Court : Chennai
Decided on : Mar-15-2013
..... article 226 of the constitution of india, seeking for issuance of a writ of declaration, declaring that the amendment introduced to section 126 of the patents act, 1970, by section 67 (a) of the patents (amendment) act, 2005 (act 15 of 2005) as illegal, unconstitutional, ultra vires and void. for petitioner : mr.sp.chockalingam, party-in-person for ..... the constitution of india, seeking an order in the nature of writ of declaration, to declare the amendment introduced to section 126 of the patent act, 1970 by section 67 (a) of the patents (amendment) act, 2005 (act 15 of 2005) as illegal, unconstitutional, ultra vires and void.2. the petitioner, who appeared party-in-person ..... , as unconstitutional. however, the relief sought for in the writ petition is to declare that the amendment introduced to section 126 of the patents act, 1970, by section 67 (a) of the patents (amendment) act, 2005 (act 15 of 2005) as illegal, unconstitutional, ultra vires and void.52. hence, to meet the ends of justice, .....
Tag this Judgment!Court : Chennai
Decided on : Apr-17-2013
..... land and hence it is requested to the information sought is also provide the complete exempted from disclosure u/s information/documents 8(1)(b) of the rti act, 2005. of both the mediation reports. ================================================================= 13.also that, the respondent was informed that with reference to his appeal petition dated 30.06.2011 that he ..... these rules. 42.by virtue of powers conferred under article 37 of the letters patent, and of all other powers conferred hereunto, this court through roc.no.4282-a/2010/f1 in not sro c-18/2010, has brought about the following amendments to rules 3 & 4 of order xii of the rules of the high ..... and experience in that field. this court, while dealing with the cases relating to the powers of the parliament to amend the constitution has observed that every provision of the constitution, can be amended provided in the result, the basic structure of the constitution remains the same. the dignity of the individual secured by the .....
Tag this Judgment!Court : Chennai
Decided on : Apr-30-2013
..... into the trial if the plaint does not disclose a cause of action.121. the contention that an order refusing to reject a plaint is one akin to an order amending the plaint would not be a correct proposition of law.122. the question as to whether the defendant despite such an order refusing to reject a plaint will have a ..... has made reliance upon the following judgments: (i) union of india v. brigadier p.s. gill (2012) 4 supreme court cases 463; (ii) iridium india telecom ltd., v. motorol inc., (2005) 2 supreme court cases 145; (iii) d.gopalan v. raghava naicker and others (1990) 1 law weekly 15; (iv) sreyas sripal and another v. upasana finance ltd., (2007) 4 current ..... the force of law. it is no longer res integra. clause 15 of the letters patent confers a right of appeal on a litigant against any judgment passed under any act unless the same is expressly excluded. clause 15 may be subject to an act but when it is not so subject to the special provision the power and jurisdiction of the high .....
Tag this Judgment!Court : Chennai
Decided on : Jun-26-2013
..... any different arrangement other than those mentioned in the letter of the association, may be covered under any other service classified under section 65 (105) of the finance act as amended.22. therefore, the clarification dated 28.04.2011, made it clear that the exhibitors who do not purchase rights from the producer will not be subjected to service ..... by the new entity would fall within any of the entries for levy of service tax. the revenue rests their case on clause (104c) of section 65 as amended by finance act, 2011, w.e.f., 01.05.2011. the said clause defines support services of business or commerce. the petitioners would state that the said clause commences ..... be struck down. case of petitioners is that the impugned circular seeks to overreach the provisions of the act for the purpose of levy of sales tax on revenue sharing arrangements entered into by the petitioner and is in patent contravention of article 265 of the constitution in terms of which no tax ought to be levied or .....
Tag this Judgment!Court : Chennai
Decided on : Nov-18-2013
..... co-parcenary properties and the plaintiffs are entitled to 1/5th share each in the suit properties. as per the section 6 of the hindu succession act, 1956 as amended by act 39 of 2005, the daughters are also co-parcenars. applying the said provision to the facts of the present case, the plaintiffs are entitled to 3/5th share ..... are only agricultural lands. moreover, the suit was filed by the daughters in the capacity of co-parcenars as per section 6 of the hindu succession act, 1956 as amended by act 39 of 2005. in a suit for partition filed in the capacity of co-parcenary, the plaintiff can always choose the forum where a part of cause of ..... judgment relied upon by the learned counsel appearing for the applicants / defendants cannot be made applicable to the facts of this case. further, under clause 12 of letters patent act, the question of convenience of the parties is not the question to be considered while granting leave. even if a part of cause of action arose within the jurisdiction .....
Tag this Judgment!Court : Chennai
Decided on : Dec-04-2013
..... decision of the supreme court in h.p. state forest co., arose out of an insurance policy issued in 1987/1988, much before section 28 of the contract act was amended. this distinction was not noted by the learned judge of this court in hdfc securities ltd. in any case, what was observed in hdfc securities ltd., is ..... general law. similarly, the french civil code was understood to be a local law of pondicherry. the portuguese civil code was held to be a local law. the letters patent were held to be special or local law {air1962sc247.23. but irrespective of what the expressions ".local law". or ".special law". would mean, there can be no ..... metropolitan magistrate, egmore. it appears that the matter was referred under section 156(3) of the code of criminal procedure.4. the petitioner stopped trading from 8.2.2005. thereafter, the petitioner made a claim with the national stock exchange and invoked the arbitration clause and the matter was referred to the second respondent for arbitration. noting .....
Tag this Judgment!Court : Chennai
Decided on : May-17-2013
..... to provide for the registration of non-government organisations working in the field of organ retrieval, banking and transplantation; (x)amendment to sections 18, 19 and 20 to enhance the penalties provided under the act; and (xi)consequential amendment in section 24 in respect of the rule making power of the central government.". (b)in the decision b.l. ..... to ensure that the human organ does not become an article of commerce. the main thrust of the act is against commercial dealings in human organs. (c)in the decision kuldeep singh and another versus state of t.n.and others.(2005) 11 supreme court cases122at page 128, in paragraphs 15 & 16, it is, among other things, ..... by the hon'ble supreme court in case titled as kuldeep singh v. state of tamil nadu reported as (2005) 11 scc122: (air2005sc2106. the hon'ble supreme court held in this case that the object of the act was to prevent commercial dealings in human organs. the authorization committee is required to satisfy the real purpose of the .....
Tag this Judgment!Court : Chennai
Decided on : Jun-26-2013
..... of leasing and financial services v union of india, contending that hire purchase and leasing is constitutionally characterised as a sale (deemed sale) by the constitution (46th amendment) act, and the said subject matter can be taxed only under entry 54, list ii, and it cannot be taxed under entry 97- list i. reliance was ..... of section 65 (105)(zzzzt). therefore, the respondents may be justified in stating that when temporary transfer of other categories of intellectual property such as designs, patents and trademarks are liable to service tax, there is no justifiable reason to exclude copyright services from such category.99. re.contention aspect principle :- the learned ..... powers to make laws. the service tax is made by parliament under the above residuary powers. 46. in gujarat ambuja cement ltd v. union of india [(2005) 4 scc214, the writ petitioners were customers or clients of goods transport operators and forwarding and clearing agents. one among the contention was that the levy .....
Tag this Judgment!Court : Chennai
Decided on : Sep-25-2013
..... unless, an amendment act is specifically made retrospective, the same cannot be inferred. there are specific averments in the plaint that the ..... this court. we also make it clear that all the facts narrated above shall not impact the merits of the amended application, which is pending before the learned single judge. 5(b).clause 12 of the letters patent act, 1970:- there is no difficulty in appreciating the submissions of the learned counsel appearing for the appellant that when ..... has rightly made reliance upon section 62(2) of the copy right act, 1957. section 15 of the copy right act, 1957, cannot be applied to the case of the plaintiff as the suit was filed claiming right under the copy right act, 1957, much prior to the amendment act, 2012, which came into effect from 21.06.2012. until and .....
Tag this Judgment!Court : Chennai
Decided on : Nov-28-2013
..... which runs as under:- ".earlier madura mills employees co-operative building society limited, a- 2459 is registered as a co-operative societies under the act 1932. by amendment dated 18/2/1997, the name of the above society has been changed as coats viyella employees co-operative housing societies limited without changing the byelaws ..... subject property. furthermore, even a perusal of the impugned order dated 2/12/2012 passed by the first respondent/revenue divisional officer, madurai indicates latently and patently that there are numerous issues which are in dispute concerning the subject matter of the property in question which require an in depth/elaborate examination, in ..... private hospital in w.p.(md) no.1473 of 2012 is not maintainable, he relies on the following decisions (a). hindustan steel works constructions ltd vs. employees union {2005 (6) scc725 (b). u.p. state bridge corporation ltd and otehrs vs. u.p.rajya setu nigam karamchari sangh {2004 (4) scc268 (c). rajasthan state .....
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