Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 10 amendment of section 11a Court: madhya pradesh Page 1 of about 2 results (0.087 seconds)

Laxminarayan Vs. Shivlal Gujar and ors.

Court : Madhya Pradesh

Reported in : AIR2003MP49; [2004(1)JCR203(MP)]; 2002(4)MPHT463

..... kale that the conclusion arrived at in the case of sachish chandra jain (supra) that contrary intention is manifest inasmuch as there is no saving in respect of the letters patent appeal as per section 16 of the amending act is erroneous inasmuch as the said analysis suffers from an inherent and intensive fallacy. ..... ; (b) the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before the commencement ..... code either by a state legislature or by a high court which were inconsistent with the code as amended by the amending act stood repealed irrespective of the fact whether the corresponding provision in the code had been amended or modified by the amending act and that was subject only to what was found in sub-section (2) of section 97, sub-section (3) of section 97 provides that save as otherwise provided in sub-section (2) the provisions of the code as amended by the amending act shall apply to every suit, proceeding, appeal or application pending at the commencement of the .....

Laxmi Narayan Nayak Vs. Ramratan Chaturvedi and ors.

Court : Madhya Pradesh

Reported in : AIR1986MP165; 1986MPLJ261

..... letters patent is to be considered in the light of the objects of the representation of the people act, 1951 which implies that the act is a self-contained enactment so far as, elections to legislatures are concerned, which means that whenever one has to ascertain the true position with regard to any matter connected with elections to the legislatures, he has to look into the act and the rules made thereunder and at the same time the pith and substance of the amending act no. ..... while enacting relevant provisions of our constitution relating to the .establishment of the high court, there is no whisper about the provisions of letters patent and that is so because it stood repealed much earlier as the orders passed before 25-1-1950 were never issued by the governor general of india by deriving his powers from the letters patent, but were issued under the amended provisions of section 229 of the government of india act, 1935.33. ..... as such section 229 of the government of india act, 1935 was also amended and the powers of his majesty to constitute or to reconstitute high, courts by letters patent, were deleted and it was the governor general of india who was only authorised to constitute and establish high court by his 'orders' and his powers were not regulated by the 'letters patent' which was the exclusive prerogative of king emperor of england. .....

K.L. Chaturvedi Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1960CriLJ1614

..... this petition under article 228 of the constitution is founded on the contention t that the drugs act, 1940, as amended by the drugs (amendment) act, 1955, was unconstitutional and void, as it unreasonably restricted the fundamental right of the petitioner to manufacture and sell his patent' and proprietary medicine, 'germs killer' without disclosing on the carton or label of the drugs its true formula or list of ingredients.2. ..... -clause if, without disclosing a full and detailed receipt of the ingredients, it indicates correctly all the potent or poisonous substances contained therein together with an approximate statement of the composition of the medicine.the expression 'patent or proprietary medicine' was defined in section 3 (d) to mean:a drug which is a remedy or prescription prepared for internal or external use of human beings or animals, and which is not for the time being recognized by the permanent commission on biological standardization of the world .....

Commissioner, Dew As Municipal Corporation Vs. Anusueeya w/o Babulaal ...

Court : Madhya Pradesh

..... (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high courts power under article ..... this court keeping in view the aforesaid, as the order passed by the learned district judge does not suffer from any patent illegality nor any jurisdictional error has been committed while passing the order, is of the considered opinion that no case for interference in the matter under article 227 of the constitution of india is ..... (g) apart from the situations pointed in (e) and (f), high court can interfere in exercise of its power of superintendence when there has been a patent perversity in the orders of tribunals and courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles of natural justice have ..... the order passed by the learned district judge does not suffer from any patent illegality nor any jurisdiction error has been committed by the trial court while passing the ..... at the same time, it must be remembered that such statutory amendment does not correspondingly expand the high courts jurisdiction of superintendence under article ..... was preferred on behalf of the defendants stating that in light of section 402 of municipal corporation act, 1956, no civil suit is maintainable as the officers of the municipal corporation are enjoying immunity for any act done by them in good faith. .....

Mitthanlal Mishra Vs. State Government of M.P. and ors.

Court : Madhya Pradesh

Reported in : AIR1998MP67; 1997(2)MPLJ216

..... amendment) act, 1983 and also challenges the order of confiscation passed by respondent ..... amendment) act, ..... sub-section (5) of section 52 of the act provides that no order of confiscation under sub-section (3) shall be made if any person referred in clause (b) of sub-section (4) proves to the satisfaction of forest officer that the property was used without his knowledge or connivance or without the knowledge or connivance or his servant or agent and that all reasonable and necessary precautions had ..... sub-section (4) of section 52 of the act.13. ..... clause (b) of subsection (4) of section 52 of the act provides for notice to different persons and clearly provides that the notice shall be issued to the person from whom the property was seized and to the person who has some interest in such ..... the authorised officer, according to language of sub-section (b) is obliged to issue notice to the person from whom the property is seized and duly bound to issue notice to the person who has interest in the ..... a) of the forest act (as amended in m.p. ..... is submitted by him that the order passed without hearing the owner of the property is patently contrary to law and is liable to be quashed.6. ..... sub-section (4) of the section 52 provides that no order confiscating any property shall be made under sub-section (3) unless the authorised officer issues a notice in writing to the person from whom the property is seized, and to any other person, who may, appear to the authorised officer to, have some interest in .....

Chuluram Vs. Bhagatram

Court : Madhya Pradesh

Reported in : AIR1980MP16; 1980MPLJ37

..... the next important section for our purpose is section 97 of the amending act which in so far as relevant, reads as follows;'(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. ..... doliluddin air 1928 cal 640 (fb) and in re, vasudeva samiar air 1929 mad 381 (fb) which were approved in gurikapati's case the question related to the effect of amendment in letters patent restricting the right of appeal from the judgment of a single judge by putting condition of leave to be obtained from that judge and it was held that the amendment did not take away any vested right of appeal and. ..... it is also noteworthy that section 97 (2) (a) of the amending act, which provides that the amendment made to section 2(2) of the code by section 3 'shall not affect any appeal against the determination of any such question as is referred to in section 47 and every such appeal shall be dealt with as if the said section 3 had not come into force' is not in terms restricted to pending appeals or to appeals arising from determinations made before the coming into force of the amending act. .....

Smt. Pravati Mishra Vs. Jagadananda Mishra

Court : Madhya Pradesh

Reported in : I(1995)DMC77

..... section 5 of the act has also been substituted by the 1976 amendment act ..... 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 yearsimmediately preceding ..... marriage, he filed the suit for dissolution of marriage, and a petition was filed, in terms of section 14 of the act to allow for filing of a petition within a period of one year from the date of marriage ..... it is important to notice that to bring a case within the ambit of clause (iii) of sub-section (1) of section 13, mental disorder should be of such a kind and to such an extent that the applicant cannot reasonably be ..... 70 of 1993 purportedly under sections 13 and 14 of hindu marriage act, 1955 (in short, the 'act'), praying for dissolution of his marriage with ..... section 25 recognises the right of the wife and husband to be in equali jura in the matter of maintenance when a decree is passed granting relief in any matrimonial cause, it is primarily intended to secure maintenance and support for the wife in whose favour decree is made granting any of the reliefs under the act ..... section 25 of the act deals with permanent alimony and maintenance, and court's jurisdiction to order for such payment at ..... section 5(ii) of the act lays down as one of the condition for a hindu marriage that neither party must be incapable of giving valid consent in consequences of unsoundness of mind or .....

Central Indian Insurance Co. Ltd. Vs. Income-tax Officer, A-ward Indor ...

Court : Madhya Pradesh

Reported in : [1963]47ITR895(MP)

..... is significant that section 15 of the income-tax (amendment) act, 1953, amended sub-section (2) of section 24 retrospectively from april ..... no question of set-off and carry forward of losses in the sense contemplated by section 24 of the act, as it stood before the amendment act of 1953, arose in that case. ..... for one, two, three, four and five years, respectively :provided that -(a) where the loss sustained is in any business, profession or vocation, so much of such loss as is referred to in the first proviso to sub-section (i) shall not be set off except against the profits and gains accruing or arising in the state of jammu and kashmir from the same business, profession or vocation and exempt from tax under the provisions ..... :-provided that :(a) where the loss sustained is a loss of profits and gains of a business, profession or vocation to which the first proviso to sub-section (1) is applicable, and the profits and gains of that business, profession or vocation are, under the provisions of clause (c) of sub-section (2) of section 14, exempt from tax, such loss shall not be set off except against profits and gains accruing or arising in india, but outside the taxable territories ..... this decision was superseded by the indian income-tax (amendment) act, 1953 (25 of 1953), with effect from april ..... appear somewhat strange that an 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. .....

Commissioner of Income-tax Vs. M.P. Electricity Board

Court : Madhya Pradesh

Reported in : [1994]210ITR425(MP)

..... it may appear somewhat strange that an 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. ..... not the contention of the revenue that even under the amended act, the assessee is not eligible for investment allowance. ..... if, as a result of the said fiction, we must read the subsequently inserted proviso as forming part of section 18a(5) of the principal act as from april 1, 1952, the conclusion is inescapable that the order in question is inconsistent with the provisions of the said proviso and must be deemed to suffer from a mistake apparent from the ..... if a mistake of fact apparent from the record of the assessment order can be rectified under section 35, we see no reason why a mistake of law which is glaring and obvious cannot be ..... subsequently, section 32a(4) was amended retrospectively from april ..... this application under section 256(2) of the income-tax act, 1961, is filed by the revenue seeking to compel the income-tax appellate tribunal to refer to the high court three purported questions ..... reasoning squarely applies to the facts of the present case and in relation to the exercise of power under section 154 of the act. ..... paid in advance under section 18a(5) of the act. ..... the assessee moved the tribunal for rectification under section 154 of the act. ..... is regarding the investment allowance relating to the assessment year 1981-82 claimed by the assessee under section 32a(4) of the act. .....

Central India Insurance Co. Ltd. Vs. Income-tax Officer 'A' Ward and A ...

Court : Madhya Pradesh

Reported in : AIR1962MP336

..... section 15 of the income-tax (amendment act, 1953, amended sub-section (2) of section ..... in the sense contemplated by section 24 of the act, as it stood before the amendment, act of 1953, arose in that ..... amendment by act 25 of 1953, the relevant provisions of section 24(2) of the act read as follows: '(2) where any assessee sustains a loss of profits of gains in any year, being a previous year not earlier than the previous year for the assessment for the year ending on the 31st day of march, 1940, under the head 'profits and gains of business, profession or vocation', and the loss cannot be wholly set off under sub-section ..... after the tribunal had passed an order in appeal, it is well-established that when an appeal or revision has been preferred against a decree, the power of the court of first instance to amend the decree depends on the question whether the decree has been superseded by the appellate decree or is left intact it is also well settled that, where the decree of the lower court is ..... years, respectively:-- provided that-- (a) where the loss sustained is in any business, profession or vocation, so much of such loss as is referred to in the first proviso to sub-section (1) shall not be set off except against the profits and gains accruing or arising in the state of jammu and kashmir from the same business, profession or vocation and exempt from tax ..... when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. .....