Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 43 insertion of new section 104a Court: supreme court of india Page 2 of about 206 results (0.505 seconds)

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court : Supreme Court of India

..... has become outdated. the law commission of india, several representative bodies of trade and industry and experts in the field of arbitration have proposed 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 ..... and conciliation, they could, with appropriate modifications, serve as a model for legislation on domestic arbitration and conciliation. the present bill seeks to consolidate and amend the law relating to domestic arbitration, international commercial arbitration, enforcement of foreign arbitral awards and to define the law relating to conciliation, taking into account the ..... on the question in the context of section 39 of the arbitration act, 1940.18. in sharda devi v. state of bihar, (2002) 3 scc 705, a bench of three judges of this court examined the question whether a letters patent appeal is maintainable against the judgment and decree of a single judge .....

Gemini Bay Transcription Pvt Ltd Vs. Integrated Sales Service Limited ...

Court : Supreme Court of India

..... is not based on evidence led by the parties, and therefore, would also have to be characterised as perverse.42. given the fact that the amended act will now apply, and that the patent illegality ground for setting aside arbitral awards in international commercial arbitrations will not apply, it is necessary to advert to the grounds contained in sections 34( ..... the present case. (emphasis supplied) 59. the judgment in ssangyong (supra) noted in para 29 that section 48 of the act has also been amended in the same manner as section 34 of 55 the act. the ground of patent illegality appearing on the face of the award is an independent ground of challenge which applies only to awards made under part ..... party claims that the agreement is not binding on it because that party was never a party to the arbitration agreement. thus in dardana ltd v yukos oil co [2002]. 2 lloyd s rep 326 it was accepted by the court of appeal that section 103(2)(b) applied in a case where the question was whether a swedish .....

Pushkar Nath Nehru and ors. Vs. Administrator (Now by Executive Office ...

Court : Supreme Court of India

Reported in : AIR1987SC1311; JT1987(1)SC799; 1987LabIC982; 1987(1)SCALE603; (1987)2SCC446; 1987(1)LC429(SC)

..... appellants, (hereinafter referred to as the 'petitioner') was entitled to pension under sub-section (3) of section 28 of the jammu & kashmir municipal act, samvat 1998, as amended by the jammu & kashmir municipal (amendment) act, samvat 2008, read with rule 5 of the jammu & kashmir pension rules, 1951.2. the facts leading up to the appeal are as follows ..... but the judgment delivered by the learned single judge was in the exercise of the original civil jurisdiction and therefore appealable under clause 12 of the letters patent. unless the matter relates to criminal jurisdiction, it must be taken that the issuing of writs of certiorari will ordinarily be in the exercise of original ..... kashmir were withheld by ramchandra kak, the then chief secretary and he dismissed the same. in 1945 the petitioner brought civil suit no. 17 of samvat 2002 in the court of the district judge for declaration that the termination of his service was wrongful and that he was entitled to continue in his office and .....

Agricultural Income Tax officer and Anr. Vs. Goodricke Group Ltd. and ...

Court : Supreme Court of India

..... dooars's judgment by retrospectively changing the basis of the levy of the cesses mentioned above. in the present case, what is done away with by the amending act of 1989 is a declaratory judgment holding the above cesses to be invalid. on all these grounds also the judgment in madan mohan pathak's case is distinguishable ..... issued mandamus directing payment of bonus as provided in the settlement. during the pendency of letters patent appeal, lic (modification of settlements) act, 1976 was enacted denying bonus payable to the employees. the appeal was withdrawn. the validity of 1976 act was challenged in this court under article 32 of the constitution. a bench of seven judges ..... the right given under the said judgment was therefore not sought to be taken away by the impugned act. further, inexplicably, the letters patent appeal filed by the lic was not pressed as otherwise section 3 of the impugned act would only have to be applied to the facts in that case to upset the single judge judgment .....

Dahiben Widow of Ranchhodji Jivanji and Others Vs. Vasanji Kevalbhai ( ...

Court : Supreme Court of India

Reported in : AIR1995SC226; (1995)97BOMLR234; (1996)1GLR272; JT1995(5)SC378; 1995(2)SCALE657; 1995Supp(2)SCC295; [1995]3SCR234

..... , it would not be out of place to first mention about the decision of privy council in kc mukherjee v. ram ratan kuer , in which the provisions of bihar tenancy amendment act, 1934 were applied to the case, though the amendment had seen the light of the day during the pendency of the appeal before the privy council.12. as the ..... not lie; in any case, it did not lie in the civil court. in the present appeal, we are only concerned with the question of jurisdiction inasmuch as the letters patent bench has not expressed any opinion on the merits of other point raised in this appeal.4. the defendant's case that despite what has been provided in section 88 ..... the decision of the other on appeal being preferred to it. the latest decision is that of the letter patent bench of the gujarat high court which has held that the amendment as retrospective.3. as the dispute is about the retrospectivity of the amendment, it is not necessary to note in detail the case of the parties as put forward in the .....

Umaji Keshao Meshram and ors. Vs. Radhikabai, Widow of Anandrao Banapu ...

Court : Supreme Court of India

Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)

..... of another high court and to alter by letters patent the local jurisdiction of that high court.63. the next statute with which we are concerned is the government of india act, 1915 (5 & 6 geo. v, c. 61). this act was amended in 1916 by the government of india (amendment) act, 1916 (6 & 7 geo. v. c. 37), and ..... at fort william in bengal was styled as the high court at calcutta. section 2 of the indian high courts act, 1911, amended section 16 of the indian high courts act, 1861, to enable the crown to establish by letters patent a high court in any portion of british india whether or not included within the limits of the local jurisdiction ..... this power of superintendence was very similar to the like power conferred later by section 107 of the government of india act of 1915. as under clause 15 of the letters patent of the bombay high court as amended by letters patent dated march 11, 1919, an intra court appeal does not lie against a sentence or order passed or made by .....

Pratap Pharma (Pvt.) Ltd. and Another Etc. Etc. Vs. Union of India and ...

Court : Supreme Court of India

Reported in : AIR1997SC2648; 1997(2)BLJR1076; JT1997(4)SC623; 1997(3)SCALE570; (1997)5SCC87; [1997]3SCR492; 1997(1)LC737(SC)

..... formulae described in, the authoritative books of ayurvedic (including siddha) and unani (tibb) systems of medicine, specified in the first schedule.5. under the amendment act 68 of 1983 section 3(h) has been amended, and reads as under:patent or proprietary medicine' means-(i) in relation to ayurvedic siddha or unani tibb systems of medicine all formulations containing only such ingredients mentioned in ..... appearing for the petitioners, seek to support their grievance, but we are unable to agree with the learned counsel. it is seen that patent and proprietary medicine was defined in the pre-amendment act under section 3(h) thus:'patent or proprietary medicine' means a drug which is a remedy for prescription presented in a form ready for internal or external administration of human .....

iridium India Telecom Ltd. Vs. Motorola Inc.

Court : Supreme Court of India

Reported in : AIR2005SC514; 2005(2)ALD34(SC); 2005(5)ALLMR(SC)191; 2005(2)ALT32(SC); 2005(2)AWC1872(SC); 2005(3)BomCR781; (2005)107BOMLR967; (2005)2CALLT59(SC); 2005(1)CTC304; 118(2005)D

..... empowered to make rules 'not inconsistent with the letters patent to regulate its own procedure in the exercise of its original jurisdiction as it shall think fit.'44. mr. ram jethmalani then put forth what he submits is the legal effect of section 16 of the amending act, 2002. in his submission, the legal effect of this provision ..... provision to the contrary can exclude the special law. the specific provision would be a provision like section 100a.'48. far from doing away with the letters patent, the amending act of 2002 has left unscathed the provisions of section 129 and what follows therefrom. the contention must, therefore, fail.49. in the result, we are of the ..... so interpreted as not to defeat the substantive vested rights created in favour of a litigant under the amendment act of 2002. since the written statement had not been filed within the time prescribed therein, by reason of the amended provisions of order viii rule 1, the plaintiff-appellant had a vested right to have his suit .....

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

Court : Supreme Court of India

Reported in : AIR1982SC1444; (1979)2SCC511; [1979]2SCR757

..... : air1969bom255 .with the aforesaid prefatory survey, we now turn to the 1911 act. the act provides various checks to prevent an invalid patent being granted which does not involve any inventive step or a manner of new manufacture or improvement. the procedure for obtaining an exclusive privilege under this act (before the amending act 39 of 1970), may be described as below:the true and first ..... inventor or his legal representative or assignee submits an application in the prescribed form and manner to the patent office. the application must contain a declaration to the effect that the application is .....

Municipal Corporation of Brihanmumbai and Another Vs. State Bank of In ...

Court : Supreme Court of India

Reported in : AIR1999SC2000; 1999(1)ALLMR(SC)246; JT1998(8)SC387; (1999)122PLR150; 1998(6)SCALE449; (1999)1SCC123; [1998]Supp3SCR288; 1999(1)LC461(SC)

..... causes court passed under section 217(1) of the act section 100a of the cpc, which was introduced by the amendment act, 1976 specifically bars any further appeal in such cases. that section reads :'100 a. no further appeal in certain cases. - notwithstanding anything contained in any letters patent for any high court or in any other instrument ..... 13. learned counsel appearing for the appellants at this stage, submitted that the appellants could challenge the order of the learned single judge against which the letters patent has been held to be not maintainable directly under article 136 of the constitution. it shall be open to the appellants to take recourse to such other ..... of the cpc. the objection found favour with the learned division bench and without going into the merits of the order of the learned single judge, the letters patent appeal was dismissed as not maintainable.5. we have heard mr. bhimrao n. naik, learned senior counsel appearing for the appellants and mrs. refique dada, .....