Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 36 amendment of section 48 Court: orissa Page 3 of about 534 results (0.402 seconds)

The Management of Town Bidi Factory Vs. Presiding Officer, Labour Cour ...

Court : Orissa

Reported in : 69(1990)CLT132; (1990)IILLJ55Ori

..... thereafter the impugned award was passed.6. explanation has been added to the original order 17, rule 2, c.p.c. by the amending act in 1976. the explanation which has been added by way of amendment is as follows:'where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails ..... matter in accordance with order 17, rule 2 in any one of the modes prescribed under order 9, civil, p.c. it is therefore, clear that after this amendment in order 17 rules 2 and 3, civil p.c. there remains no doubt and therefore there is no possibility of any controversy...'there is no dispute that the provisions ..... of the employees for a reasonable cause. the learned labour court has not taken into consideration the provisions of bidi and cigar workers (conditions of employment) act, 1966 and therefore the award is patently illegal and cannot be sustained.4. the advocate for the opp. parties on the other hand submits that the award of the learned labour court is .....

State of Orissa Vs. Jagannath Boral and anr.

Court : Orissa

Reported in : 1962CriLJ179

..... order of acquittal the government has filed the present appeal.3. this controversy arose on account of the new section 479-a, cri.p.c. added by the amending act no. 26 of 1955. it is necessary to quote the relevant provisions of the section to appreciate the arguments advanced in this case:479a(1) notwithstanding anything contained ..... a case reported in : air1958all364 jai bir singh v. malkhan singh, it was laid down to the effect that after the introduction of section 479a by the amending act 26 of 1955 all cases of witnesses giving or fabricating false evidence in a proceeding pending in a court are governed by that section and to that extent section ..... bombay v. premdas, where his lordship was of the view that section 479a applies only to certain cases of false evidence namely, serious, flagrant and patent cases of perjury where the judge acts under section 479a(1) and that section 476 applies to all other cases of false evidence where the judge has not recorded a finding under section .....

Mahammed Saud and anr. Vs. Dr.(Maj) Shaikh Mahafooz and ors.

Court : Orissa

..... and for the discussions made above, we have arrived at the following conclusions :(1) after introduction of section 100-a in the code of civil procedure by 2002 amendment act, no letters patent appeal is maintainable against a judgment/order/decree passed by a learned single judge of a high court. (2) the decision of a division bench of this court ..... cannot be maintained. the learned counsel for the appellants made a reference to section 100-a of the code of civil procedure and also clause 10 of the letters patent appeal to substantiate his submission that the appeal is maintainable. the submissions made by the learned counsel shri sarangi in this regard were also argued by him before ..... .a.o.no.386 of 2007 had been filed before this court challenging the order dated 9.9.2005 passed by the learned ad hoc additional district judge, f.t.c.no.3, bhubaneswar in interim application no.12 of 2005 arising out of c.s.no.492 of 2004 rejecting the application filed by the present respondents for .....

Ghasi Patra Vs. Brahma Thati

Court : Orissa

Reported in : AIR1962Ori35

..... proceedings connected by an intrinsic unity..... the date of presentation of second appeal to the high court is not the date which determines the applicability of the amended clause of the letters patent and as the matter now stands, the date of institution of the suit in each case is the determining factor'.in the present case, there is ..... thakur-das, 50 ind cas 781: (air 1919 nag 141) where it has been observed,'the expression 'admitted in evidence' in section 36 of the stamp act means the act of letting the document in as part of the evidence as a result of judicial determination of the question whether it can be admitted in evidence or not. in ..... was proved in the case, no interest should have been allowed fromthe date of the execution till the date of the suit. section 80 of the negotiable instruments act provides that when no rate of interest is specified in the instrument, interest on the amount due thereon shall, notwithstanding any agreement relating to interest between any parties .....

Kashi Biswanath Dev Vs. Paramananda Routrai and ors.

Court : Orissa

Reported in : AIR1985Ori260; 1985(I)OLR256

..... to make a counter-claim against the plaintiff which shall be treated as a cross suit, rule 6-a was inserted in order 8 by the c.p.c. (amendment) act no. 104 of 1976. one of the essential features of rule 6-a is that the counter-claim shall be preferred by the defendant before he has delivered his ..... statements. 6. in the written statements defendant 1 has categorically pleaded that the suit lands have been in its possession ever since 1940 through marfatdars. by the proposed amendment it is intended to take an alternative plea of adverse possession in case the deeds of title are found to be defective. while considering this point the learned munsif ..... the plaint. delay by itself is also not a sufficient ground to disallow amendment of pleadings (54 cut lj 375 : (air 1983 ori 77), bhaskar chandra behera v. ranital rice mill co. considered in the light of the aforesaid proposition, it is patent that defendant 1 who has taken the specific plea of possession of the suit land through marfatdars .....

Chakradhar Paital (Dead) L.Rs. and Others Vs. Gelhi Bewa (Dead) L.Rs. ...

Court : Orissa

..... provides by way of repeal and saving. in the case of kamla devi (supra) it was held that a letters patent appeal which was filed prior to coming into force of the c.p.c. amendment act of 2002 that inserted section 100-a prohibiting such appeal would be maintainable as section 100-a has no retrospective application. 9. this execution case ..... a suit filed in the year 1998 where the applicability of the proviso appended to order 6, rule 17, c.p.c., by the c.p.c. amendment act,2002 which debars amendment of pleadings after commencement of trial of the suit unless the party is able to satisfy the court that in spite of due diligence he could not have pleaded ..... have application to the present case then the decision in fakira pradhan (supra) will have no application. learned counsel for the petitioners has submitted that the c.p.c. amendment act of 2002 will not apply to the present execution case in which the decree passed in the year 1995 is being sought to be executed. in this context, he has .....

Birat Chandra Dagra Vs. Taurian Exim Pvt. Ltd. and anr.

Court : Orissa

Reported in : 2006(II)OLR344

..... ltd. and ors. : air2004sc5152 . according to mr. indrajit mohanty, learned counsel for the respondent after amendment of section 100-a, c.p.c. by act 22 of 2002 with effect from 01.07.2002, jurisdiction conferred under clause 10 of the letters patent applicable to orissa high court is no more invokable in ah appeal of the present nature and that ..... issue is decided accordingly to admit the appeal.since the respondents have already entered appearance, the l.p.a. be listed accordingly.misc. case no. 36 of 200520.04.2005-heard.this application has been filed to temporarily dispense with filing of certified copy of annexure-7, i.e., the copy of the order-sheets in interim application no. ..... of that undertaking, we dispense with filing of the certified copy at this stage.the misc. case is disposed of accordingly.misc. case no. 35 of 200520.04.2005-this application under chapter-vi, rule 27-a of orissa high court rules has been filed to stay operation of the order of the trial court impugned in f.a .....

Lajkura Open Cast Project Vs. Regional Transport Officer

Court : Orissa

Reported in : 2(1996)ACC566

..... decision in bolani ores case (supra) that the apex court observed from a comparison of the two definitions of motor vehicles before and after amendment by act 100 of 1986 in section 2(18) of the motor vehicles act, 1939 that the vehicles which have been taken out of the category of a 'motor vehicle' are different in these two definitions. before the ..... decisions of the hon'ble supreme court mainly dealt with taxability of dumpers, rockers and tractors and the scope of registration was neither gone into and in particular after the amendment of law as regards registration there is no bar and/or impediment for the high court to consider the merit of the writ petition in o.j.c. no. 1398 ..... limited scope of review we may hold that the order dated 2.8.1993 passed in o.j.c. no. 1398 (sic) of 1993 suffers from any infirmity and/or patent error on the face of the record. if the order/judgment is otherwise bad in law, that does not itself enable a party to pray for review. it is admitted .....

Jitendra Kishore Baghasingh and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR2008Ori56; 105(2008)CLT330

..... entitled to grant-in-aid unless and until his case is duly considered under the provisions of the grant-in-aid order read with section 7(c) of the amendment act. it would therefore be necessary for the state government to examine each and every case in accordance with prescribed procedure for such grant-in-aid. the slp is ..... sense that they can reasonably bear more than one meaning, that is to say, if the words are semantically ambiguous, or if a provision, if read literally, is patently incompatible with the other provisions of that instrument, the court would be justified in construing the words in a manner which will make the particular provision purposeful. that, in ..... of the g.i.a. ultravaries the constitution and also to issue a writ of mandamus to release grant-in-aid in their favour.w.p.(c) no. 2385 of 2005:managing committee of lachhman high school, barada in the district of dhenkanal have filed this writ petition, inter alia, praying to quash the notification - annexures 10 and 15, .....

Dhirendra Pandua Vs. the Election Tribunal-cum-district Judge and ors.

Court : Orissa

Reported in : 101(2006)CLT264

..... and 227 of the constitution.(2) interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court.(3) certiorari, ..... drawn process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent.(7) the power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial ..... and election for chairman took place on 30.9.2003, which indicate that the petitioner was still suffering from leprosy.therefore, we do not find any patent error on the face of records to interfere in the order of the tribunal exercising supervisory jurisdiction and dismiss the writ application being devoid of merit. parties .....