Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Court: delhi Page 17 of about 267 results (0.135 seconds)

Microsoft Corporation and anr. Vs. Dhiren Gopal and ors.

Court : Delhi

Reported in : LC2010(1)85

..... of parliament and if this pragmatic and commonsense interpretation is not imparted to the section, the comment of hon'ble minister, mr. murosoli maran that an amendment would be brought in would become imperative. since the cause of action is an integral, inseparable and inevitable part of any litigation, by reading it into ..... more court fee and advocate fee. i consider that the legislature and the authorities, who have to act, should seriously consider of removing this anomalous situation by making appropriate amendment in section 62(2) of the copyright act and other similar statutes and it should be seriously considered why the original jurisdiction should not be only ..... peculiar in delhi where the original jurisdiction of the high court starts from rs. 20 lac onwards and almost every suit for infringement of copyright, trademark, patent and design is valued around rs. 20 lac so as to create the jurisdiction of the high court of delhi while there is no realistic relationship between .....

Kapil Wadhwa and Others Vs. Samsung Electronics Co. Ltd. and Another

Court : Delhi

..... of the publishing industry that scheme of the copyright law was entirely different from the trade marks act, 1999 and the patent act, 1970. the application of the standards and principles of these two laws through the proposed amendment of section 2(m) would completely dismantle the business model currently employed, rendering several industries unviable. ..... condition of the goods is changed or impaired after they have been placed on the market. (f) singapore. section 29 (1) of the singapore trademarks act, 2005: notwithstanding section 27, a registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the ..... which genus embraces other species as well. what are these species? (i) difference in services and warranties as held in the decisions reported as 423 f.3d 1037(2005) skf usa v international trade commission andors.; 35 uspq2d 1053(1995)fender musical instruments corp. v. unlimited music center inc.; 589 f. supp. 1163 (1984) .....

Allahabad Bank Vs. Mr. Kishore Bhai Zaveri (Deceased) Thr Lrs and anr

Court : Delhi

..... 227 of the constitution has been filed against the concurrent findings of fact and law returned by the controller and the tribunal. consequent on the amendments to the delhi rent control act carried out in 1988 an appeal now lies under section 38 only on questions of law. therefore now the tribunal is precluded from entering upon ..... application under section 151 cpc made by the petitioners is dismissed . 4. the said becomes final. at the stage of evidence, the respondents filed another application for amendment having almost same ground which was allowed by the impugned order which is challenged by the petitioner/tenant in the present petition.5. at the admission stage, the ..... court has not returned the final finding either in the main case nor even an order passed under section 37(2) of the act. secondly, the impugned order passed by the learned trial court patent illegal order and an abuse of the process of law which could not have been passed once on the same ground earlier application .....

Meenakshi Jain vs.delhi Medical Council & Anr.

Court : Delhi

..... is no question of it being enforced by courts. it is only orders which can be enforced in courts which can be said to be having force of law. (madras amendment) act, 1948, in the same vein, in state of assam vs. ajit kumar sharma air1965sc1196it was held that once the rules framed by the university were found to be not ..... not required to frame in the first place, would not have the force of law as delegated legislation deriving its authority from either the parent act or the rules framed thereunder. its amendment even if made to act from an anterior date, would not ordinarily attract the power of judicial review of this court. at the same time, this court is ..... its council meeting held on 27.04.2010. it is argued that his name could not have been included in the list of experts approved on 08.06.2011. this patent illegality, submits ms. jain, vitiated the entire disciplinary proceedings thereby nullifying the dc s decision.8. it is further urged by the appellant, that the defect of lack of .....

Griffon Laboratories Pvt. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(41)ELT613TriDel

..... alternative he argued that if the goods are held classifiable under t.i. 68 the benefit of exemption notification 234/82-c.e., dated 1-11-1982 as amended serial no. 21 "all bulk drugs, medicines and drug-intermediates not elsewhere specified" should be granted to the appellants with consequential relief.5. shri sunder rajan ..... central excise tariff for the purpose of additional duty of customs of trithioparame thoxyphenyl propene powder (tpp powder) - whether they fall under t.i. 14e cet patent or proprietary medicines as claimed by the appellant importer or residuary tariff item 68 as held by the lower authorities and in the alternative whether consequent to classification ..... petitioners could not be allowed to raise the contention that vegetable tallow was not a vegetable product falling under item 13 of the first schedule to the act, but was a vegetable non-essential oil falling under item 12 of the first schedule especially when there was no material on record to decide the classification .....

Jai Bharat Steel Industries Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2001)(127)ELT587TriDel

..... c.) which prescribes:- ...the provisions contemplate the pendency of the application on the date of the coming into force of the amendment, or the filing of an application which is contemplated under law, to obtain a refund, after the amendment act comes into force. i am of the opinion that if the said provisions are held applicable, even to matters concluded by ..... the proviso to section 11b(1). the tribunal in the case of dalmia cement (bharat) ltd. -1998 (101) e.l.t. 669 (t) had an occasion to examine the amendment to section 11b and came to a conclusion that delay in execution of tribunal order regarding refund by department does not make it a pending proceeding. this decision was arrived ..... of the dy. collector vide v(72)ce/adc/aa&r/63/94-3370 dated 1-11-94 directing the asstt.collector to sanction on the refund since letter patent appeal filed by the department against the order in wp 773/1990 was dismissed. since the ground of limitation has been settled in the subject wp and there was .....

J.C.i.T., Spl. Range-14 Vs. National Agriculture

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)92ITD35(Delhi)

..... an order which was good and valid when it was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment act. but such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment act. if, as a result of the said fiction, we must read the subsequently inserted ..... as under:- "it is clear that the ground which was argued before the high court and which seemed to find favour with it was that the question whether the amending act applied to assessments which were already completed was a highly debatable question and, therefore, it was not a case of an error apparent on the face of the ..... the judgment of the bombay high court in the case of j.m. shah v.j.m. bhatia 94 itr 519 (bom) for the proposition that whether the amending act applied to the completed assessment is a debatable question. we do no understand the rationale of the learned counsel of placing reliance on this decision as the same already .....

Gian Chand Ramji Das Vs. Sales Tax Officer, Ward No. 33, New Delhi, an ...

Court : Delhi

Reported in : [1985]60STC198(Delhi)

..... we are deciding the writ petitions also clause (3) of article 226 which had been added in the meantime by the constitution (forty-second amendment) act has been repealed by the constitution (forty-fifth amendment) act, which has been ratified by the states and has just been assented to by the president. it is not, thereforee, a bar for ..... : provided that the administrator may with the previous approval of the central government and by notification in the official gazette, add to, or omit from, or otherwise amend, the first schedule or the second schedule, either retrospectively or prospectively, and thereupon the first schedule or, as the case may be, the second schedule, shall be ..... first avail of the right of appeal. this was upheld by the supreme court. in the case before me the challenge is that the order of assessment is patently in excess of the jurisdiction being vocative of the exemption notification dated february 27, 1978. the view taken in goodwill india ltd. v. state [1980] 45 .....

Krishna Devi Nigam and ors. Vs. Shyam Babu Gupta and ors.

Court : Delhi

Reported in : AIR1980Delhi165; 17(1980)DLT344; 1980(1)DRJ33; 1980RLR215

..... to subserve this special need. that this was so is clear from the statement of objects and reasons which from part of amendment act 1976 and lays down, 'that there has been a persistent demand for amendment to rent control act with a view to confer the right of tenancy of certain heirs of a deceased statutory tenant so that they may be protected ..... s case must apply with equal vigour even to an application brought under section 14(1)(e) of the rent act. in interpreting section 25a of the rent act in sarwan singh's case the court has thus to say that 'it is patent that by virtue of the first part of section 25a, the provisions of chapter iiia must prevail over the ..... provisions of section 54 of the delhi rent act. the reason is that to the extent to which section 54 saves the operation of the slum clearance act, it is inconsistent with the provisions of .....

Syed Mehedi vs.govt of Nct of Delhi & Ors.

Court : Delhi

..... i would have thought that the law-makers do desire application of the question of even proportionality of punishment/penalty. i have said so because the industrial disputes act, 1947 was amended to insert section 11-a in it to confer this power even on a labour court/industrial tribunal. it may be that this power was conferred on these ..... as under: 33. ordinarily suitability is to be judged by the executive council and not by this court. but what are we to do when the executive council acts in a patently unfair manner, as it has done in this case?. this court is a court of justice. no doubt it has to do justice based on law, but the ..... considered an appropriate substitute for special education teachers possessing the w.p.(c) 1200/2016 page 22 of 26 requisite qualifications. once we find that the respondents are acting in a patently arbitrary, stubborn and mindless manner, and now that all the relevant material in the present case has been placed before us, we will be failing in our duty .....