Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 4 omission of section 5 Court: kerala Page 2 of about 3,712 results (0.149 seconds)

V.N. Narayanan Nair and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1971Ker98

..... this contention: ' (53) the aforesaid discussion leads to the following results: xx xx xx (3) the constitution (first amendment) act, 1951, constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights. but on the basis of earlier decisions of this court, they were ..... it takes away or abridges the rights conferred by part iii of the constitution. (3) the constitution (first amendment) act, 1951, the constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights and are therefore void under article 13(2) of the ..... that decision is that article 31-a (first introduced with retrospective effect by the constitution (first amendment) act, 1951, and subsequently amended with like effect by the fourth and seventeenth amendment acts of 1955 and 1964 respectively) hits been prospectively struck down with the result that statutes made .....

thekkayil Damodaran and ors. Vs. T. Sankaran and ors.

Court : Kerala

Reported in : AIR1985Ker134

..... the judge who passed such judgment certifies that the case is a fit one for appeal.' ignoring the impact of section 100a of the code (introduced by the amending act of 1976) on section 5(iii) above, and keeping in mind that the contention regarding maintainability is founded on the word 'judgment' in section 5(ii), ..... tests for deciding whether an order passed by a single judge of the high court could be treated as 'judgment' within the meaning of clause 15 of the letters patent : -- (i) the decision must affect the merits of the question between the parties; (ii) it should involve the determination of some right or liability; and ..... exercise of the powers and jurisdiction referred to above, apart from special statutes in respect of particular matters are, (i) the travancore-cochin high court act, 1125: (ii) the letters patent relating to the madras high court; (iii) the madras appellate jurisdiction rules; (iv) the madras ordinary original jurisdiction rules. it is highly necessary that .....

Bechu and Company Vs. Asst. Commissioner (Assessment)

Court : Kerala

Reported in : 2003(2)KLT1009

..... tax act, 1959 - tngst (seventh amendment) act - tax on trade mark holder - certain guidelines issued - regarding.the tamil nadu act no. 22 of 2002 introduced a new section 3.j in the tamil nadu general sates tax act, 1959 providing to levy tax on trade mark holder. as per this section, a dealer who is holding a trade mark or patent thereof ..... the trade mark holders or brand name holders. however, they have not registered the trade mark or brand name under the trade and merchandise marks act. they are aggrieved by the above amendments in so far as brand name holders/ trademark holders who effect sale of manufactured goods under a brand name/trade name are treated as a ..... having a nexus with the object sought to be achieved.35. regarding the incidental contention that the scheme of the act is to levy a single point tax on goods specified in schedule c whereas the impugned amendment has the effect of double point levy, high court observed thus:'it would not be correct to say that having .....

P.Mohammed Vs. State of Kerala

Court : Kerala

..... the government of a state this sub-section shall take effect in that state on the expiry of a period of eighty years from the commencement of the pharmacy (amendment) act, 1976. (2) whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with ..... the averments in the complaint would show that both petitioners are guilty of the alleged offence because both of them contravened the provisions of section 42 of the act. the submission made on behalf of the petitioners that the inspection was in a pharmacy exclusively run for the hospital owned by the first crl.m.c. ..... counsel for the petitioner and the learned counsel for the second respondent.3. learned counsel for the petitioner would submit that the penal provision, namely section 42 of the pharmacy act, 1948 is not attracted in this case. for clarity, section 42 is extracted hereunder, which reads as follows :- " 42. dispensing by unregistered persons.- (1) on .....

Aboobacker Babu Haji Vs. Pathummakutty Umma

Court : Kerala

Reported in : AIR2002Ker313

..... order 34 of the cpc introduced by the high court of kerala is inconsistent with the central code and as such stands repealed by section 97(1) of the amendment act. the impugned amendment, reintroduced by the high court, in effect repeals the repeal made by parliament and retains an earlier law. such a course is an affront to parliamentary supremacy which is ..... as to override either the provisions of the c.p. code or the letters patent. similarly it was held in dr. krishna singh v. bachan singh, air 1942 lah. 201, thus: 'it is essential for the validity of every rule framed by high court to ..... court to frame rules is the power the high court to do all things that may be necessary to do, in order to carry out the provisions of the letters patent and the c.p. code. that being the case and it being only a subordinate body in the matter of framing rules, it has no power to frame rules so .....

V. Narayana Reddiar Vs. Rugmini Ammal and ors.

Court : Kerala

Reported in : 2001CriLJ81

..... appellate jurisdiction in respect of a decree or order made in the exercise of original jurisdiction by a subordinate court. section 5 of the kerala high court act before it was amended by act 6 of 1966 is as follows:an appeal shall lie to a bench of two judges from a judgment or order of a single judge in the exercise ..... division bench can revoke sanction given under section 195 of the code of criminal procedure by a learned single judge in exercising the power under clause 15 of the letters patent. there also, the view taken was that no appeal lies to the high court from the decision of a judge of the high court in the exercise of criminal ..... application will be governed by the provisions of the new code. after this, the division bench considered the question whether an appeal would lie under clause 15 of the letters patent. the division bench, relying on the decision of the supreme court in south asia industries v. swarup singh air 1965 sc 1442 held that irrespective of any provision in .....

Planters Forum Vs. State of Kerala

Court : Kerala

..... a basic structure. article 14 of the constitution in the context of right to property is not a basic feature or basic structure. the constitution 66th amendment act, 1990 bringing the amendment act 8 of 1982 under ninth schedule to the constitution does not destroy the basic structure of the constitution.33. it is true as contended by shri ..... 26691 of 2010, etc. -:331. :- m/s.southern field ventures had produced photostat copies of three sale deeds no.732/2005 dt.30.3.2005, 733/2005 dt.30.3.2005 and 734/2000 dated 30.3.2005 registered in the palode sub registry office. the said sale deeds are allegedly executed on behalf of m/s.jay shree tea ..... employees, therefore, moved the high court, and the high court allowed the petition. against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976 the effect of which was to deprive the employees of bonus payable to them in accordance with the terms .....

Amaravila Krishnan Nair Vs. the Election Commissioner of India, New De ...

Court : Kerala

Reported in : AIR1972Ker5

..... therefore, the electoral rolls published on 15-1-1970 and 10-8-1970 were prepared not in accordance with the representation of the people act 1950, and the rules thereunder.the prayer of the petitioner as amended is as follows:'this hon: high court be pleased to issue a writ of mandamus or other appropriate writs, directions or' orders restraining ..... be given a declaration that the rolls have not been prepared in accordance with law. but that is not the true object of the petition. the true object is patently to hold up the election (which has now actually commenced) and whether or not such a declaration will be effective for the purpose, and whether or not it will ..... coin that verb) any more than you may abort or otherwise arrest it for, that would equally hold up the process of democracy. the interference might not be as patent as interference after the writ has issued but it is as effective and, therefore, as much to be deprecated.5. it would appear that before the issue of the .....

State of Kerala, Rep. by the Chief Secre Vs. Hotel Leelaventure Ltd. a ...

Court : Kerala

..... basic structure. the applicability of the basic structure test is no longer restricted to test the validity of constitutional amendments alone, and the test is available even as regards ordinary legislation. since the 2005 act violates the basic structure of the constitution, it must be held to be invalid.15. it has been further ..... court allowed the w.a. no. 250 of 2011 -:53. :- petition. against that, a letters patent appeal was filed and while it was pending, the parliament passed the life insurance corporation (modification of settlement) act, 1976 the effect of which was to deprive the employees of bonus payable to them in accordance with ..... was found untenable, and, in its judgment, this court so pronounced. the apex court after analysing the provisions of the 2006 amendment act came to the definite conclusion that the 2006 amendment act plainly override the decision of the judgment of the supreme high court in mullaperiyar environmental protection forum's case (supra). the following .....

Kerala Electricity Employees Confed. Vs. Union of India

Court : Kerala

..... are not powers but fields of legislation. the legislature derives its power by art. 246 and other related articles of the constitution. therefore, the power to make the amendment act is derived not from the respective entries but under art. 246 of the constitution. the language of the respective entries should be given the widest scope of their meaning, ..... pith and substance of legislation has to be looked into. the doctrine of pith and substance has been laid down in e.v.chinnaiah v. state of a.p [(2005(1) scc394. the following was laid down in paragraphs 29 and 30, which read as under:"9. one of the proven methods of examining the legislative competence of an ..... praying for the following reliefs: w.p(c).32588/08 & 10432 of 2009 6 "i) to declare that sections 7. 8, 9 and 131 of the electricity act, 2003 (central act 36 of 2003) as unconstitutional, void and inoperative. ii) to issue a writ of mandamus forbearing the state of kerala from transferring the rights, liabilities and properties of .....