Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 4 omission of section 5 Court: kerala Page 4 of about 3,712 results (1.219 seconds)

Nanikutty Amma Devaki Amma and ors. Vs. Krishnan Kochunarayanan Nair a ...

Court : Kerala

Reported in : AIR1978Ker3

..... are the revision petitioners. the suit was filed in 1969. pending suit some of the plaint schedule properties were acquired under the land acquisition act for some public purpose. thereafter the plaint was amended so as to include a prayer for declaration of the plaintiffs' right to a share in the compensation amount. some of the defendants had ..... as required under section 10(2). 3. the learned counsel next submitted that even after the order for return is passed, the court can consider an application for amendment and in support of this position he relied on the decisions of the madras high court in ponnapundan v. authimoola ponnapundan ((1910) ilr 33 mad 262), ramachandrayya v ..... in the jurisdiction of the district munsiff. the district munsiff thereupon re-admitted the plaint and the question for decision was whether this was right. in the letters patent appeal the court held that he has the power. this is followed in the other cases referred to. but there is a line of cases which takes .....

Linda John Abraham Vs. Business India Group Company and Others

Court : Kerala

..... complaint, no conviction can be had against the 4th accused in view of the conspicuous absence of the pleadings required under sec.141 of the act, 4th respondent contends. if the present amendment is allowed, serious prejudice would be caused to the 4th accused. even under the provisions of the cpc if there is an admission, it ..... to fasten the criminal liability on the 4th accused also. therefore, even though the court may have inherent power to rectify certain patent clerical mistakes, it cannot be said that the complaint can be amended incorporating new pleas. 5. sainulabdeen v. beena reported in 2004(1) klt 859 has also been cited by the learned counsel ..... that case that the proceedings under that act are of quasi civil in nature and in such proceedings the court would have power to allow amendment of the application and the written statement. the decision of the karnataka high court in v. satyanarayana v. m/s. sandeep enterprises reported in 2005 criminal law journal has also been relied .....

City Corporation of Trivandrum Vs. K.J. Mathew

Court : Kerala

Reported in : AIR1968Ker139; 1968CriLJ627

..... antecedents of the offender and classifying them as first offender, second offender, third offender and further repeaters. this individualisation has totally been done away with in the amended act and from that it could legitimately be inferred that the intention of the legislature was, firstly to make the punishment more deterrent; and secondly to impose it ..... uniformly without any reference whatever to the status or quality of the offender the old act reveals also another feature which has not been adhered to in the amended act, and that is that even in the case of repeaters the minimum is prescribed only in the proviso. in the substantive ..... than one thousand rupees or a sentence of both imprisonment of less than six months and fine of less than one thousand rupees'the enacting clause, as is patent, has made the punishment conjunctive; that is to say, that the punishment shall always take the form of imprisonment with a fine super-added. that this .....

Pathummakutty and Etc. Vs. thekkechalil Kathiyumma and anr. Etc.

Court : Kerala

Reported in : AIR1990Ker286

..... pre-emption under section 15(2) of the punjab pre-emption act, 1913 as amended by the punjab pre-emption amendment act, 1960. she filed an appeal under clause 10 of the letters patent of the high court. she relied on the amendment made by the pre-emption act, 1964. by such amendment the son or daughter of the husband of the female was ..... the right of the appellant therein, the supreme court said : 'it appears to us that the amendment act of 1964 was merely of a clarificatory or declaratory nature. even in the absence of the words which were inserted by the amendment act of 1964 in section 15(2)(b) the only possible interpretation and meaning of the words 'in the ..... under paragraph first of clause (b) of sub-section (2) of section 15 even before amendment made in 1964. at any rate, whatever doubts existed they were removed by the amendment act of 1964 which must be given retrospective operation'.9. the amendment to order 21, rule 92(2) can only be considered as declaratory and hence the same .....

Project and Equipment Corporation of India Ltd. Vs. Aluminium Industri ...

Court : Kerala

Reported in : [2003]115CompCas522(Ker)

..... to the scheme of the law and frustrate the very object and purpose of section 22(1) of the act.6. however, the legislature found the provisions of the act to be inadequate and therefore amended the same by the amendment act, 1993 extending the bar to the following categories of cases with effect from february 1, 1994, (vide ..... in the counter affidavit. a learned single judge on a consideration of the rival contentions and on an interpretation of section 22(1) of the act as amended by act 12 of 1994 allowed the original petition granting injunction restraining the appellant/corporation and the second respondent bank from invoking and making payment under the bank guarantee ..... as it was when lord coke reported heycton's case.' the rule was reaffirmed by earl of halsbury in eastman photographic materials company ltd. v. comptroller general of patents, designs and trade marks [1898] ac 571 in the following words : 'my lords, it appears to me that to construe the statute now in question, it .....

Asstt. Cit Vs. C.N. Ananthram

Court : Kerala

Reported in : [2004]135TAXMAN477(Ker)

..... to the materials on record which were not considered or misread which led to passing of a patently wrong order under section 254(1) of the act. there is no application of mind by the tribunal on this aspect of the matter. amendment of an order does not mean wiping out the order earlier passed and substitution by a new ..... first and second floors were constructed. consequently, dismissed the appeal as one devoid of merits. the assessee filed an application for rectification and for amendment of the order under section 254(2) of the act. the said application was treated as a miscellaneous petition which was numbered as misc. petition no. 88/bang./99. the tribunal accepted the said ..... in section 254(2) makes it abundantly clear that the tribunal is conferred with power to amend the order passed under section 254(1) of the act, if the tribunal is satisfied that the order made under section 254(1) of the act suffers from a mistake apparent from record. it is necessary to point out that the object .....

TolIn Rubbers (P) Ltd. Vs. Assistant Commissioner of Income Tax

Court : Kerala

Reported in : (2003)184CTR(Ker)241; [2003]264ITR439(Ker)

..... alia, that the impugned orders have been passed ingross violation of the principles of natural justice. it is also contended that inview of the amendment introduced to section 251(1)(a) by the finance act, 2001,w.e.f. 1st june, 2001, the cit(a) does not have any power to remand the caseto the ao. therefore ..... without any justifiable reason as this court has to be consistent and has to admit all similar original petitions.10. the hierarchy of authorities provided under the it act will give effective remedy to the petitioner. the powers of the appellate authority are coterminous with that of the original authority. so, the contention of the ..... has no other effective alternative remedy against the impugned assessment particularly since the assessment is violative of the principles of natural justice and the provisions of the it act and is without jurisdiction. the petitioner is hence constrained, to approach this hon'ble court under article 226 of the constitution of india and is entitled to .....

State of Kerala and anr. Vs. I.T.C. Limited and ors.

Court : Kerala

Reported in : [2002]127STC409(Ker)

..... we, therefore, agree with the view taken by the learned single judge that the impugned provisions under section 4a of the kerala tax on luxuries act, 1976 and schedule thereto as amended by the kerala finance bill, 1994 are unconstitutional being violative of article 401 of the constitution even though the contention against the legislative competence has ..... section 2(ee) for the term 'luxury' was introduced and section 4a was added as an additional charging provision. other consequential amendments were made in the act as well as in the rules. the amended provisions made cigarettes liable to luxury tax at the rate of 5 per cent on the value of the commodity charged, received or ..... compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities. it would be impossible to judge the compensatory nature of a tax by a meticulous test and .....

K.B. Jacob and Sons Vs. the Shipping Corporation of India Ltd.

Court : Kerala

Reported in : I(1990)ACC397

..... started twisting and swinging and due to this jerked twist the wire snapped, and the contents fell into the lighter.in ext. x7, the defendant also made request to amend the form xii accordingly. in view of this letter, the lower court was not justified in pinning down the defendant to the alleged admission in item no. 7 of ..... the safe permissible load of the wire rope and (iii) due to indeterminate causes such as shock loads or jerks coming on the wire rope. he ruled out any patent and visible defect and mentioned that the accident must have occurred due to the second reason.12. on the other hand, learned counsel for the appellant relied on the evidence ..... between the plaintiff and defendant. this, according to learned counsel is an independent contract and has no bearing whatsoever to the damage arising under the carriage of goods by sea act. in the instant case, no loss or damage was caused to any property of the ship. with regard to cargo, it was specifically provided in ext. a30 that .....

Dm Education and Research Foundation and Another. Union of India throu ...

Court : Kerala

..... 69/2014." in reference to the schedule which is part of the 1999 regulations and in which context the apex court in mridual dhar (5) v. union of india ([2005] 2 scc 65) has directed that time schedule provided in the regulations has to be strictly adhered to by all concerned. the apex court in paragraph 16 has noticed ..... otherwise while the inspections were carried out contrary to the guidelines framed by the mci for carrying out the inspection. with regard to the surprise inspection conducted on 06.02.2005 as mentioned above, the inspecting team sent e-mail at 2.17 p.m. and they entered into the college at 3.00 p.m. all the faculty ..... institute of medial sciences, palakkad, kerala under kerala university of health sciences, thrissur u/s10a of the imc act, 1956 for the academic year 2015-2016. it was further decided to apply caluse 8(3)12)(a) of establishment of medical college regulation (amendment) 2010, (part ii), datd 16th april 2010 which read as under:- "8(3)(1).... (a) colleges .....