Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 36 amendment of section 48 Page 14 of about 49,434 results (0.659 seconds)

The State of Maharashtra Vs. Glaxo Laboratories (India) Pvt. Ltd.

Court : Mumbai

Reported in : (1980)82BOMLR46

..... . however, it is important for the purposes of this appeal to see the amendment made in the said schedule to the act by amending act 20 of 1962 with effect from april 23, 1962. by that amending act explanation 1 was substituted by a wholly different explanation. the new explanation provides as follows:'patent or proprietary medicines' means any medicinal preparation which bears either on itself or ..... only with items nos. 4 and 5 thereof which were for the first time enacted by the said amending act, the said items nos. 4 and 5 -provide as follows:------------------------------------------------------------------------------------item no. description of dutiable goods rate of duty------------------------------------------------------------------------------------4 medicinal preparations, being patent or proprietary ten per cent. medicines, not containing alcohol, but containing opium, ad valorem. indian hemp, or other narcotic .....

Ganesh Singh and anr. Vs. Bishram Singh and ors.

Court : Jharkhand

Reported in : [2003(3)JCR527(Jhr)]

..... 100a was inserted in the code of civil procedure by section 38 of the code of civil procedure amendment act, act 104 of 1976. the said section as inserted then read as follows : 'no further appeal in certain cases.--notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any appeal ..... second appellate decree and took the view that there was nothing in the amending act, which destroyed the right that a suitor had of appealing against the decision of a single judge, either under clause 10 of the letters patent or under the relevant provision of the concerned high court act. the decision of the andhra pradesh high court on that aspect was not .....

Pratap Pharma (Pvt.) Ltd. and Another Etc. Etc. Vs. Union of India and ...

Court : Supreme Court of India

Reported in : AIR1997SC2648; 1997(2)BLJR1076; JT1997(4)SC623; 1997(3)SCALE570; (1997)5SCC87; [1997]3SCR492; 1997(1)LC737(SC)

..... formulae described in, the authoritative books of ayurvedic (including siddha) and unani (tibb) systems of medicine, specified in the first schedule.5. under the amendment act 68 of 1983 section 3(h) has been amended, and reads as under:patent or proprietary medicine' means-(i) in relation to ayurvedic siddha or unani tibb systems of medicine all formulations containing only such ingredients mentioned in ..... appearing for the petitioners, seek to support their grievance, but we are unable to agree with the learned counsel. it is seen that patent and proprietary medicine was defined in the pre-amendment act under section 3(h) thus:'patent or proprietary medicine' means a drug which is a remedy for prescription presented in a form ready for internal or external administration of human .....

Navjagrut Labour Union and anr. Vs. Ahmedabad Electricity Co. Ltd. and ...

Court : Gujarat

Reported in : [2007(115)FLR600]; (2008)IILLJ175Guj

..... he has, therefore, submitted that neither on facts nor in law, the applicant union is entitled to be joined as a party - respondent in the pending letters patent appeal. he has, therefore, submitted that the application must be rejected with cost.30. after having heard learned advocates appearing for the respective parties and after having ..... period from october 1, 1992 till march 31, 2009. it has also been specifically stipulated in the said settlement that the pending matters including the present letters patent appeal have been mutually agreed to be discussed between the parties for expeditious resolution. the opponent no. 1 company and the opponent no. 2 have settled ..... 2005, granting exemption to the opponent no. 1 company from the provisions of the bir act, with a rider that provisions of section 7 of the bombay general clauses act, 1904 shall apply to such cessor as if the said bir act had been repealed in relation to the opponent no. 1 company, whether, by virtue of this amendment .....

Asra Shakeel Vs. Shakeel Suleman

Court : Mumbai

Reported in : 2000(1)BomCR198

..... co-joint reading therefore of section 3 of the guardians act and clause 17 of the letters patent of this court would make it clear that whatever powers were vested in the high court before the amended letters patent would be vested in the high court in terms of the present letters patent. it will therefore be important to consider as in ..... what manner this will have effect on section 9 of the guardians act which contemplates that for the court to have a jurisdiction ..... or person in [any state to which this act extends]: and nothing in this act shall be construed to effect or in any way derogate from, the jurisdiction or authority of any court of wards, or to take away any power possessed by [any high court].'clause 17 of the amended letters patent of this court reads as under :- 'and .....

Hiralal Bablisa Shroff Vs. Ramdas Purshottamdas

Court : Mumbai

Reported in : AIR1961Bom284; (1961)63BOMLR169

..... justice kania, as he then was, that where a suit for money instituted, with leave of the court obtained under clause 12 of the letters patent, by several, persons acting as partners, is by amendment of the plaint, converted into a suit by only one of them, such suit alters the cause of action, and therefore does not lie in the ..... court when granting the original leave. as was observed by mr. justice telang in the aforesaid case,'the grant of leave under clause xii of the letters patent, is a judicial act, which must be held to relate only to the cause of action disclosed in the plaint as presented to the court at the time of the grant'. ..... already indicated, though it has been laid down under clause 12 of the letters patent, would apply also to leave granted by the court of small causes under section 18 of the act.6. the next question for consideration in the present revision is whether the amendment sought introduces a substantially different cause of action. it is contended by mr. pandya .....

Bishwanath Prasad Radhey Shyam Vs. Hindustan Metal Industries

Court : Supreme Court of India

Reported in : AIR1982SC1444; (1979)2SCC511; [1979]2SCR757

..... : air1969bom255 .with the aforesaid prefatory survey, we now turn to the 1911 act. the act provides various checks to prevent an invalid patent being granted which does not involve any inventive step or a manner of new manufacture or improvement. the procedure for obtaining an exclusive privilege under this act (before the amending act 39 of 1970), may be described as below:the true and first ..... inventor or his legal representative or assignee submits an application in the prescribed form and manner to the patent office. the application must contain a declaration to the effect that the application is .....

Parikh Amratlal Ramanlal and ors. Vs. Rami Mafatlal Girdharlal and ors ...

Court : Gujarat

Reported in : (1982)2GLR337

..... 0. 3 rule 2ia) is not in any way inconsistent with the provisions of the amendment act of 1976. it must, therefore, be held that the learned member of the tribunal committed a patent error of law when he took the view that the amendment effected by the gujarat high court 1961 in 0.3 r.2(a) has stood repealed ..... of the code of civil procedure as amended by the act of 1976, the said amendment made by the gujarat high court stands repealed on the commencement of the said amendment act, in view of section 97(1) of the code of civil procedure (amendment) act, 1976. it was contended that the aforesaid reasoning of the tribunal is patently erroneous.5. the contentions raised by mr ..... by section 97 of the code of civil procedure (amendment) act, 1976. hence the second ground on which the learned member of .....

NavIn Makhija and Others Vs. Tulsi Bhimjiyani and Another

Court : Mumbai

..... land. the petitioners have claimed specific performance of the agreement which is admittedly executed at mumbai. petitioners have obtained leave under clause 12 of the letters patent. this court, therefore, has territorial jurisdiction to entertain, try and dispose of this petition. (b) from the averments made in the statement of claim ..... original court lacked jurisdiction to do so, and the plaintiff well knew his limitations and, therefore, sought appropriate relief under clause 12 of the letters patent as also order 2 rule 2 so that appropriate action could be taken by him, if necessary, in further proceedings. in this view of the ..... arbitration and conciliation act, 1996. 2. admittedly, the arbitral tribunal has been already constituted in the above matter. the petitioners have made statement before the arbitral tribunal that this application would be withdrawn. the petitioners have taken out chamber summons in this proceedings (1215 of 2012) for seeking certain amendments. the learned .....

Print Pak Machinery Ltd. Vs. Jay Kay Papers Conveters

Court : Delhi

Reported in : AIR1979Delhi217; 1979RLR418

..... the event of any inconsistency between the civil procedure code and the original side rules of this court, the rules will prevail and oot the code and the amending act of 1976 has made no difference in this respect in relation to chapter xv of the original side rules dealing with summary suits. (19) the ..... (18) that they are beyond the purview of the code. that sub-section defines 'rules' to mean those 'contained in the first schedule or made under section 122 or section 125'. significantly, any reference to section 129 is omitted. thus, there is no question of the original side rules being repealed. (15) section 97 of the amending act ..... of this act shall, except in so far as such amendment or provision is consistent with the provisions of the principal act as amended by this act, stand repealed.'theoriginal side rules were not an 'amendment made' or a provision inserted in the code. they always existed as a separate body of rules. it is patent from section 2 .....