maintainable before the division bench. it has to be treated as an appeal under section 50(1 ..... ) .........................j.(amitava roy) new delhi november 24, 2016 ----------------------- [1]. arbitration appeal no.12 of 2010 decided on 14th june, 2013 [2]. (2004) 3 scc250[3]. (2002) 5 scc510[4]. (2005) 8 scc618[5]. (2007) 1 scc467[6]. (2011) 8 scc333[7]. (2004) 3 scc214[8]. (2004) 11 scc672[9]. 2016 (9) scale42

National Sewing Thread Co. Ltd. Vs. James Chadwick and Bros. Ltd. (J. ...

Court : Supreme Court of India

Reported in : AIR1953SC357; (1954)56BOMLR21; (1953)IIMLJ215(SC); [1953]4SCR1028

..... say that inflexibility had to a great extent been modified by preserving the powers of indian legislative authority in section 9 of the high courts act, by the amended clause 44 of the letters patent and by section 223 of the 1935 act. the learned judge however felt that there was still a difference of a vital character between the letters ..... clause 15 of the letters patent could not therefore be taken as relating to these provisions ..... of section 108 of the government of india act, 1915, and of the enactment of its provisions in section 223 of the government of india act of 1935 and later on in article 225 of the constitution of india, there had not been any corresponding amendment of clause 15 of the letters patent and the reference to section 108 in .....

Bhag Singh and ors. Vs. Union Territory of Chandigarh Through the Land ...

Court : Supreme Court of India

Reported in : AIR1985SC1576; 1985MhLJ914(SC); 1985(2)SCALE246; (1985)3SCC737; [1985]Supp2SCR949; 1985(17)LC910(SC)

..... and this was followed by the present apple before this court. the order in the letter patent appeal was thus passed by the division bench after 30th april 1982 and before the commencement of the amending act and the provisions of the amended section 23 sub-section (2) and section 28 were sub-section (2). moreover, the ..... special leave raises a short but interesting question of law relating to the interpretation of section 30 sub-section (2) of the land acquisition (amendment) act, 1984 (hereinafter referred to as the amending act). there are divergent views expressed by different benches of this court in regard to the interpretation of this provision and hence it is necessary ..... words 'such award' would have carried only one meaning, namely, award made by the collector or court after 30th april 1982 and before the commencement of the amending act. the words 'any order passed by the high court or supreme court in appeal against any such award' would then have had a limited meaning, namely, .....

B. Banerjee Vs. Smt. Anita Pan

Court : Supreme Court of India

Reported in : AIR1975SC1146; (1975)1SCC166; [1975]2SCR774

..... a preliminary question had arisen in connection with the aforesaid letters patent appeal along with three other appeals at an earlier stage with regard to the constitutionality of section 13 (3a) of the west bengal premises tenancy (second amendment) act, 1969 (briefly the amendment act). a division bench repelled the contention of the appellants in decision ..... as has been noticed by the calcutta high court and is found even in agrarian reforms laws (vide malaber tenancy act, as amended by act mi of 1954, madras). section 13 of the amendment act compels the postponement of the institution of the suit (including appeal) for a period of three years from the ..... the new species of transferee-owners of buildings was countered by a legislative measure-the west bengal premises tenancy (second amendment) act, 1969 (act xxxiv of 1959) (hereinafter referred to as the amendment act). by this legislation the new class of transferee landlords was subject to a stringent trammel viz., that they should not .....

Lic Vs. Nandini J. Shah .

Court : Supreme Court of India

..... certain circumstances. against the seizure an appeal was provided to the state government whose order was made final. by the amending act 25 of 1966 sections 6-a to 6-d were introduced in the act. this introduced a basic change in one respect, namely, that an order of confiscation being penal in character, the ..... is constitutionally conferred on all high courts. broad principles of writ jurisdiction followed in england are applicable to india and a writ of certiorari lies against patently erroneous or without jurisdiction orders of tribunals or authorities or courts other than judicial courts. there are no precedents in india for the high courts to ..... of the reported decision, the court observed thus: in jurisdictional perspectives 30. from the aforesaid pronouncements, it is graphically clear that maintainability of a letters patent appeal would depend upon the pleadings in the writ petition, the nature and character of the order passed by the learned single judge, the type of directions .....

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

..... to provide that the offences shall be congnizable and non- bailable. (3) the bill seeks to achieve the above objectives.46. the ndps act was further amended by the ndps (amendment) act, 2001, to rationalize the sentence structure to ensure that drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences ..... be rendered inadmissible in law.152. it is true that some statutes such as terrorist and disruptive activities (prevention) act, 1987 (tada), prevention of terrorism act, 2002 (pota) and maharashtra control of organised crime act, 1999 (mcoca) expressly empower the authorized officers to record confession. investigation under those statutes is however carried out ..... cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within india.43. the scheme of the ndps act makes it patently clear that it essentially makes provisions, as are deemed necessary, for preventing and combating the abuse of and illicit trade and .....

Prasanta Kumar Sahoo Vs. Charulata Sahu .

Court : Supreme Court of India

..... of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.58. the substituted section 6 of the principal act as amended by the amendment act, 2005 which is in force w.e.f. 9.09.2005 reads as under: 6. devolution of interest of coparcenary property. (1) on and from ..... on the contentious issues by the learned trial court, this court requires interference with the impugned judgment in this appeal though, this court's jurisdiction in this letter patent appeal is also analogous to the first appellate court?. (iii) whether the findings recorded in issue no.5, holding that some of the schedule properties are self- ..... (respondent no.2 herein) challenged the validity of the settlement deed referred to above vide cross appeal in the aho no.133 of 2000.17. in the letters patent appeal filed by the appellants herein, the court addressed itself on the following points of determination: (i) whether the findings and reasons recorded on the contentious issues by .....

Lalaram and Ors. Vs. Jaipur Devt.Auth. and Anr.

Court : Supreme Court of India

..... j.in supplementation of the majority view.73. the vires and constitutional validity of the goa (prohibition of further payment and recovery of rebate benefits) act, 2002 was impeached in goa glass fibre limited vs. state of goa and another (2010) 6 scc499 amongst others, on the ground that the said ..... | | |110 | | | | | | 56. the notification no.f.27(2)cab/99, jaipur dated 5.3.1999 issued under article 166 (2) and (3) of the constitution of india occasioned an amendment, amongst others, to rule 31(1) of the rules including therein, inter alia, the following clause: (ii) cases raising questions of policy and all cases of administrative importance not already ..... oustees responding thereto and thus the impugned conduct of the respondents in reneging therefrom besides being whimsical, arbitrary and highhanded also tentamounts to a patent infraction of their unassailable right to property guaranteed under article 300a of the constitution of india.33. the appellants having been beckoned to believe .....

U.J.S. Chopra Vs. State of Bombay

Court : Supreme Court of India

Reported in : AIR1955SC633; (1956)58BOMLR831; 1955CriLJ1410; [1955]2SCR94

..... court by the letters patent or other instrument constituting such high court,' no court, when it has signed its judgment, shall alter or review the same, except to correct a clerical error.' 7. the opening words 'save as otherwise provided by this code...... constituting such high court' were added by section 119 of the amending act xviii of 1923 and ..... the sentence passed by the lower court was adequate or not. it may be noted that this decision was in the year 1908 long before the amendment of section 439 of the criminal procedure code by act xviii of 1923 by adding sub-section (6) thereto. 38. the next decision to which we were referred was emperor v. mangal naran [1924 ..... sentence on that basis. (see emperor v. chinto bhairava i.l.r [1908] 32 bom. 162. then came act xviii of 1923 which, by section 119, amended section 439 by adding the present sub-section (6) and also amended section 369 by substituting the words 'save as otherwise provided by this code or by any other law for the time .....

The State of Bihar and ors. Vs. Bhabapritananda Ojha

Court : Supreme Court of India

Reported in : AIR1959SC1073; [1959]Supp2SCR624

..... the further questions if suit no. 18 of 1897 is still pending, the proper scope and effect of clause 39 of the letters patent of the patna high court, and which authority can amend the letters patent. even if suit no. 18 of 1897 is deemed to be still pending, though we do not so decide, any further action ..... in the sense suggested by learned counsel for the respondent and there is no such conflict of jurisdiction as learned counsel for the respondent has suggested. accordingly, the act is good and applies to the baidyanath temple and the properties appertaining thereto. 19. the result, therefore, is that the appeal succeeds and is allowed with costs. ..... between two equally competent authorities and (2) that no intention to exceed its own jurisdiction can be imputed to the bihar legislature and of two possible constructions of the act, the one that would make it intra vires should be preferred, the high court came to the conclusion that the expression 'religious trust' as defined in s. .....