Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 4 omission of section 5 Court: kerala Page 1 of about 3,712 results (0.102 seconds)

Kesava Pillai Vs. State of Kerala

Court : Kerala

Reported in : AIR2004Ker111; 2004(1)KLT55

..... constitution shall be restored. section 10 of the code of civil procedure (amendment) act, 1999 abolished appeals against judgments of a single judge of the high court in all cases'.13. section 100a begins with the words 'notwithstanding anything contained' in any letters patent for any high court or in any instrument having the force of law ..... section 10 of the 38 of the code of civil procedure (amendment) act, 1999 (46 of 1999), which came into force with effect from 1.7.2002. it reads as follows :-'100a. 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 ..... procedure by section 38 of the code of civil procedure (amendment) act, 1976 (104 of 1976), which came into force with effect from 1.2.1977. the section inserted read as follows:-'100a. no further appeal in certain cases. notwithstanding anything contained in any letters patent for any high court or in any other instrument having .....

Rajalakshmi Associates Vs. Sree Meenakshi Papers

Court : Kerala

Reported in : 2003(2)KLT225

..... 7.2002 are not maintainable and only such letters patent appeals saved are those filed prior to 1.7.2002 whether they have been admitted or not. the decision rendered by the full ..... against the judgment of learned single judge of this court. maintainability of the appeals has been questioned in view of section 100-a introduced by the code of civil procedure (amendment} act 2002 with effect from 1.7.2002. section 100-aof the code of civil procedure is extracted below for easy reference.'100-a. no further appeal in certain cases. ..... clause 15 of the letters patent 1865 was also examined. full bench of the madhya pradesh high court as well as the division bench of andhra pradesh high court have taken the view, after elaborate consideration of the law on the point, that in view of section 100-a of the c.p.c. (amendment) act 2002 appeals filed after 1. .....

John George Vs. Stewards Association in India

Court : Kerala

Reported in : AIR2007Ker57; 2006(4)KLT405

..... . section 100-a mentioned above was substituted by section 10 of the code of civil procedure (amendment) act, 1999, which came into force with effect from 1.7.2002. it reads thus:100-a. no further appeal in certain cases.- notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law or in any ..... in the code of civil procedure by section 38 of the code of civil procedure (amendment) act, 1976 which came into force with effect from 1.2.1977. the same reads as follows:100-a. 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 .....

C.S. Krishna Iyer and ors. Vs. Official Liquidator High Court of Keral ...

Court : Kerala

Reported in : 1986CriLJ1747

..... and concurring with madhavan nair, j. on the question whether an appeal will lie against a decision on an application under section 5(2) of the malabar tenancy amendment act 1956, stated at page 2 :the very fact that two eminent judges trained in the same legal discipline and familiar with the nuances of indian legislation, have come to ..... kumar r. canji v. home insurance co. of new york : [1975]1scr550 has held that an appeal is maintainable under clause 15 of the letters patent against an order amending the pleadings in cases where the order affects the merits of the action between the parties by determining some right or liability. a similar view is expressed in ..... learned judge has referred to an unreported decision of a division bench of the same high court wherein it has been held that clause (15) of the letters patent excludes from its scope an appeal against the judgment passed in exercise of criminal jurisdiction. if an appeal to a division bench from a decision of a single judge .....

M/S. Sharon Insul India Ltd. Vs. Assistant Commissioner (Assessment)

Court : Kerala

..... have proceeded on the basis that the higher rate of tax that was introduced in respect of the commodity would have effect from 1.4.2005 itself. this was patently wrong as a perusal of the amendment act itself would reveal. under these circumstances, i am of the view that the petitioner need not be relegated to a remedy before the ..... , where the rate of tax in respect of any goods has been enhanced as a result of the amendments made under the kerala value added tax (amendment) act, 2005, such enhanced rate of tax shall be applicable from the date of such amendment and where such rate has been reduced, it shall be deemed to have come into force on the ..... of the item "glass wool" under entry 31(11) of the third schedule to the kvat act. it would appear that, by virtue of the kerala value added tax (amendment) act, 2005, which was published in the gazette on 28.8.2005, the third schedule was amended and various entries therein substituted with new entries. in that process, the item dealt with by .....

P.Sundaran Vs. SajinA.P.V,

Court : Kerala

..... of state of mind or capacity to understand one's affairs, or marital obligations, or implications of marital relationship. clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under: "has been incurably of unsound mind for a continuous period of not less than three years immediately preceding ..... 389. a person of unsound mind is either an idiot or lunatic in a more serious stage. clause (ii) of s. 5 of the hindu act has also been substituted by the 1976 amendment act. original clause reads as follows: "neither party is an idiot or lunatic at the time of marriage". term 'unsound mind' is more comprehensive. ..... he has also alleged that the respondent attempted to kill him. it is stated that in such circumstances, when the disease aggravated, she was admitted for treatment in 2005 by pw2 and that after discharge, the appellant and the respondent resided together. it was while so that the second child was born in 2006. again, in mat .....

Lissy Vs. Jaison

Court : Kerala

Reported in : II(2000)DMC59

..... of state of mind or capacity to understand one's affairs, or marital obligations, or implications of marital relationship. clause (iii) has been substituted by marriage laws (amendment) act, 1976 for the original clause (iii) which was as under:'has been incurably of unsound mind for a continuous period of not less man three years immediately preceding ..... . a person of unsound mind is either an idiot or lunatic in a more serious stage. clause (ii) of section 5 of the hindu act has also been substituted by the 1976 amendment act. original clause reads as follows :'neither-party is an idiot or lunatic at the time of marriage.'term 'unsound mind' is more comprehensive. idiocy ..... is whether the person in question is capable of understanding the nature of the contract, its implications and effect. in that background, section 19(3) of the act has been enacted. its effect is because of incapacity to contract on account of idiocy or lunacy at the time of marriage.13. as the respondents remained ex .....

K. Premavalli Vs. State of Kerala

Court : Kerala

Reported in : AIR1998Ker231

..... which enables the state legislature to make law for regulating the practice and procedure of the high court in relation to the administration of justice. by the 42nd constitution amendment act, 1976 the expression 'administration of justice' has been transferred from entry 3 list ii to the concurrent list and inserted as entry iia in list iii of the ..... the supreme court in vanita m. khanolkar v. pragna m. pai, air 1998 sc 424 considered the scope of section 6(3) of the specific relief act vis-a-vis letters of patent. section 6(3) specifically says that no appeal shall lie from any order or decree passed in any suit instituted under that section. in that context, ..... madras high court held that a letters patent appeal is not maintainable mainly on the ground that the decision of the high court in appeal under section 54 of the land acquisition act is not a judgment. that reasoning cannot hold good in view of the amendment of section 26 of the land acquisition act. we are also of the view that .....

Commissioner of Income-tax Vs. Kerala State Coir Corporation Ltd.

Court : Kerala

Reported in : (2001)170CTR(Ker)298; [2001]252ITR503(Ker)

..... order which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if,, as a result of the said fiction, we must read the ..... 50,063 being interest at two per cent, on the tax paid in advance under section 18a(5) of the income-tax act. subsequently, the indian income-tax (amendment) act, 1953, was passed. in this amending act, a proviso to section 18a(5) was added providing that an assessee was entitled to interest not on the whole of the ..... income-tax officer and the commissioner of income-tax. the supreme court found that section 18a(6) had been amended retrospectively by an amendment act of 1953 and the retrospective operation commenced from april 1, 1952. under this amendment, a proviso was added to section 18a(6) providing that in cases falling under the said section and under .....

Commissioner of Income-tax Vs. Kesaria Tea Co. Ltd.

Court : Kerala

Reported in : [1998]233ITR700(Ker)

..... order which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if, as a result of the said fiction, we must read the ..... rs. 50,063 being interest at 2 per cent, on tax paid in advance under section 18a(5) of the indian income-tax act, 1922. section 13 of the indian income-tax (amendment) act, 1953, which was passed subsequently, inserted a proviso to section 18a(5) to the effect that an assessee was entitled to interest not ..... original assessment is patently illegal.11. now, the only question to be considered is as to whether the assessing authority acted with jurisdiction and was justified in invoking the provisions of section 154 of the act for correcting the aforesaid mistake committed by him. section 154 of the income-tax act enables the assessing authority to amend any order .....