Court : Delhi
..... date of commencement of the academic session, there would have been no need for an inspection on a date prior thereto. 20. as far as the argument, of the amendment to regulation 8(3) being required to be ignored is concerned, the challenge if any thereto has to be made before the division bench of this court and not ..... amended regulation 8(3) is to be ignored and the unamended regulation 8(3) has to be treated to be in force ..... christian medical college vs. union of india (2014) 2 scc 305 to contend that the supreme court has held that amendment to regulation 8(3) of emc regulations is bad in law, inasmuch as the provisions of section 19a(2) of mci act requiring inter alia consultation of the state governments has not been followed and further contended that hence the .....
Tag this Judgment!Court : Delhi
..... 30.34. the trial court appears to have relied upon mere surmises and conjectures as though it constituted substantive evidence. the impugned judgment suffers from obvious and patent errors of law and facts. 30.35. the trial court failed in the duty and obligation to maintain purity of standards and preserve full faith and credibility in ..... time is so extended till 28th february, 2010. ? 27.9. applications under order 27 rule 5(b) of the code of civil procedure. on 13th july, 2005, the licensee filed an application before the trial court for reference of the matter for amicable settlement of the disputes under order xxvii rule 5(b)(1) of the ..... 2006. both these applications were dismissed. 27.10. second application for amendment of the plaint 27.10.1. on 01st may, 2006, the licensee filed second application for amendment of the plaint to incorporate that the licence was irrevocable under section 60(b) of the easements act as the licensee had constructed permanent structure on the land. 27.10 .....
Tag this Judgment!Court : Delhi
..... dated 22nd april, 2013 the application was disposed of by directing inter alia the claimant shall implead the applicant as respondent no.2 (proforma) by filing an amendment memo of parties. the present petitioner herein in the proceedings shall be treated as the respondent no.1. the reference in the claim petition to the respondent ..... the respondent was required to keep the pbgs renewed during the pendency of these arbitral proceedings also. the expenses were recurring and there would have been need to amend statement of claim again and again with every renewable. on 15th july, 2013, the tribunal had also recorded the following order in its proceedings, "mr. routray ..... of record, it is liable to be set aside on the ground of patent illegality. the supreme court made the following observations: "42.3. (c) equally, the third subhead of patent illegality is really a contravention of section 28(3) of the arbitration act, which reads as under: "28.rules applicable to substance of dispute.-(1)-(2 .....
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..... = 14.42 lacs 11.96 lacs (a&e) + 4.65 (b.p) = 16.61 lacs 11.86 lacs (a&e) + 3.01 (b.p) = 14.87 lacs year 2005-06 2006-07 2007-08 2008-09 (a&e) stands for advertisement & exhibition exp, (b.p) stand for business promotion.12. the plaintiff company has been recognized as a r ..... suit were issued to the defendants on 1st june, 2010. defendants entered appearance on 27th july, 2010. plaint was amended and the same was taken on record vide order dated 23rd november, 2010. written statement to the amended plaint was filed by the defendants whereby all the averments and allegations were denied. preliminary objection with respect to fraud and ..... , moulds used the manufacturing of the energy efficient aviation warning light similar to the plaintiff s registered patent. (c) the defendants be called upon to allow inspection of its accounts to assist in ascertaining the profits made by its offending acts and a decree be passed in favour of the plaintiff and against the defendants for the amount found .....
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..... cross-examination by the defence, pw-26 had stated that he did not observe an external injuries on the body of the deceased. this document is a patently a false document and belied by the testimony of the prosecution witnesses and the subsequent postmortem conducted. all that can be drawn by such a record is the ..... 108 (2015) dlt242(paragraphs 70 - 72); state v. ranbir singh, 166 (2010) dlt427(paragraphs 33 - 36); munshi singh gautam (d) v. state of m.p., air2005sc402 (2005) 9 scc631(paras 6, 7, 8 and 29); sahadevan alias sagadevan v. state, air2003sc215 (2003) 1 scc524(paragraphs 19, 22 and 26); state of m.p. v. shyamsunder trivedi ..... authority empowered to conduct preliminary inquiry. it further noticed that section 27 of the evidence act, by its very existence, has created an impression or an urge to resort to means not desirable or legitimate and recommended its repeal or its suitable amendment. similar recommendations have been made in the 185th report. despite the recommendation and the .....
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..... cross-examination by the defence, pw-26 had stated that he did not observe an external injuries on the body of the deceased. this document is a patently a false document and belied by the testimony of the prosecution witnesses and the subsequent postmortem conducted. all that can be drawn by such a record is the ..... 108 (2015) dlt242(paragraphs 70 - 72); state v. ranbir singh, 166 (2010) dlt427(paragraphs 33 - 36); munshi singh gautam (d) v. state of m.p., air2005sc402 (2005) 9 scc631(paras 6, 7, 8 and 29); sahadevan alias sagadevan v. state, air2003sc215 (2003) 1 scc524(paragraphs 19, 22 and 26); state of m.p. v. shyamsunder trivedi ..... authority empowered to conduct preliminary inquiry. it further noticed that section 27 of the evidence act, by its very existence, has created an impression or an urge to resort to means not desirable or legitimate and recommended its repeal or its suitable amendment. similar recommendations have been made in the 185th report. despite the recommendation and the .....
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..... cross-examination by the defence, pw-26 had stated that he did not observe an external injuries on the body of the deceased. this document is a patently a false document and belied by the testimony of the prosecution witnesses and the subsequent postmortem conducted. all that can be drawn by such a record is the ..... 108 (2015) dlt242(paragraphs 70 - 72); state v. ranbir singh, 166 (2010) dlt427(paragraphs 33 - 36); munshi singh gautam (d) v. state of m.p., air2005sc402 (2005) 9 scc631(paras 6, 7, 8 and 29); sahadevan alias sagadevan v. state, air2003sc215 (2003) 1 scc524(paragraphs 19, 22 and 26); state of m.p. v. shyamsunder trivedi ..... authority empowered to conduct preliminary inquiry. it further noticed that section 27 of the evidence act, by its very existence, has created an impression or an urge to resort to means not desirable or legitimate and recommended its repeal or its suitable amendment. similar recommendations have been made in the 185th report. despite the recommendation and the .....
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..... s subject patent and will not result in revocation of the patent and the patent would remain on the register and entitle the plaintiff to amend the claim/s held to be invalid. per contra, it is contended that if the defendant/applicant ..... for the defendant/applicant, the proceedings were adjourned to today.3. the counsel for the defendant/applicant has today drawn attention to section 114(1) of the patents act and has contended that the defence taken by the defendant/applicant in this suit would only result in invalidity of either one or all the claims of the plaintiff ..... and has not been removed, the plaintiff can still amend the claims.6. on enquiry, whether the claims can be amended, after the validity of the patent has expired, the answer is in the negative.7. section 107(1) of the patents act entitles the defendant in a suit for infringement of patent to in its defence take every ground on which .....
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..... tort of malicious falsehood.14. for the reasons aforesaid, the suit of the plaintiff is decreed in accordance with paragraph nos.27 (a), (b), (c), and (d) of the amended plaint.15. besides the above, the plaintiffs have claimed for damages in the tune of 1,00,01,000/-. the plaintiffs relies upon a decision by the division bench of ..... order 1 rule 10 of the cpc and vide order dated 07.12.2017 defendants no.2 & 3 were added in addition to the sole defendant. the plaintiff filed the amended plaint and memo of parties. cs (comm) no.712/2018 page 1 of 10 3. the suit is premised on the ground the defendants are manufacturing and selling the ..... companies in treatment of iron deficiency and iron deficiency anaemia. the plaintiff no.1 is a registered proprietor of indian patent no.221536 (hereunder referred to as in 536); b) the plaintiff no.2 is a company incorporated under the companies act, 1956 and is the authorized licensee of the plaintiff no.1 to be able to manufacture and commercialize the .....
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..... argued, fao(os)(comm) 70/2018 page 4 of 9 besides that the claims did not provide a clear description, contrary to section 10 (4) of the patents act. the defendant relied on decisions reported as s.p. chengalvaraya naidu vs. jagannath air (1994) sc853 bishwanath prasad radhey shyam vs. hindustan metal industries (1979) 2 ..... herbicidal composition was filed. pre-grant opposition was filed by gharda chemicals ltd. against this application which was dismissed vide order dated 25.01.2007 by the patent office which resulted in grant of product parent in130 gharda chemicals had challenged the claim in pre grant opposition; its petition (before bombay high court) was ..... concealment of facts and material variations deserves to be rejected for the reason even if there has been amendment in the plaint, this court has to construct the claim on the basis of what is claimed in the patent documents, as has been noted above. further the insecticides registration committee has no jurisdiction to decide .....
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