Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Court: delhi Page 6 of about 267 results (0.155 seconds)

Prakash Sharma Vs. D.D.A. and Others

Court : Delhi

Reported in : 2000IIAD(Delhi)749; AIR2000Delhi459; 85(2000)DLT163; 2000(54)DRJ471

..... 5:- the claim is for pendente lite interest. the claim is not justified in view of the latest judgments of the supreme court.' 4. the present application for amendment has been strenuously contested by learned counsel for the respondent on the grounds that it is barred by limitation. the argument is that the statutory period of thirty days for ..... merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure; the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by blunder, he had caused injury to his opponent which may not be compensated for by an ..... the court to ensure that justice is done whether objections are filed or not. where there is a patent illegality, it must be corrected even if the jurisdiction of the court is not invoked under sections 30 and 33 of the act. this duty is found articulated in section 17. furthermore the ubiquitous view of the high courts, .....

Abdul Hamid and ors. Vs. Charanjit Mehra and ors.

Court : Delhi

Reported in : 1995IVAD(Delhi)717; 60(1995)DLT847; 1995(35)DRJ472; (1996)112PLR55; 1996RLR44

..... act. this depends on whether the order amounts to a 'judgment', as understood under clause 10 of ..... no. 2000 of 1989. they have filed this appeal under clause 10 of the letters patent (lahore) read with section 10 of the delhi high court act, 1966. the appeal has been preferred against an order in is no. 2840/93 allowing a second amendment of the written statement filed by the respondents. (2) the respondents, eight in number, ..... p.m. is raised and it is pleaded that rent control act continues to apply because rent payable by each defendant is below rs. 3500.00 p.m. the learned single judge allowed the amendment. the question arises whether the said order is appealable under clause 10 of letters patent (lahore) read with section 10 of the delhi high court .....

Commissioner of Income-tax, Delhi-iv Vs. Kundan Lal

Court : Delhi

Reported in : (1982)30CTR(Del)343; ILR1982Delhi195; [1983]144ITR547(Delhi)

..... power on the ito or the aac to impose a penalty. but this is subject to s. 274.19. section 274, before its amendment by the taxation laws (amendment) act, 1970, read :'274. procedure-(1) no order imposing a patently under this chapter shall be made unless that assessed has been hears, or has been given a reasonable opportunity of being hears. (2) notwithstanding ..... appellate assistant commissioner on making an order under this chapter imposing a patently shall forthwith send a copy of the same to the income0-tax officer.'20. as a result of s. 49 of the i. t. (amend.) act, 1970, which came into force on 1st april, 1971, s,. 274(2) was amended to read as follows :' (2) notwithstanding anything contained in clause (iii .....

Shakuntala Negi Vs. State Etc.

Court : Delhi

Reported in : ILR1970Delhi538

..... in any criminal trial before the courts of original criminal jurisdiction which might be constituted by one or more judges of the high court.'(7) in 1919 the letters patent were amended so as to widen the exemption from appeals not merely to cases of 'sentences or orders in criminal trials' but also to those passed 'in the exercise of ..... matter our consideration and are of the view that though the trial of persons alleged to have committed crimes is the main function of the criminal court when they act in exercise of their criminal jurisdiction, that is not their only function. the courts in exercise of criminal jurisdiction no doubt deal with the trial of persons alleged ..... diction, and not being a sentence or order passed or made in exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) or one judge of the said high court or one judge of any division court, pursuant to section 108 of the .....

Shri Subhash Chand Vs. Govt. of Nct and anr.

Court : Delhi

Reported in : 117(2005)DLT527; 2005(82)DRJ346

..... bench of that court in the case of radhey shyam v. state of haryana, 1997 (6) slr 1. 22. section 2(a) was inserted in this act by amending act of 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in relation to ..... employer and the employees in the regions is likely to be adverse disturbing industrial harmony understood in its larger sense. (5)while the appropriate government can examine the patent frivolousness of the demands, it shall not itself adjudicate on the demands made by the workman, which should be left to the labour court/tribunal concerned. the ..... of the industrial tribunal...................'16. it was then finally held by the supreme court as under :'while conceding a very limited jurisdiction to the state government to examine patent frivolousness of the demands, it is to be understood as a rule, that adjudication of demands made by workmen should be left to the tribunal to decide. .....

Dhir Singh Chhima Vs. Union of India and ors.

Court : Delhi

Reported in : 64(1996)DLT295

..... the offence is prior to the date of amendment, the unamended provisions of sections 122 and 123 would be applicable to the instant ..... order passed on 31st august, 1994 invoking provisions of section 123 of the act is vitiated for the reasons alleged in the petition. (24) though the provisions of sections 122 and 123 of the army act stand amended by virtue of army (amendment) act, 1992 ( act no. 37 of 1992) there is no dispute amongst parties that since ..... limitation will be patently illegal. period of limitation prescribed under the army act cannot be overriden or circumvented by an administrative act, in exercise of the powers conferred under the rules. (26) section 123 of the army act deals with the liability of offender, who ceases to be subject to act and prior to its amendment was in the .....

Shri Ashok Rekhi Vs. Smt. Chanda Bhasin and Others

Court : Delhi

..... bombay which were the only high courts at that time exercising ordinary original civil jurisdiction, when the amendment was introduced in the heading of part ix and section 116 of the code by section 14 of the civil p.o., amendment act 2 of 1951. the issue is, therefore, decided in the affirmative. (emphasis supplied) 11. ..... of section 20 cpc do not apply to chartered high courts (such as bombay) exercising original civil jurisdiction; (iii) that under clause 12 of the letters patent, the bombay high court would have jurisdiction over the subject-matter of arbitration if the respondent has an office in mumbai, regardless of the fact that no cause ..... under section 120 cpc, 1908. the provisions of sections 16, 17 and 20 cpc are inapplicable to chartered high courts exercising original civil jurisdiction under the letters patent. section 120 cpc reads as follows: 120. provisions not applicable to high court in original civil jurisdiction. (1) the following provisions shall not apply to the .....

Shanta Sabharwal Vs. Sushila Sabharwal and ors.

Court : Delhi

Reported in : AIR1979Delhi153; 1979RLR223

..... faith. this appeal is against the order disallowing the application for amendment.3. in urging that the appeal is maintainable, under s. 10(1) of the delhi high court act wherein the word 'judgment' has the same meaning as it had under clause (10) of the letters patent originally granted to the high court of lahore and which has ..... new york, : [1975]1scr550 , that the word 'judgment' in clause (15) of the letters patent of the bombay high court corresponding to clause (10) of the letters patent of this high court can apply to an order allowing or disallowing an amendment of pleading if such an order has the effect of affecting the rights and liabilities of a party ..... by a single judge exercising the jurisdiction inherited from the punjab high court under s. 5(1) of the delhi high court act then the appeal against it lies under clause (10) of the letters patent; and (ii) on the other hand, when a single judge delivers a judgment in exercise of the ordinary original civil jurisdiction .....

Shyam Telecom Ltd. Vs. A.R.M. Ltd.

Court : Delhi

Reported in : 2008(3)ARBLR615(Delhi)

..... restricted, there is no ground for holding that cl. (2) does not similarly restrict the exercise of appellate power granted by the letters patent....(19) the arbitration act which is a consolidating and amending act, being substantially in the form of a code relating to arbitration must be construed without any assumption that it was not intended to alter the ..... section 11(6) of the arbitration act, 1996 can only file a petition under article 136 of the constitution of india.15. consequently, the present appeal is ..... view of the absolute and specific embargo contained in section 37 of the new arbitration act, 1996. 14. it is pertinent to mention that a bench of seven judges of the supreme court in sbp & co. v. patel engineering ltd. and anr. reported in (2005) 8 scc 618, have held that any party aggrieved by an order under .....

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

..... .30 of 94 the proceedings from the parliamentary debate on the bill were also referred to show that the concerned minister of state had observed that the act was being amended to 'provide help and protecting the rights of designers'. (emphasis supplied) furthermore, the legislative intent is also to be kept in mind which is to ..... , prescott & vitoria on the modern law of copyright and designs, fourth edition, vol-ii, lexis nexis summarizes the said changes brought by copyright, design and patent acts of 1988 in the following manner:43.31 the cdpa 198 thus served the link between protection by means of copyright and by registered design and cs(os) ..... in return for the exclusive right to practice the invention for a period of years."'. the supreme court has identified three specific policies advanced by the patent act: first, patent law seeks to foster reward and invention; second, it promotes disclosure of inventions to stimulate further innovation and to permit the public to practice the invention .....