Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 24 omission of section 27 Court: allahabad Page 16 of about 1,207 results (0.113 seconds)

Aboo Hurera and ors. Vs. Deputy Director of Consolidation and ors.

Court : Allahabad

..... to the deputy director of consolidation. the relevant paragraphs 10, 11 and 12 are reproduced hereunder:10. there can be no doubt that under the amended section 48 of the consolidation act, the revisional power of the director of consolidation is not confined to errors of jurisdiction as was the position under the unamended provision. the power of ..... evidence had not been considered by the authorities in recording a finding of fact or law or the conclusion reached by it is based on no evidence, any patent illegality or impropriety had been committed or there was any procedural irregularity, which goes to the rest (sic root) of the matter, had been committed in recording ..... in support of his submission he relied upon the following decisions:(1) smt. lal dei through lrs and ors. v. deputy director of consolidation, varavansi and ors. reported in 2005 (98) rd 520.(2) rajbir and ors. v. dy. director of consolidation, meerut and ors. reported in 1999 (90) rd 313.(3) ram bhajan and ors. v .....

Prabhuji and anr. Vs. State of U.P. Thru Secy. Appointment and ors.

Court : Allahabad

..... hon'ble supreme court in the recent judgment decided on 13. 9. 2010 in civil appeal no. 1312 of 2005 (ashok pal singh & others. v. u. p. judicial services association & others). submission is that the amendment done and incorporated as rule 22 (2) and (3) its proviso and rule 26 (1) that u. p ..... india spinning, weaving and manufacturing company limited, empress mills, nagpur versus municipal committee, wardha while construing section (66)1 of the central provinces and berar municipalities act, 1922 which authorized imposition of ''a terminal tax on goods or animals imported into or exported from the limits of a municipality', their lordships of hon' ..... sc 2004 (p. 2012) rakesh wadhawan versus jagadamba industrial corporation, hon'ble supreme court while interpreting section 13(2)(i) of the east punjab urban rent restriction act, 1949 held that the qualifying expression ''assessed by the controller' in the proviso qualified also ''the arrears of rent' and not merely ''cost of application. 81 .....

Chemical Industrial and Pharmaceutical Laboratories Ltd. Vs. Prasanta ...

Court : Allahabad

Reported in : AIR1950All258

..... 571 : (67 l. j. ch. 628), which dealt with the question whether the word 'solio' could be registered as an invented word under the patents, designs and trade marks act, 1883, as amended by the later act of 1888. the earl of halsbury l. c. remarked at page 577 :'i can quite understand suggesting other words --compound words, or foreign words, as ..... v. kellogg co. of canada ltd., a. i. r. (25) 1938 p. c.143 : (175 i. c.178), in which it was emphasised that words merely descriptive of patented products could not be registered as a trade-mark, that a descriptive word might have acquired a secondary meaning, and that to ascertain this it should be seen how the ..... brevity and elegence, retains its suggestiveness of the product for which it has been employed, it was held by lord herschell in eastman photographic materials company v. comptroller general of patents, designs and trade marks, 1898 a. c. 571 at p. 581: (67 l. j. ch. 628), that a mere combination of two english words is not an invented .....

Har Prasad and anr. Vs. Raghubar Dayal

Court : Allahabad

Reported in : AIR1924All62; (1923)ILR45All628; 74Ind.Cas.817

..... evidence that a mistake had been made in the demarcation of a dividing line as shown upon a map which became a part of the decree, he has endeavoured to amend the mistake by giving effect to what he considers the real intention of the arbitrators. it is quite clear that no execution court has any jurisdiction to do anything of ..... is carefully considered, it is clear that no such critcism can really be made. the decision of arbitrators is final. if there is on the face of the award a patent inconsistency, such as a flat contradiction in measurement, or a mistake of arithmetical calculation, it is open to the court to which application is made for filing the award, on ..... question of this dividing life. however, it is not really necessary to express a final opinion on that point, because this award, including the map, was filed by the judicial act of a competent court after all the parties had been heard. a decree was passed and the map now in question became a part of the decree. it is quite .....

Parmeshar Singh and ors. Vs. SitladIn Dube and anr.

Court : Allahabad

Reported in : AIR1934All626; 150Ind.Cas.1096

..... begins to run though a subsequent default also takes place. but the danger of applying the same principle to different oases under different articles of the limitation act is patent from their lordshipsr own decision. when considering the same point in connexion with article 132 their lordships held that the money had not become due on the ..... court used to hold that limitation for an application for restitution was not governed by the article governing an application for the execution of a decree, and the amendments made in the code of 1908, seem to show that the legislature intended that view to prevail. if it results in unintended hardship then the legislature can intervene ..... b.), which was a case of execution, and muhammad sulaiman khan v. muhammad yar khan (1889) 11 all. 267 (f.b.), which was a case of an amendment of a decree. in both these cases it had been held that the operative decree is the decree passed finally by the appellate court. the learned judge observed that when .....

Baijnath Vs. Doolarey Hajjam

Court : Allahabad

Reported in : AIR1928All708; 110Ind.Cas.719

..... into force no leave would have been necessary and a substantive right of appeal could not be taken away by a subsequent amendment of the letters patent. the amendment came into force from the date of its publication in the gazette, namely, 28th january 19283. the judgment in the present case was delivered after this date, hence ..... a statute of limitation is retrospective in its operation and governs all proceedings from the moment of its enactment, even though the cause of action might have accrued before the act came into existence: vide soni ram v. kanhaiya lal [1913] 35 all. 2275. although this was a case in which i might have granted leave if i had ..... leave is necessary.3. as regards the prayer for extension of time, it is quite clear that section 5, lim. act, does not apply to this case, for .....

Waris Ali Khan Vs. Parshotham Narain

Court : Allahabad

Reported in : 6Ind.Cas.609

..... could then go into the question of title. to allow the defendant to secure from the collector an amendment of the khewat, under powers granted to him by the revenue act, cannot in any way amount to the court, seized of the suit, going behind the khewat. this ..... ) 43 : 4 a.l.j. 166, knox, j., adhered to this view but his learned colleague richards, j., differed from him. on letters patent appeal the view of knox, j., was approved by the learned chief justice and justice sir william burkitt, [vide dhanka v. umrao singh 30 a. ..... 3) of section 201, subject only to the result of a suit in a civil court, an appeal under the letters patent was preferred against the decision of the senior judge in this case and it came before my late colleague sir william burkitt ..... the plaintiff was a recorded sharer as conclusive proof establishing his title.18. this appeal under the letters patent was then preferred, and owing to the difference of opinion amongst the judges as to the true meaning of section 201 of .....

Shanker Swarup Saxena Vs. Allahabad Dist. Co-operative Bank Ltd. and a ...

Court : Allahabad

Reported in : (1978)IILLJ204All

..... settlement or award, or under an award given by an adjudicator for the state industrial tribunal appointed or constituted under this act, before the commencement of the uttar pradesh industrial disputes (amendment and miscellaneous provisions) act, 1956, the workmen may without prejudice to any other mode of recovery make an application to the state government for ..... registered.7. section 6h(1) and 6h(2) of the act are in the following terms :6h. recovery of money due from an employer.-( ..... to enforce the said term and condition under section 6h, sub-clause (2) of the act. the question is whether the settlement was a registered settlement or not was not relevant to the controversy. the labour court committed patent error in rejecting the petitioner's claim merely on the ground that the agreement was not .....

Gajendra Singh Vs. High Court of Judicature at Allahabad Through the R ...

Court : Allahabad

Reported in : (2004)3UPLBEC2934

..... petitioner-respondent was pending in view of catena of decisions of the apex court on the subject. the proper course available to the petitioner was to file an application for amendment in the aforesaid writ petition no. 1000 (sb) of 2001 instead of filing second writ petition. moreover, a perusal of the order dated 22.11.2001, passed ..... correct grave and palpable errors committed by it. in state of gujarat v. sardar begum and ors., air 1976 sc 1695, it was held that if a patent error has crept in due to inadvertence the same could and should have been suo motu corrected by the high court in the exercise of its inherent jurisdiction even ..... the petitioner-respondent in his capacity as a chief judicial magistrate was legal or illegal but it will not preclude the respondent from taking the disciplinary action for his acts which can easily be termed as misconduct and in violation of conduct rules. placing reliance on a supreme court decision rendered in iip. rajya krishi utpadan mandi parishad .....

Upcom Cables Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1997)63ITD404(All.)

..... it may be clarified that since the provisions of sections 147 to 152 lay down procedural law, these have retrospective effect, unless the amending statute provides otherwise. therefore, the amendments made to these sections by the amending acts, 1987 and 1989, discussed in the preceding paragraphs, which came into force with effect from 1-4-1989, will be retrospective in ..... cbdt's circulars were binding on them. we will now take up the objection of the assessee about the applicability of the amended provisions of section 147 of the act.16. section 147 before substituted by direct tax laws (amendment) act, 1987 w.e.f. 1-4-1989 reads as under :- (a) the assessing officer has reason to believe that ..... applicability but there being no dispute that none such is applicable to the facts of the case, we are skipping them to avoid bulk to the order.13. patently in view of the fact that even farthings earned by a company is taxable no part of the income exempted, could it be said that a return showing .....