Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 4 omission of section 5 Court: mumbai Page 13 of about 10,301 results (0.839 seconds)

R.V. BhasIn Vs. State of Maharashtra and Marine Drive Police Station

Court : Mumbai

Reported in : 2010(112)BomLR154

..... of a printing press had published a book entitled 'madhyamic bhoogol' written by one mr. saxena. the state government passed an order under section 2 of the criminal law amendment act, 1961 in respect of the said book and two other books stating that the books question the territorial integrity and frontiers of india in a manner which is likely to ..... up for it. it was argued that the number of the pages and lines of the offending publication supply both the matter and the grounds, the latter being so patent, the omission is inconsequential. the supreme court held that when the section says that you must state the grounds, it is no answer to say that they need not ..... tenable; (xi) the applicant not having raised the plea of limitation in the application, he may not be permitted to raise it at this stage; [narne murthy v. ravula (2005) 6 scc 614 and municipal corporation v. sri niyamatullah : (1969) 2 scc 551] (xii) the validity of section 95 of the code has been upheld by the supreme court .....

The Advocate-general of Bombay Vs. Haji Ismail Hasham

Court : Mumbai

Reported in : (1910)12BOMLR274

..... and not merely a statutory expression of powers which have always existed and been fully recognised. last, reading section 44 of-the amended letters patent with 3.56 (k) of the specific relief act, it is contended that any such power -as the advocate-general now claims is expressly barred by the statute. ingenious though all ..... the engineering department informed the defendant that there was no objection to the proposed extension as shown on the amended plans, provided the work was carried out in accordance with the provisions of the municipal act and building bye-laws. the plans which were then submitted to the municipal authorities give an all round height ..... , and, in the next place, it may be doubted whether any act of the the indian legislature would suffice to create an officer, corresponding in all respects with the english attorney-general, and holding his office under the letters patent. while such considerations have much academic interest, and while i still entertain doubts whether .....

Freeman Vs. Ss. Calanda and Capt. Yanovsky

Court : Mumbai

Reported in : (1922)24BOMLR1167; 76Ind.Cas.433

..... court's charter at any rate in certain particulars. i may refer in particular to sections 106 and 130 of the government of india act 1915, and to clauses 32 and 33 of the amended letters patent of 1865.40. accordingly, i have been referred to some old admiralty rules of this court of 1867, some of which are ..... charter, and that this was the conjoint effect of section 130 of the government of india act 1915; sections 8, 9 and 11 of the indian high courts act 1861; section 18 of the original letters patent of 1862; section 19 of the amended letters patent of 1865; and certain other clauses of the supreme court charter 1823 advocate general of ..... necessary, or desirable for the transaction of the business of civil courts.31. section 129 enables the high courts to make such 'rules not inconsistent with the letters patent establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity .....

Rachel BenjamIn Vs. BenjamIn Solomon Benjamin

Court : Mumbai

Reported in : (1926)28BOMLR328; 94Ind.Cas.59

..... being so in the case of the supreme court, the same rule applied to the high court by virtue of clause 18 of the letters patent of 1862 and clause 19 of the amended letters patent of 1865. whebher that would be so in other matters it is unnecessary to consider. the case of mahomedans and hindus was provided for ..... that after a prolonged delay due to the difficulty of determining whether residence orcouncil should be the test, the legislature selected the former alternative, and enacted the indian divorce act of 1869. i find nothing here which touches the case of persons other thanchristians, or in any way trenches upon the jurisdiction conferred by clause 12.20. but ..... defendant was a parsi. the true effect of that decision is that in the exercise of the matrimonial jurisdiction conferred by clause 35 of the letters patent, or the indian divorce act, 1869, the high court had no jurisdiction to give a decree for restitution of conjugal rights in a case where the plaintiff is a christian and .....

Mumbai Mazdoor Sabha Vs. the Ahmedabad Advance Mills Ltd. and ors.

Court : Mumbai

Reported in : (1995)IIILLJ752Bom; 1986MhLJ687

..... tata textiles had merely been misdescribed. the misdescription was sought to be corrected. the amendment did not result, as the industrial court erroneously found, in the application being directed by reason of the amendment, against a different undertaking. the misdescription was patently the result of inadvertence and no evidence, either oral or by way of affidavit, ..... the ends of justice and was not governed by such narrow or technical limitations. the court always gave leave to amend the pleading of a party, unless satisfied that the party applying was acting mala fide, or that, by his blunder, he had caused injury to his opponent which could not be compensated ..... made an application to the industrial court at bombay under section 11 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (now called 'the act') seeking the grant of recognition in respect of the undertaking of m/s. tata textiles. the application referred to m/s. tata textiles .....

Bachel BenjamIn Vs. BenjamIn Solomon Benjamin

Court : Mumbai

Reported in : AIR1926Bom169

..... being so in the case of the supreme court the same rule applied to the high court by virtue of clause 18 of the letters patent of 1862 and clause 19 of the amended letters patent of 1865. whether that would be so in other matters it is unnecessary to consider. the case of mahomedans and hindus was provided for in ..... the defendant was a parsee. the true effect of that decision is that in the exercise of the matrimonial jurisdiction conferred by clause 35 of the letters patent, or the indian divorce act 1869, the high court had no jurisdiction to give a decree for restitution of conjugal rights in a case where the plaintiff is a christian and ..... by the establishment of a 'bethdin' such as is found in jeruselem and baghdad, and, i believe, in london, or by special legislation similar to the parsi marriage act. the community is enlightened and progressive, and should appreciate the benefit of certainty as to the law and procedure upon these matters which must vitally affect domestic life among .....

Dhondubai Vs. Proprietor, Jankidas Khandsari Sugar Factory, Partners a ...

Court : Mumbai

Reported in : 1991ACJ954; (1991)93BOMLR556; (1993)IIILLJ804Bom; 1991(1)MhLj624

..... the statute book, confers on the commissioner, powers of the civil court for the purposes of taking evidence, enforcing attendance, production of documents and other material objects. by amending act no. v of 1929, it has added as thus:'and the commisssioner shall be deemed to be a civil court, for all the purposes of section 195 and ..... or by necessary implication not taken away the right of appeal, an appeal shall lie from the judgment of a single judge under clause 10 of the letters patent. it follows there from that the remedy of appeal under clause 15 is available unless statute has created an embargo either expressly or by necessary implication. similarly, ..... [1971]1scr783 . it is, therefore, held that the decision of a single judge in appeal is a 'judgment' within the meaning of clause 10 of the letters patent. this authority has placed reliance on a decision of this court in case of smt. raziabi, cited supra.reliance is further placed on a decision in ramchandra goverdhan pandit .....

Bisumal Nagraj Oswal (Jain) Vs. Kunda Ashok Shinde and ors.

Court : Mumbai

Reported in : [2000(86)FLR862]; (2000)IIILLJ1382Bom

..... the accident the applicants were entitled to get the enhanced amount of compensation under the amended provisions of the act. the applications under the workmen's compensation act cannot be equated with the suits for property to apply all such provisions strictly. no one can lose sight of the fact that ..... the amount of compensation from rs. 27,000/- to rs. 75,765/- on the ground that there was an amendment in the workmen's compensation act effective from july 1, 1984. enhancing the amount of compensation under the act. the amount of compensation payable to the applicant was, thus, enhanced by the learned commissioner from rs. 27,000/- ..... prayer was made across the bar on behalf of the applicants on the basis of the amendment which came into force from july 1, 1984 revising the amounts of compensation in the schedules under the act. the relevant dates are not disputed. the amendment was brought into force on july 1, 1984, and therefore, on the date of .....

Abdulgafar A. Nadiadwala Vs. Deputy Commissioner of Income Tax

Court : Mumbai

Reported in : [2001]75ITD394(Mum)

..... fall within the ambit of section 80-o as providing films on beta tapes for telecasting would not fall within the definition of patent, invention, design or registered trade mark. however, before the amendment in 1997, section 80-o provided a deduction in respect of various other items. the assessee would be entitled to deduction if ..... been omitted. the assessment year involved in the present appeal is 1996-97. therefore, we have to deal with the section as it existed before its amendment by the finance act of 1997 (supra).32. a perusal of the section quoted above reveals that for getting a deduction under section 80-o the assessee must have derived ..... india, in computing the total income of the assessee.provided ............'31. this section has been amended by the finance act of 1997 (supra) and with effect from 1-4-1998 the deduction is permissible in respect of the use outside india of any patent, invention, design or registered trade mark only. the words model, secret formula or process .....

Harsukh B. Gohel Vs. Vinod Kumar Bindlish and Others

Court : Mumbai

..... follows:- 4 a. (1) notwithstanding anything contained in section 9 of the bombay city civil court and the bombay court of small causes (enhancement of pecuniary jurisdiction and amendment) act, 1986, all suits and proceedings cognizable by the city court under section 3, and pending in the high court on the date of coming into force of section 4 of ..... this court in prashantvagaskar's case was later followed by atleast three learned single judges of this court in the cases of shrisubhash mataji pulate vs. smt. laxmibai somaji khillare (2005(3) all mr 828) (per b.p. dharmadhikari, j.), m/s. devidayal sales pvt. ltd. vs. the state trading corporation of india and anr. (notice of ..... by the high court for the relief of insolvent debtors, or (c) by the high court under any special law other than the letters patent, or (c-1) by the high court under the parsi marriage and divorce act, 1936; or (c-2) by the high court in respect of intellectual property matters; or (d) by the small cause court .....