Court : Delhi
Reported in : ILR1973Delhi177
..... was not on the side but on the front. in addition, the defendants claimed that they had already instituted a petition under section 51-a of the patents and designs act, 1911, for cancellation of the plaintiff's design which was pending in this court. another defense of the defendants was that the locks they were manufacturing were ..... is liable to be cancelled on the grounds mentioned in the application? 2. are the applicants entitled to the relief sought by them on the grounds introduced through amendments in the amended petition?'(12) at the time the first issue was framed, the counsel for the petitioners stated that he wanted to give evidence on three matters, which were:- ..... the revocation of the design registered in favor of the america lock company. in this case, only one issue was framed on 4th march, 1968. later on, certain amendments were allowed in the application for revocation, and a second issue was framed on 20th april, 1970. the two issues as finally framed were as follows:- '1. .....
Tag this Judgment!Court : Delhi
Reported in : AIR2006Delhi325; 127(2006)DLT188; 2006(88)DRJ31
..... by the registrar under rule 3 on an application/matter against which no appeal is provided under the code of civil procedure, delhi high court act, 1966 or the letters patent of this court', and2. if the answer to above question is in negative, whether rule 4 needs to be retained in the rules or ..... and distinction as drawn between proceedings before civil courts and proceedings on the original side of the chartered high courts. it was further held subsequent amendments and even the last amendment of the code in the year 2002 does not affect this principle and the rules will override and are binding even if they are contrary ..... following matters may be exercised by the registrar:(1) admission of plaints and applications and issue of summons and notices;(2) applications to amend the plaint, petition or subsequent proceedings where the amendment s ought is formal;(3) applications for issuance of commissions to examine witness;(4) attachment of property of absconding witness;(5) inquiries .....
Tag this Judgment!Court : Delhi
..... been fully discussed in those judgments. i may, however, deal with one aspect of the matter. the criminal procedure code, as its long title indicates, is an act "to consolidate and amend the law relating to criminal procedure". sub-section (1) of section 5 of that code says that "all offences under the indian penal code shall be ..... of the single judge as that decision was taken in exercise of criminal jurisdiction, and the second submission made was that, an appeal would lie under letters patent only against a judgment, the order sanctioning prosecution was not a judgment. chief justice schwabe after noting the submissions made the following observations: ..on both these ..... dr. arun mohan drew our attention to the following judgments; including those which took the contrary view: k. karunakarans case; abdul karim haji zaveri vs district magistrate 2005 cri.l.j.1651; chennapa vs basappa (1984) 1 klj 204.m/s bajrang lal laxmi narain dadli regd. partnership firm, deedwana vs jeetmal 2000 (2) .....
Tag this Judgment!Court : Delhi
..... pharmaceutical co. 572 f. supp. 255 (e.d.n.y. 1983), even experimentation, research and development in the patented product was prohibited as the same would have eventually led to commercial exploitation; ii) the hatch waxman act, 1984 amended the patents act of usa to undo roche products, inc. vs. bolar pharmaceutical co. supra; iii) that was the origin of ..... exclusivity/monopoly; v) reliance was placed on the minutes of the joint parliamentary committee constituted to amend the patents act of india; vi) section 107a came into existence in the patents act for the first time in the year 2002 and it was amended in the year 2003; the word export / exporting was consciously not added thereto; vii) research, development ..... with an evil eye and unequal hand . in the context of challenge to the vires of a statute, in sushil kumar sharma vs. union of india (2005) 6 scc281 it was held to be well settled that a mere possibility of abuse of a provision of law does not per se invalidate a legislation .....
Tag this Judgment!Court : Delhi
..... pharmaceutical co. 572 f. supp. 255 (e.d.n.y. 1983), even experimentation, research and development in the patented product was prohibited as the same would have eventually led to commercial exploitation; ii) the hatch waxman act, 1984 amended the patents act of usa to undo roche products, inc. vs. bolar pharmaceutical co. supra; iii) that was the origin of ..... exclusivity/monopoly; v) reliance was placed on the minutes of the joint parliamentary committee constituted to amend the patents act of india; vi) section 107a came into existence in the patents act for the first time in the year 2002 and it was amended in the year 2003; the word export / exporting was consciously not added thereto; vii) research, development ..... with an evil eye and unequal hand . in the context of challenge to the vires of a statute, in sushil kumar sharma vs. union of india (2005) 6 scc281 it was held to be well settled that a mere possibility of abuse of a provision of law does not per se invalidate a legislation .....
Tag this Judgment!Court : Delhi
..... so requested, the controller may either reject the representation or require the complete specification and other documents to be amended to his satisfaction before the patent is granted or refuse to grant a patent on the application, by passing a speaking order to simultaneously decide on the application and the representation ordinarily within ..... documents or material which are otherwise available in the public domain. the reliance placed by the petitioner on section 79 of the patents act is misplaced. section 79 of the patents act mandates that evidence before a controller can be submitted by way of an affidavit but the controller also has the right to ..... 13.05.2009, the petitioner filed a request for examination. the controller issued the first examination report (fer) under section 14 of the indian patents act, 1970 (hereafter the patents act ) on 24.05.2013.8. the petitioner responded to the fer further restricting its claims to only fifteen claims. these were further restricted to .....
Tag this Judgment!Court : Delhi
..... based on evidence led by the parties, and therefore, would also have to be characterized as perverse.43. 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 ..... case of no evidence or rendering of an award by ignoring vital evidence would continue to fall within the ambit of the expression patent illegality ever after the enactment of the 2015 amendment act.17. therefore, as indicated above, while dealing with this issue, unless i conclude that the learned arbitrator ignored vital and relevant ..... 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 .....
Tag this Judgment!Court : Delhi
..... revocation and declaration of non-infringement are for. similarly, in the australian decision of pharmacia italia s.p.a v. interpharma pty ltd, [2005]. fca1675 the court noted the fact that interpharma had acted in full knowledge of pharmacia s patent and the possible consequences flowing from that. this consideration that the patentee is already in the market and has been operating the ..... same or substantially the same invention as in india in any foreign country or countries, the objections, if any, raised by the patent offices of such countries on the ground of novelty or unpatentability or otherwise and the amendments directed to be made or actually made to the specification or claims in the foreign country or countries. apart from the two decisions .....
Tag this Judgment!Court : Delhi
..... .17. it is in exercise of powers under the indian high courts act, 1861, that the letters patent of 1862 was issued establishing the high courts in the three presidency towns of calcutta, bombay and madras. in 1865, the indian high courts act was amended so as to authorize the governor general in council to alter the local ..... in punishing for contempt of courts. the contempt of courts act, 1926, gave statutory powers to the high courts of judicature established by letters patent to punish for the contempt of court of the courts subordinate to them. the contempt of courts act, 1926, was subsequently amended in 1937 to make it clear that the limits of punishment ..... provided in the act related not only to contempt of subordinate courts but also .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi1; ILR1977Delhi412; 1977RLR440
..... of his invention even if it means creating a monopoly. nearer home, the patents and designs act was first passed in 1911. in 1970 this act was amended so as to apply only to designs and act 39 of 1970 was passed by the parliament confined exclusively to patents. inasmuch as the patent claimed by the plaintiff was granted in 1967, we are really concerned with the ..... must first be noticed. (28) section 20 of the act of 1911 laid down that there will be a register of patents maintained in the patent office wherein shall be entered the names and addresses of grantees of patents, notifications of assignments and of transmissions of patents, of licenses under patents and of amendments, extensions and revocations of patents and such other matters affecting the validity or proprietorship .....
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