Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 24 omission of section 27 Court: delhi Page 11 of about 9,282 results (0.225 seconds)

Thomson Brandt Vs. the Controller of Patents and Designs

Court : Delhi

Reported in : AIR1989Delhi249; 1989(1)ARBLR339(Delhi); 38(1989)DLT78

..... claim of the appellant qualifies as an 'invention' and is not bit by provisions of section 3 of the act it was liable to be patented in accordance with the provisions of the act. it would also be clear from the order of the controller that the controller has not gone into the correctness ..... alleged violators'. (4) it would be appropriate at this stage to refer to provisions of section 5 of the act which lays down : section 5. inventions where only methods or processes of manufacture patentable. in the case of inventions. (a) claiming substances intended for use, or capable of being used, as food ..... patents act. 1970 is directed against the order dated 8th march, 1984 of the asstt. controller of patents & designs, new delhi (hereinafter called 'controller') whereby application patent no. 342/del/so of the appellant filed on 9th may, 1980 for grant of patent in respect of a process of manufacture was rejected. during the course of hearing before the controller the statement of claims was amended .....

Vandana Shiva and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 1995(32)DRJ447

..... india by itself doesn't furnish any cause of action to claim that the fundamental rights of the citizens are affected or that the provisions of the indian patent's act are offended by the treat)'. this flows directly from the decisions of our supreme court. (21) even otherwise, it is not for this court to ..... determine was whether there was concrete and solid evidence. the government could not be restrained from implementing the award even though there was no constitutional amendment. in that context reference was made to treaties which require legislation to be made and also to 'self executing' treaties and the legal theories based thereon (paras ..... held that mere apprehension of petitioners that they would be deprived of their fundamental rights in future, was not enough. adverting to the contention that a constitutional amendment was necessary for cession, the supreme court held that it was not sitting in appeal over the award of the tribunal and all that the court could .....

Rahul Gupta Vs. Mr Pratap Singh and ors.

Court : Delhi

..... . rules against any order made by the registrar under rule 3 of chapter ii of the said rules, even if no appeal was provided under the code, the act or the letters patent. the court held that rule 4 of chapter ii of the o.s. rules provided not only a forum but also the right of appeal and all orders made ..... appeal from an original order, has been decided by a single judge then in such cases, letters patent appeal is not available as the same has been withdrawn by amending section 100a of the code. in that case, the question arose whether a letters patent appeal would lie against an order of a single judge passed in an appeal preferred, under section 10f ..... of the companies act, 1956, from an order passed by the company law board. this case too was in .....

State Through Reference Vs. Ram Singh and ors.

Court : Delhi

..... profile of the prosecutrix.340. it deserves to be mentioned at this juncture that though dna testing obtained legislative recognition in india through the code of criminal procedure (amendment) act, 2005 by addition of sections 53 and 53a, which expanded the scope of the term examination to include dna profiling, as early as in the year 2001, the supreme ..... note that both the provisos to sub-section (1) were inserted in the code of criminal procedure by the death sentence reference no.6/2013, criminal law (amendment) act, 2013 (act no.13 of 2013) with effect from 03.02.2013 and the charge sheet in the instant case was filed on 03.01.2013. therefore, the provisos to ..... videographed cannot be interpreted to mean that the said statement was not an authentic one. in any event, the provision for videography was inserted by the criminal law (amendment) act, 2013 (act no.13 of 2013) with effect from 03.02.2013 in the proviso to the newly added sub-section 5(a) of section 164 and hithertobefore, i.e .....

Goyal Mg Gases pvt.ltd. Vs.ind Syndergy Limited & Ors.

Court : Delhi

..... house courts having jurisdiction in the matter. the applications were filed on the premise that under section 142(2)(a) of the negotiable instruments act, 1881, as amended by negotiable instruments (amendment) act, 2015, the complaint could be preferred within the jurisdiction of the court where the branch of the bank where the payee or holder in due ..... common order has dismissed all these applications.18. the submission of learned counsel for the petitioner is that the impugned common order dated 02.06.2016 is patently laconic. firstly, the learned metropolitan magistrate has failed to appreciate that its common order dated 30.08.2014 directing return of the complaints for them being filed ..... impugned common order dated 02.06.2016 and the aforesaid decisions relied upon by the parties, i am of the view that the common impugned order is patently laconic and cannot be sustained. i am also inclined to allow the prayer of the petitioner for transfer of the said 30 complaints as sought by the .....

National Highways Authority of India vs.pnc-bel (Jv)

Court : Delhi

..... ). explanation 2 38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... and bridges on nh-87 in uttar pradesh (package-ii).2. the contract price was of rs. 221,42,18,567/-. the date of commencement of work was 31.03.2005 and the date for scheduled completion of work was 30.09.2007. o.m.p. (comm) 41/2019 page 1 3. admittedly, the work with respect to widening ..... (hereinafter referred to as the act ) has been filed challenging the arbitral award dated 20.09.2018 passed by the arbitral tribunal adjudicating the disputes that have arisen between the parties in relation to the agreement dated 04.02.2005, executed between the parties for the project for widening and strengthening of national highway no.24 from km 93. .....

Nabinagar Power Generating Company Limited vs.amr India Limited (Amril ...

Court : Delhi

..... as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... would remain, for if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act that would certainly amount to a patent illegality on the face of the award.41. the change made the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), in section 28(3) by ..... 2 2 (supra). understood in paragraphs 36 to 39 of associate builders to section 34(2)(b)(ii)and to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with. explanation 38. insofar .....

Duncan Agro Industries Ltd. Vs. Union of India

Court : Delhi

Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)

..... and the records are maintained there and there is no contemplation of transfer of pending cases in section 11-a. support is taken from section 8 of the amendment act, 1985 which provides for the transfer of proceedings pending before the assistant collector to the collector of central excise on the vesting of the vesting of the ..... respondents in proceeding simultaneously with the show cause notices dated march 5, 1986 and april 9/21, 1986 and the criminal complaint dated october 16, 1986 is patently discriminatory and vocative of article 20(3) of the constitution of india. it is urged that the petitioners are entitled to keep their mouth shut if the answer ..... april 9/21, 1986 and the criminal complaint dated october 16, 1986 based on identical allegation of fact are patently vocative of article 20(3) of the constitution. iv. that the scheme of arrangement under the companies act, 1956 between duncan's and ntc sanctioned by the calcutta high court makes clear provisions for the discharge of .....

Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2001(128)ELT353(Del)

..... april, 1979 and protocol to agreement on implementation of article vii of gatt, dated 1st november, 1979 along with the statement of objects and reasons of the amendment act. he also relied upon the observations of the supreme court in the earlier litigation between the parties that without the licence, the importer could not have utilised the ..... not only the right to produce in the midrex direct reduction process plant and sell the products produced by the plant world-wide but also to use all patents, confidential information for the operation of the plant and, thereforee, the license fees paid to midrex would have to be added to the price of the plant ..... sponge iron whereas, the second agreement was entered into by the petitioner no. 1 - company with voest alpine for services for construction projects and rights to use patents for marketing sale design and construction of the said plant at hazira. for the aforesaid services, the petitioners were required to pay to voest alpine a lump sum .....

Anil Kapoor Vs. S.R. Sharma Thr. Lrs.

Court : Delhi

Reported in : (2009)155PLR53

..... of an interlocutory order which amounts to an exercise of discretion and which may yet amount to a judgment within the meaning of the letters patent. suppose the trial judge allows the plaintiff to amend his plaint or include a cause of action or a relief as a result of which a vested right of limitation accrued to the defendant ..... however, did not commence for one reason or the other. at the stage when the trial was to finally commence, the appellant filed an application being ia no. 5051/2005 seeking leave of the court to file additional documents under order 13 rule 2 of the code of civil procedure, 1908 (hereinafter referred to as 'the said code'). the ..... is made. each case would thus depend on its own peculiar facts and circumstances. we have arrived at this conclusion on the plain reading of section 10 of the act in the background of the statutory scheme. in our view, the drafts-man could neither have intended to restrict the right of appeal only' to final judgments disposing of .....