Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 4 omission of section 5 Court: kerala Page 7 of about 3,712 results (0.121 seconds)

Krishna Das.C. Vs. The State of Kerala

Court : Kerala

..... follows:"3. the polity assured to the people of india by the constitution is described in the preamble wherein the word "secular" was added by the 42nd amendment. it highlights the fundamental rights guaranteed in art.25 to 28 that the state shall have no religion of its own and all persons shall be equally entitled ..... by a comprehensive enactment to establish a three-tire panchayar raj system in the state in line with the constitution 73rd amendment 1992. in the present case we are concerned with the village panchayat. chapter xv of the act deals with "meetings, powers, functions, duties and property of panchayats". section 166 deals with the powers, duties and ..... fundamental right regarding practice of religion." a division bench of the madras high court in mohamed gani v. the superintendent of police, dindigal district and 4 others (2005 - 3 lw289 had occasion to consider the right to take dead bodies for burial in the graveyard. article 25 was considered where it was held that right to .....

C.R. Raman Vs. Karthikayan

Court : Kerala

Reported in : AIR1984Ker208

..... s case, 1983 ker lt 953, the earlier decision relied on by the learned munsiff in dr. vijayaraghavan's case, ilr (1971) 1 ker 530, was before the amendment of the provisions of c. p. c. in 1976 and is also distinguishable. the learned munsiff has failed to exercise the jurisdiction vested in him under law in failing ..... of a third party in possession is contemplated only after he is dispossessed in execution and applies under rule 100 of order xxi complaining of such dispossession. after the amendment in 1976, a detailed enquiry into the question of title is contemplated under rule 97 which is merely an enabling provision intended for the benefit of the decree- ..... liable to correction by this court in exercise of the jurisdiction vested under article 227 of the constitution of indiaas well. it may also be acting 'in excess of jurisdiction'. per lord denning -- in baldwin & francis v. patents appeal tribunal, (1959) 2 ah er 433 at pp. 447, 448.7. i hereby annul or set aside the order passed by .....

B. Sundaresan Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1995Ker307

..... 1981, the date on which the ordinance was promulgated. subsequently the act was amended twice in 1983 and 1988. the 1983 amendment act is act 5/83. that amending act also was preceded by ordinance 7/83. subsequently in 1988 by amendment act, 5/88, various amendments were made. this 1988 amendment act was also preceded by the kerala raw cashewnuts (marketing, transport ..... in this batch of o.ps. are : (1) whether the state legislature is competent to enact the kerala raw cashewnuts (procurement and distribution) act, 1981, as amended by the amending act of 1983 and 1988? (2) whether this legislation has been enacted in strict conformity with the provisions of the constitution? (3) is the entire ..... the competent authority in the matter of choice of persons and allotment of quotas for purchase of paraffin wax; and, (2) the allotments made are patently arbitrary, in so far as no intelligible or known standards have been adopted in that matter, and so many persons who have not been even purchasing .....

NithIn Norbert and ors. Vs. the University of Kerala and ors.

Court : Kerala

Reported in : AIR2009Ker60; 2008(3)KLJ843

..... .1 the questions involved in this writ petition are: (1) whether the lok ayukta and upa lok ayukta appointed under the kerala lok ayukta act, 1999 have jurisdiction to allow amendment of a complaint or an application; and (2) whether the lok ayukta and the upa lok ayukta have power to invoke rule 8 of order ..... hand came to the conclusion that the process of selection got vitiated on account of alleged irregularity and illegality. in our considered opinion the division bench patently committed an error in relying upon the report of the commission and in recording a finding that irregularities have been committed in the selection notwithstanding the ..... disclose that the university of kerala issued a notification inviting applications for the post of assistant grade ii in march, 2005. nearly 50,000 candidates applied and appeared for the written test conducted in july, 2005. till september 2007, the result were not published by the university, though the valuation conducted by the outside agency .....

Mathai K.V. Vs. State of Co-operative Election Commission and ors.

Court : Kerala

Reported in : 2008(1)KLJ194

..... in gujarat university's case (supra) cited by the 4th respondent which would necessitate interference by this court under article 226 of the constitution of india to correct a patent illegality in the very initiation of the election process itself.17. for the above reasons, i quash exts. p3 and p4. since admittedly ext. r4(a) resolution ..... being in violation of the bye-laws of the society, the petitioner is certainly entitled to invoke the jurisdiction of this court under article 226 for correcting a patent illegality which goes to the root of the election process itself. regarding the earlier election petition he contends that the same was dismissed on certain technical grounds and since ..... stipulates that 2 members are to be nominated by the deputy registrar. of course in view of amendment of the 2nd proviso to section 28(1) by act 19 of 1987 read with section 31(4) of the act it may be presumed that act 19 of 1987 takes away the power of the government to nominate members even if the bye .....

N. Srinivasan Addl. Dist. and Sessions Judge Quilon and anr. Vs. State ...

Court : Kerala

Reported in : (1968)IILLJ233Ker

..... or compulsory retirement.' the passages which i have extracted above are authority for the position that the termination of service occurring as a result of an amendment of service rules reducing the age of superannuation is not liable to the attack that it is violative of article 311(2) of the constitution. the ..... in respect of the subject matter of the statute or in the method of enacting it transgressed the limits of its constitutional powers. such transgression may be patent, manifest or direct, but it may also be disguised, covert and indirect and it is to this latter class of cases that the expression 'colourable legislation ..... ' has been applied in certain judicial pronouncements. the idea conveyed by the expression is that although apparently a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality. it transgressed these powers, the transgression being veiled by what appears on proper examination, .....

Pantheerankavu Service Co-Op.Bank Ltd. and Others Vs. State Of Kerala ...

Court : Kerala

..... the order of the state cannot be interfered. it is further contended that in view of the constitutional amendment made under article 19(1)(c), insertion of article 43b and provision inserted in part ixb by the 97th constitutional amendment act 2011, right of co-operative societies are much extended. this court vide its various judgments has already laid ..... , is necessarily a time consuming process. emergent situations would require speedy action. such situations may be of diverse characters. it will be virtually impossible if a legislative amendment is to be sought for, for tiding over such situations, when public interest would justify a departure fro m the existing provisions. the power to exempt is a ..... 1)(c). it was noticed in paragraph 3 in following words : 3. the main contention of the appellant is that ext. p5 is patently violative of s.7(1)(c) of the act. s.7(1)(c) specifically states that the area of operation of the proposed society and the area of operation of another society of .....

R.K.V. Motors and Timbers Ltd. Vs. Regional Transport Authority, Triva ...

Court : Kerala

Reported in : AIR1960Ker35

..... different, as, on the merits of the case, the order sought to be quashed, was found to be perfectly valid and supportable, by reason of an amendment introduced in the act by the madras state government.6. it remains to dispose of the second preliminary objection, that the petitioner, by its having made the application of the 21st ..... any, the particular temporary need was. i am, therefore, of the view, that this is a case in which the 1st respondent has acted, in patent and total disregard of the provisions of the act and in excess of his powers and therefore the first preliminary objection cannot stand. the case of 1959 ker lt 405: (air 1959 ..... is one of policy, convenience and discretion, rather than a rule of law. their lordships observed:'if an inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all accented .....

Andrew Mendez and ors. Vs. State of Kerala

Court : Kerala

Reported in : 2008CriLJ2368; 2008(1)KarLJ647; 2008(1)KLT1000

..... ', the learned counsel sri. c. dias took me through the object and reasons of the amendment act and also the entire discussions in parliament on the subject of amendment in 2006. significantly the objects and reasons of the amendment act or the parliamentary discussions do not help this court in any manner to understand the purpose or ..... 21 of the constitution.8. petitioners 1 and 2, in these circumstances, encouraged evidently by the decision of justice rebello referred above and the subsequent amendment by act 33/06 filed application before the juvenile justice board, ernakulam for permission to adopt the child whose guardians they were. objections were raised that juvenile ..... civil right to adopt and be adopted can be considered, decided and enforced by the district court or the high court having jurisdiction under its letters patent pending legislation by the legislature on this specific aspect.13. in the absence of any other indications, this court grouping in the dark in its attempt .....

Palasseri Velayudhan and anr. Vs. Palasseri Ithayi and ors.

Court : Kerala

Reported in : AIR1994Ker267

..... maintain a cross objection under rule 22 of order 41 even without the permission of the court. that provision has been made applicable to the appeals filed under letters patent in the decisions aforementioned. the question arises whether the principle enunciated in the above decisions can be applied to the case of cross objection filed in a second appeal ..... v. faqir mohd., air 1978 j & k 92, a full bench of that high court held that order 41 of the code of civil procedure applies to letters patent appeals. since order 41 permits the filing of the cross objections by the respondent there is no warrant for the conclusion that the procedure indicated in the aforesaid order does ..... any of the daughters of deceased velu so as to claim the benefits of section 14(1) of the hindu succession act?10. point no. i : section 100 of the civil procedure code as substituted by c.p.c. amendment of 1976 restricts the scope of second appeals. an appeal shall now lie to the high court from every decree passed .....