Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 10 amendment of section 11a Court: gujarat Page 1 of about 4 results (0.087 seconds)

Garware-wall Ropes Ltd. Vs. Techfab India and 5 ors.

Court : Gujarat

Reported in : LC2008(3)192

..... he has further submitted that the respondent's reliance on section 13(3) of the act is also misplaced inasmuch as unless patent office examines and investigates, the removal of defects/objections and consequent amendment effected by the appellant in its original application for registration of patent, no further proceedings would be taken place and on satisfaction of the patent office about the appellant's compliances, there is no requirement of issuance of a second report of examination and investigation of the said amendment. ..... sub-sections (1), (2) and (3) of section 11a of the act at the material time. ..... the learned single judge of this court has interfered with the order of the learned district judge, surat in the said appeal from order on 26.10.2005 and while vacating the ad-interim injunction, the learned single judge has observed that in case the respondents feel that impugned gabions are different than the patented srg invention of the appellant, the respondents were free to manufacture and sell the impugned gabions. ..... he has, therefore, submitted that the proviso to sub-section (7) of section 11a will not apply to the facts of this case for arguing that the appellant is, at the best, entitled to damages and not entitled to any proceedings for infringement since the priority date in the present case is 22.06.1999 and so will be the position in respect of the proviso to sub-section (7) of section 11a of the act. .....

Naranbhai Jivram Patel Vs. Naranbhai Jothidas Patel and anr.

Court : Gujarat

Reported in : AIR1989Guj181; (1989)1GLR21

..... the redress of any injury by reason of any illegality in any proceedings by or before any authority under any provision referred to in sub-clause (b) where such illegality has resulted in substantial failure of justice; 6.the aforesaid 42nd amendment act also amended art.227 of the constitution as under :-before amendment227(1) every high court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.after amendment227. ..... 107 of the government of india act (1915) or in the exercise of criminal jurisdiction.clause 15 of the letters patent provides for an appeal against the judgment of a single judge of the high court, unless it falls into one or the other of the aforesaid ..... 174 of 1978 out of which the present letters patent appeal has arisen, we find that the managing trustee and the principal of a secondary school had invoked the jurisdiction of this ..... view of the matter, the letters patent appeal is clearly incompetent and not ..... therefore, was that no appeal was maintainable against the decision in question dated 29-3-79 in view of clause 15 of the letters patent and in view of the aforesaid constitutional position.11. ..... as analysis of clause 15 for the letters patent clearly brings out that no appeal lies against any-one of the following categories of judgments(1) judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court .....

Somabhai Ishwarbhai Bhagat Vs. Natwerlal Chhanalal and Co. and ors.

Court : Gujarat

Reported in : (1975)16GLR130

..... 86 was given on behalf of the defendant in the city civil court requesting the court to permit it to amend the written statement so as to raise a contention that as the plaintiffs' alleged patent was sealed on 26th october 1971, the suit filed by the plaintiff on 24th september 1971 complaining of infringement would be premature in view of the proviso to section 7 of the act. ..... date of patent: except as otherwise expressly provided by this act, a patent shall be dated and sealed as of the date of application:provided that no proceedings shall be taken in respect of an infringement committed before the advertisement of the acceptance of the application.section 26 sets out the grounds on which application for revocation of the patent can be made and entertained by the high court. ..... day on which the defendant put forth a counterclaim by its written statement, the learned judge of the city civil court passed an order that as the defendant has put forth a counter-claim for revocation of the patent, the suit stood transferred to the high court in view of the provisions contained in the proviso to sub-section (1) of section 29 of the indian patents and designs act, 1911. ..... 'patentee' is defined in section 2(12) to mean the person for the time being entered on the register of patents kept under the act as the grantee or proprietor of the patent. ..... 'patent' is defined in section 2(11) to mean a patent granted under the provisions of the act. .....

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

..... by the code of civil procedure (amendment) act, 1976 (which remained in force from 1-2-1977 to 30-6-2002) meant 'an appeal from an appellate decree or an appeal from an order' and it did not mean 'an appeal from any appellate decree or an appeal from any appellate order', because the civil procedure code contemplates only three kinds of appeals -(a) appeals against original decrees (section 96) (b) appeals against appellate decrees (section 100) (c) appeals against orders (section 104) the code itself does ..... (iii) sub-section (2) of section 39 of the said act bars appeals otherwise maintainable under clause 10 of the letters patent also because the letters patent of the punjab high court are declared by clause 37 thereof subject to the legislative power of the governor-general in council under the government of india act, 1915 and may in all respects be amended or altered in exercise of legislative authority. ..... powers of the indian legislature preserved :- and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the government-general in legislative council and also of the governor-general in council under section seventy-one of the government of india act, 1915, and seventy-two of that act, and may be in all respects amended and altered thereby.' 12. .....

Shushila Kesarbhai and ors. Vs. Bai Lilavati and ors.

Court : Gujarat

Reported in : AIR1975Guj39

..... that is made clear by the statement of objects and reasons of the repealing and amending act 18 of 1928 where it is stated that the object of introduction of sub-section (3) in section 98 is to enact more clearly the provision which was previously implied in section 4 of the code. ..... ' section 98 which corresponds to section 575 of the code of 1882 provides, and here we are setting out the section as it stood prior to its amendment by the repealing and amending act 18 of 1928.'98. ..... made by the repealing and amending act, 18 of 1928, that section has no -application to oases heard by a division. ..... , and with a view to leave no scope for doubts or debate, introduced sub-section (3) in section 98 by the repealing and amendment act 18 of 1928. ..... if at all there was any doubt in regard to this question, it has been completely laid at rest by the introduction of sub-section (3) in section 9-8 by the repealing and amendment act 18 of 19l28. ..... clause to which we may refer and it is in these terms:-'and we do further ordain and declare that all the provisions of these our letters patent are subject to the legislative powers of the governor-general in legislative council and also of the governor-general in council under section seventy-one of the government of india act, 1915, and also of the governor-general in cases of emergency under section seventy-two of that act, and may be in all respects amended and, altered thereby. .....

Parikh Amratlal Ramanlal and ors. Vs. Rami Mafatlal Girdharlal and ors ...

Court : Gujarat

Reported in : (1982)2GLR337

..... not enable such a power of attorney holder of a party to a judicial proceedings to have audience before the court and even to depose on behalf of his principal, and(2) the amendment made by the high court of gujarat in respect of clause (a) of rule 2 of order 3 has stood repealed by section 97 of the code of civil procedure (amendment) act, 1976.the aforesaid grounds pressed in service by the learned member of the tribunal to base his conclusion that a power of attorney holder of a party in judicial proceedings before ..... it must, therefore, be held that the learned member of the tribunal committed a patent error of law when he took the view that the amendment effected by the gujarat high court 1961 in 0.3 r.2(a) has stood repealed by section 97 of the code of civil procedure (amendment) act, 1976. ..... the basis fallacy of the aforesaid' conclusion becomes apparent from a mere look at section 97(1) of the code of civil procedure (amendment) act, 1976, which reads as under:97(1) any amendment made, or any provision inserted in the principal act by a state legislature or a high court before the commencement of this act shall, except in so far as such amendment or provision is consistent with the provisions of the principal act as amended by this act, stand repealed.(2)....10. .....

Navjagrut Labour Union and anr. Vs. Ahmedabad Electricity Co. Ltd. and ...

Court : Gujarat

Reported in : [2007(115)FLR600]; (2008)IILLJ175Guj

..... for the court's consideration is that after an amendment by the state government in bir act, 1946 by way of an insertion of sub-section (6) in section 2 and after publication of notification dated april 19, 2005, granting exemption to the opponent no. ..... has, therefore, submitted that the applicant union cannot be permitted to be impleaded as a party -respondent in the letters patent appeal proceedings in view of the division bench judgment of this court since the applicant union is not a representative union under the bir act, as per the provisions contained under section 7 of the general clauses act, 1904, the applicant union will have no locus standi to represent the case of the employees when they are represented ..... the last submission which is made by mishra in his written submissions is that the present letters patent appeal is not maintainable as it is filed against the judgment and order of the learned single judge of this court passed under article 227 ..... stipulated in the said settlement that the pending matters including the present letters patent appeal have been mutually agreed to be discussed between the parties for expeditious ..... 2 union is already a party in the main proceedings of letters patent appeal and hence, the applicant union cannot appear in the main proceedings by way of filing the present civil application and act as a representative union as per the judgments of this court as well as the hon'ble supreme court of india and hence, the present civil application .....

NitIn Shantilal Bhagat and 1 Vs State of Gujarat Through B R Choksi

Court : Gujarat

..... article 227 of the constitution, prior to its amendment by 42nd amendment act of 1976, was a power of judicial superintendence akin to the power of revision being exercised under section 115 of the civil p.c. ..... is, no doubt, true that the exercise of power related to a person, who had been convicted of a crime, but the criminal jurisdiction which is referred to in clause 15 of the letters patent clause, would be with regard to the exercise of powers of appeal or revision by the high court under the relevant provisions of the code of criminal procedure and not in exercise of powers under ..... retains the civil, criminal, testamentary, intestate and matrimonial jurisdiction conferred upon the high courts under the letters patent and article 226 confers additional jurisdiction and since it is the additional jurisdiction, it must be different from ..... govind swaminathan reported in air madras 121, the madras high court held that no appeal lies under clause 15 of letters patent against an order of single judge while presiding over the criminal sessions of the high court finding a person guilty of `ex-facie' ..... the administration of justice, including power to appoint clerks and other ministerial officers of the court, and power to, make rules for regulating the practice of the court, as are vested in them by letters patent, and, subject to the provisions of any such letters patent, all such jurisdiction, powers and authority as are vested in those courts respectively at the commencement of this .....

Chavda Jagmal Bhai Malabhai and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR2002Guj48

..... condition of prescribed mode of disposal of land was not there, yet, in the final notification of variation, such a condition could be incorporated and that course is permissible under sub-section (2) of section 19 which uses the expression 'after considering the suggestions and objections and after consulting the development authority, the state government, by notification sanction the variation with or without modification'. ..... learned counsel shri yatin oza appearing for the appellant in the letters patent appeal contended that may be in the proposed notification dated 24-9-1992 issued under sub-section (i) of section 19 of the town planning act for variation of the final development plan to the extent of converting the land from industrial zone to residential zone, there was no condition proposed to be incorporated for restricting disposal of ..... interest litigation such as that they are not bona fide public interest litigants, and have filed the petition to support the case of the appellants in the letters patent appeal, that they have filed the same sensing the trend or the opinion of the learned single judge do not impress and persuade us to uphold the action merely on such technical ..... on the provisions of section 21 of the general clauses act, 1897 in support of the submission that power to issue amendment or variation includes power ..... (b) the amendments, if any, in the regulations, and(c) the approximate, cost, if any, involved in the acquisition of land, which by virtue of .....

Commissioner of Income-tax, Bombay City-ii Vs. Godhra Electricity Co. ...

Court : Gujarat

Reported in : (1983)32CTR(Guj)141; [1983]140ITR657(Guj)

..... that being so, since the licensee was in law entitled to unilaterally increase the rates as held by the division bench of this court in the letter patent appeals and later affirmed by the supreme court, it is obvious that the enhanced rates had come into operation and the licensee had a legal right to recover charges ..... division bench of this court in the aforesaid two letters patent appeals reversed the decrees passed in favour of the respective consumers and dismissed both the suits holding that under the electricity (supply) act, as amended in 1956, the assessee was entitled to enhance the charge unilaterally subject to the conditions prescribed in the sixth schedule to the said act. ..... question which the supreme court was required to answer in the said two appeals was whether under the provisions of the electricity (supply) act, as amended in 1956, the assessee was competent to unilaterally enhance the charges. ..... clause (b) of the said section provides that where a rating committee constitute under sub-clause (i) of clause (a) it shall be constituted not later than three months after the expiry of the notice referred to in the first proviso to that clause which ..... section 57a(1) next provides that where the provisions of the sixth schedule are, under ..... section 145(1) next provides that income chargeable under the head 'profits and gains of business or profession' or 'income from other sources' shall be computed in accordance with the method of accounting regularly employed by the .....