Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 24 omission of section 27 Court: orissa Page 2 of about 503 results (0.131 seconds)

Union of India Vs. Steel Authority of India Ltd. and ors.

Court : Orissa

..... words a letters patent appeal would no.be barred. the legislature was aware that it had incorporated the saving clause in section ..... in such appeal. . it is thus to be seen that when the legislature wanted to exclude a letters patent appeal it specifically did so. the words used in section 100-a are no.by way of abundant caution. by the amendment acts of 1976 and 2002 a specific exclusion is provided as the legislature knew that in the absence of such ..... before going into the merits of the case, this court is to decide whether against a judgment passed in appeal under section 23 of the railway claims tribunals act, 1987, the present letters patent appeal is maintainable or not.4. mr. n.k. sahu, learned counsel for the respondent, strenuously urged that intra court appeal by invoking clause-10 of .....

Abdul Hamid Vs. Bora Tataya and ors.

Court : Orissa

Reported in : AIR1951Ori153

..... the incident of transferability conferred by schedule 0 a. this right of transfer was, however, expressly negatived in the case of a service tenureholder as schedule 35 was amended by the same amending act, & the restriction on the right to transfer or bequeath was retained, as before, though the protection against ejectment was conferred by schedule 36 (1) by the use ..... good conscience, that every lease is assignable, will apply. i am, therefore, unable to accede to the argument of mr. mukherji, learned counsel for the resp, that the amendment act x (10) of 1946 is 'ultra vires' the provincial legislature as it affects transfer of non-agricultural lands. learned counsel had ultimately to concede that, having regard to item ..... to be disposed of on the footing that the tenant always had all the incidents of an occupancy raiyat. the anomaly of such a construction would be patent if a case is assumed, where, as in this very case, a transfer had been made prior to the coming into force of the .....

Titaghur Paper Mills Co. Ltd. and anr. Vs. State of Orissa and ors.

Court : Orissa

Reported in : [1990]76STC447(Orissa)

..... as noticed earlier, the petitioners in the writ application have neither clearly pleaded the facts nor specifically indicated the basis for their contentions that the amending act suffers from hostile discrimination or it is violative of the provisions under articles 19 and 301 of the constitution. in the absence of specific allegations ..... filed this application under article 226 of the constitution of india to declare the provisions of the orissa sales tax (amendment and validation) act, 1979 (orissa act 24 of 1979) (hereinafter referred to as the 'amending act') ultra vires the constitution ; to direct by a writ of mandamus the commissioner of sales tax, orissa and his ..... to section 2 of the amending act the central government or a state government or any of their employees acting in their official capacity on behalf of such government have also been brought within the purview, liability and charge of the state sales tax. it is also alleged that patently hostile, irrational and unreasonable .....

Raghu Sutar and ors. Vs. Nrusingha Nath Thakur and ors.

Court : Orissa

Reported in : AIR1959Ori148

..... of the original mortgagor and two transferees. a final decree was passed in due course. on an application for amendment of the decree under section 8 of the u. p. debt redemption act (act xiii of 1940) there was an order for amendment of the final decree by the learned munsif, which, on appeal, was upheld by the district judge. the ..... p. debt redemption act. the amendment of the decree therefore must be deemed for his own benefit alone. all the other judgment-debtors, including the ..... of the said particular transferee adversely. furthermore, answer no. 3 was that the amendment was made at the instance of one of the debtors mahadeo singh alone and the other debtors were not shown to be entitled to the benefits of the debt redemption act and were not made parties to the proceedings under section 8 of the u. .....

Sri Chandrasekhar Mohapatra Vs. State of Orissa

Court : Orissa

Reported in : 92(2001)CLT348

..... vehicles were much harassed. as noted in the f. i. r. the offences involved are under sections 143 and 341 i. p. c. and section 7 of she criminal law amendment act. petitioner is named as a leader in that melee taking active part in commission of the alleged crime.4. certified copy of the order sheet dated 22-1-2001 of .....

Sambhunath Das Vs. Sirish Ch. Mohapatra

Court : Orissa

Reported in : AIR1985Ori215

..... postal servant that the defendant refused to take delivery may be deemed by the court issuing the summons to be prima facie proof of service.'by civil p.c. (amendment act) 1976 (104 of 1976) a new rule '19a' to order 5 was introduced providing for simultaneous issue of summons for service by post in addition to service ..... through process server almost identical to the orissa amendment of rule 10. accordingto sub-rule (2) thereof, when an acknowledgment purporting to be signed by the defendant or his agent is received by the court or ..... but the same was refused. the courts below accepted such service as sufficient. mr. roy urged that the postal cover with the endorsement of the postman which were patently not public documents were not proved and duly admitted into evidence as exhibits. the postman was also not examined as a witness.therefore, the courts below committed a .....

Laxmidhar Roul Vs. Debraj Mohanty and ors.

Court : Orissa

Reported in : 95(2003)CLT566; 2004CriLJ164; 2003(I)OLR461

..... . since then, there were various amendments to that act. the orissa co-operative societies (amendment) act, act 28 of 1991, by sections 19, 27 and 28 thereof, amended sections 28(1), 28(3-b)(1), 33-a and 33-b of the parent act. section 1(2) of the amendment act, act 28 of 1991 provided that the various provisions of the act as amended or the amended sections, would come into effect ..... view of the clear error committed by the court in the judgment originally rendered, it was inexpedient to take proceedings under the contempt of courts act, learned additional government advocate also argued that since the decision was patently erroneous in that it had proceeded on the basis of a non-existent statutory provision, it was just and proper for this court, on .....

Sailendra Barik and ors. Vs. Addl. District Magistrate and ors.

Court : Orissa

Reported in : 1995(I)OLR412

..... hal settlements caste of surendra was described as bhuyan which is undisputedly relatable to scheduled tribe as described in the scheduled tribe order 1950 as amended by modification order, 1956 and scheduled tribe (amendment) act, 1976. fresh order with which we are concerned was passed on 12-7-1985. where again it was held that transaction was void. ..... be drawn from a particular set-up of facts is a matter for a fact finding authority. unless conclusions drawn are based on no evidence or are patently perverse, unreasonable or absurd which no reasonable man can arrive at they should not normally be interfered with by the court while exercising jurisdiction under articles 226 and ..... perverse and are irreversible.6. so far as levy of fine is concerned in absence of any mala fides, it cannot be maintained. though a person may act bona fide the effacts of a statutory bar have to operate and consequences have to follow. while upholding the conclusions that the transaction was void, yet no case .....

Mahanta Sri Pranab Kishore Bharati Goswami and anr. Vs. the Government ...

Court : Orissa

Reported in : 1995(II)OLR118

..... the order or set it aside: provided that appeals from the orders communicated or . published. prior to the date of commencement of the orissa hindu religious: endowment (amendment) act, 1980 shall : lie within a period of three months from the date of communication or, as the case, may be, publication of the order or within a ..... as the order of the endowment commissioner was not in operation on that date. accordingly, the provisions of section 19(5) of the act were applied. the valuation was held to be patently low and the order of the commissioner was characterised as absolutely slipshod, cryptic and based on no reasons.4. according to the petitioners, ..... petitioner no. 1) as mahanta of bharati math, bhubaneswar before the commissioner of endowments, orissa (in short, the 'commissioner') under section 19 (1) of the act with a prayer for permission to sell disputed land comprising 13.54 acres. it was stated that the land was lying fallow without giving much yield and income and was .....

Urlikia Medina Vs. the State

Court : Orissa

Reported in : AIR1964Ori149; 1964CriLJ685

..... prior to the amendment. the imprisonment for life will also mean rigorous imprisonment for life would appear from the use of those expressions by ..... would mean rigorous imprisonment for the same term. it would be pertinentto quote paragraph 8 of the report of the joint select committee on the bill preceding the amendment by central act xxvi of 1955 : 'section 53a, clause 2 : the question of substitution of the words 'imprisonment for life' for the words 'transportation for life' arose ..... in any way affecting the import it carried prior to the amendment, and by virtue of the privy council decision it carried the only meaning of rigorous imprisonment for life. the legislature appears to have thought it unnecessary to clarify the position by the amending act as there was no doubt in the meaning as it stood .....