Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 4 omission of section 5 Court: mumbai Page 8 of about 10,301 results (0.220 seconds)

Nusserwanji Pestonji Wadia Vs. Eleonora Wadia

Court : Mumbai

Reported in : AIR1914Bom211(2); (1913)15BOMLR593; 20Ind.Cas.492

..... in ardaseer cursetjee v. perozeboye (1856) 6 m.i.a. 848 that this jurisdiction could not be exercised over parsis.16. by clause 35 of the amended letters patent of the high court that decision was given effect to by limiting the jurisdiction within the presidency to ' matters matrimonial between our subjects professing the christian religion.'17 ..... resided together in india : see thornton v. thornton i.l.r. (1886) bom. 422; and this would be by virtue of section 10 of the divorce act read with section 2. the argument, however, suggests that in the case of other matrimonial offences the application of the civil procedure code will involve the necessity either of residence ..... incurred and to be incurred. the order was made under the settled practice of this court to follow, in matters relating to costs under the indian divorce act, the practice of the divorce courts in england.31. the petitioner obtained an order for restitution from mr. justice macleod. an appeal was preferred against his .....

Shamsunder Kaka Talkar Since Deceased Through His Legal Heirs Vs. Rent ...

Court : Mumbai

Reported in : 1996(4)BomCR39

..... to end the eviction proceedings themselves. the result has been that the landlord, with a view to take advantage of section 32(4) have been filing eviction proceedings on patently untenable grounds and obtaining possession of the premises only by showing that the tenant has failed to pay the rent under that provision.'in para 7 of the judgment the ..... a reasonable time as afforded by section 22(4) why the same could not be given after proceedings started? in fact another division bench of this court in letters patent appeal no. 36/1986, though posed the very same question, it did not deal with it because the question arising in that case did not call for to do ..... i granted leave to amend the writ petition and the proceedings of the administrative tribunal in review application no. 5/90 also is thus impugned in the writ petition.5. before i deal with the facts of the case it is better to closely examine the relevant provisions of the act, namely, the goa, daman and diu buildings (lease, rent .....

Kishor Chunilal Shah and anr. Vs. State of Maharashtra and anr.

Court : Mumbai

Reported in : 1985(2)BomCR1; 1984MhLJ1031

..... be more rightly ascribed to it than the legislation which may prejudicially affect past rights and transactions. consequently retroactive intention can be attributed to the legislature when the amendment act of 1964 was enacted.'28. the law is well propounded by full bench decision of kerala high court in narayana pattar v. state of kerala a.i.r ..... the supreme court had an occasion to deal with such aspect though it was under punjab pre-emption act. the question arose as to whether the amendment of 1964 was a substantive amendment and in that behalf it was observed as :---'the amending act of 1964 is merely of a clarificatory or declaratory nature. even in the absence of the words which ..... it was very much in existence though in latent form prior to 1978, which was brought on the surface in the patent form after 1978 merely by way of clarification or in the shape of declaratory amendment.19. it is also worth noting that if a prosecution is launched on the basis of police report then one may .....

Quadricon Pvt. Ltd. a Company Incorporated Under the Companies Act, 19 ...

Court : Mumbai

Reported in : 2009(5)BomCR345; 2009(4)BomLR1432

..... observed that suits for which the leave to sue under clause 12 of the letters patent is necessary, the plaint cannot be afterwards amended. the grant of leave is endorsed by a judge accepting it. grant of leave under clause 12 of the letters patent is a judicial act which must be held to relate only to the cause of action contained in ..... in the plaint has been brought about by the respondent-defendants when the defendants, for the first time, raised an objection when he filed notice of motion no. 745 of 2005 which, as stated above, was finally disposed of by the division bench in appeal no. 896 of 2006 with a liberty to the defendants to make an application for ..... 2007 in suit no. 3537 of 2004. suit no. 3537 of 2004 has been filed by the plaintiffappellant. the respondent-defendant took out notice of motion no. 6456 of 2005, raising a preliminary issue of jurisdiction under section 9(a) of the code of civil procedure and for a declaration that this court does not have jurisdiction to try the .....

Hanuman Vyayam Prasarak Mandal a Society Registered Under the Societie ...

Court : Mumbai

..... opened a new or higher course of study or training or has increased the admission capacity on or before the commencement of the indian medicine central council (amendment) act, 2003, such person or the medical college shall, within a period of 3 years from the date of such commencement should seek permission of the ..... to verify the correctness of the figures and authenticity of the records. when the records do not reveal the true picture and there were obvious discrepancies and patent error noticed, then, it is not possible to accept the submissions of shri manohar, that leaving aside the balroga department, the other departments have not ..... hospital shall be more than sixty percent as per the minimum requirement for postgraduate teaching center as per indian medicine central council (postgraduate ayurveda education) regulations, 2005. however, the college is not having even the relaxed norm of 50% ipd bed occupancy in the hospital. during the course of hearing opportunity provided to .....

Jeevan Vikas Kendra Vs. the Government of Maharashtra, Through Office ...

Court : Mumbai

..... (4) has been granted or received by it or otherwise and such medical facilities which are in operation on the date of commencement of the bombay public trusts (amendment) act, 1984 (mah. viii of 1985), shall continue as before if they exceed the percentage of reserved and earmarked category. (4) for the purposes of this section ..... reasonable cost or free to poor persons. the petitioner is a trust registered under the provisions of bombay public truct act 1950 and manages a 62 bed hospital by name sadanand banait hospital . on 14th october 2005, this court constituted an expert committee in w.p.(pil) 3132 of 2004, to give recommendations on all aspects ..... under the provisions of section 41aa of the bombay public trusts act, 1950 (for short ' the said act'). the expert committee submitted its report to this court making .....

Wadala Shri Ram Industrial Premises Co-operative Society Limited Vs. K ...

Court : Mumbai

Reported in : 2001(4)ALLMR26; 2001(4)BomCR365

..... of the co-operative societies on 12th april, 1999 in exercise of powers granted under section 13 of the maharashtra co-operative societies act, 1960 (hereinafter referred to as the 'act'). the said amended bye-law reads as follows :---'any member desiring to let, sub-let or give on caretaker or leave and licence basis his/her ..... aggrieved members of the society, for such jurisdiction exclusively vested in the court while considering disputes under section 91 of the act. in other words, it is submitted that the question of interpretation of amended bye laws or its applicability qua the aggrieved members of the society cannot be a subject matter of an appeal under ..... . accordingly, i have no hesitation in concluding that an appeal against any order passed under section 13 of the act, either registering or refusing to register the amendment, is amenable to appeal under section 152 of the act at the instance of the aggrieved person (s). sub-section (4) of section 152 does not curtail the remedy .....

TeijIn Limited Vs. Union of India Through the Secretary Department of ...

Court : Mumbai

..... and 137 which read as under:- 129. exercise of discretionary power by the controller.- before exercising any discretionary power under the act or these rules which is likely to affect an applicant for a patent or a party to a proceeding adversely, the controller shall give such applicant or party, a hearing, after giving him or them ..... . section 142 reads as under:- 142. fees.- (1) there shall be paid in respect of the grant of patents and applications therefor, and in respect of othermatters in relation to the grant of patents under this act, such fees as may be prescribed by the central government. (2) where a fee is payable in respect of the ..... , ten days notice of such hearing ordinarily.? 137. powers of controller generally.-any document for the amendment of which no special provision is made in the act may be amended and any irregularity .....

Petroleum India International Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)241ITR43(Mum.)

..... subject to the provisions of this section, a deduction of the whole of such income, in computing the total income of the assessee." the finance act, 1974, amended s. 80-o retrospectively w.e.f. 1st april, 1972, to allow deduction only with reference to the income which is received in or brought ..... fees or similar payment received by the assessee from the government of a foreign state or a foreign enterprise in consideration for the use outside india of any patent, invention, model, design, secret formula or process, or similar property right, or information concerning industrial, commercial or scientific knowledge, experience or skill made ..... any similar payment received by the assessee from the government of a foreign state or a foreign enterprise in consideration for the use outside india of any patent, invention, model, design, secret formula or process, or similar property right or information concerning industrial, commercial or scientific knowledge, experience or skill made available .....

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... statement:(1) the government of maharashtra is aware of and sympathetic to the need to rehabilitate bar girls affected by the provisions of the bombay police (amending act) 2005. with a view to ensure their effective rehabilitation and provide them with a dignified alternative vocation, the state government will set up a special dedicated cell ..... magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,-(a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited;(b) all performance ..... is to the constitutional validity of sections 33a and 33b of the bombay police act, as amended by the bombay police (amendment) act, 2005. the bill was passed by the legislative assembly on 21st july, 2005 and by the legislative council on 23rd july, 2005 and has now come into force. the sections under challenge may be gainfully reproduced .....