Court : Delhi
Decided on : Oct-21-2019
..... awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii) and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with.38. insofar as domestic ..... that as fao (os) (comm) 296/2019 page 13 of 15 award, which cannot be permitted post amendment. however, insofar as principles of natural justice are concerned, as contained in sections 18 and 34(2)(a)(iii) of the 1996 act, these continue to be grounds of challenge of an award, as is contained in paragraph 30 of associate .....
Tag this Judgment!Court : Delhi
Decided on : Oct-17-2019
..... english. the governing laws shall be laws of india. the arbitral award shall be enforced in accordance with the provisions of the arbitration and conciliation act, 1996 or any of its amendments thereof." lpa3412019 page 2 of 5 5. the specification and characteristics of the contracted commodity were annexed as annexure-i of the contract (which ..... agreement. hence, such a dispute will be governed under the agreement with a remedy available under clause 20 thereof. hence, we see no reason to entertain this letters patent appeal and the same is hereby dismissed. cm appl. no.23391/2019 (stay) in view of the order passed in this appeal, this civil miscellaneous application is ..... & anr. coram: hon'ble the chief justice hon'ble mr. justice c.hari shankar order1710.2019 d.n. patel, chief justice (oral) lpa3412019 1. this letters patent appeal (lpa) has been preferred by the appellant (original petitioner), whose w.p. (c) no.3722/2019 has been dismissed by the learned single judge, vide judgment .....
Tag this Judgment!Court : Delhi
Decided on : Oct-16-2019
..... lall, senior advocate with and mr.rahul ........ petitioner ms.nancy roy vidhani, advocates mr.amarjit singh with ms.shubhi sharma, advocates for interveners. versus 1. the controller general of patents, designs & trade marks & anr through: mr.ravi ........ respondents prakash, cgsc with mr.farman ali, advocate coram: hon'ble mr. justice j.r. midha judgment (oral ..... the address for service in india as disclosed in the application, is situate. (4) subject to the provisions of this act, the registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. (5) in the case of a refusal ..... to the applicant.4. learned standing counsel fairly submits that the registrar of trade marks has to comply with section 18(5) of the trade marks act, 1999. learned counsel however submits that rule 36 of trade marks rules provides that the registrar shall communicate the decision in writing to the applicant and .....
Tag this Judgment!Court : Delhi
Decided on : Oct-15-2019
..... , it is difficult to accept that the impugned award suffers from patent illegality inasmuch as the tribunal has directed the performance of the development agreement. thus no interference in the impugned award is warranted even if the statutory amendments as introduced by arbitration and conciliation (amendment) act 2015 are ignored. 18. another submission made before us is that ..... reasons for the same. it is contended that the award is against public policy; and contrary to the contract and statutory provisions of law; perverse and patently illegal and thus, liable to be set aside.12. the learned counsel for the respondent submits that the respondent is ready and willing to perform his part ..... arbitral award is concerned, the learned single judge has rightly held that an award under section 34(2a) of the act though provides for a provision to set aside the arbitral award in case of patent illegality, but the proviso to the same restricts scope of section 34(2a) as it provides that an award .....
Tag this Judgment!Court : Delhi
Decided on : Oct-15-2019
..... xliii of the code of civil procedure, 1908 (5 of 1908) as amended by this act and section 37 of the arbitration and conciliation act, 1996 (26 of 1996). (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a high court, no appeal shall lie from any order or ..... the commercial division to be constituted in all high courts, which would follow fast track procedures similar to those recommended in the 176th report on arbitration and conciliation (amendment) bill, 2002 . these commercial divisions would also be equipped with high-tech video conferencing facilities along the lines used in commercial courts abroad. 1.4 the ..... enjoyment or what may have been lost by a party's own inaction, negligence' or laches. (see: popat and kotecha property v. state bank of india staff assn., (2005) 7 scc510 rajendar singh and ors. v. santa singh and ors., air1973sc2537 and pundlik jalam patil v. executive engineer, jalgaon medium project, (2008) 17 scc448. 14.in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-04-2019
..... in the schedule. (2) the commercial division and commercial court shall follow the provisions of the code of civil procedure, 1908 (5 of 1908), as amended by this act, in the trial of a suit in respect of a commercial dispute of a specified value. (3) where any provision of any rule of the ..... that all suits and applications transferred to the high court by virtue of sub-section (4) of section 22 of the designs act, 2000 (16 of 2000) or section 104 of the patents act, 1970 (39 of 1970) shall be heard and disposed of by the commercial division of the high court in all the ..... services; (xiv) mercantile agency and mercantile usage; (xv) partnership agreements; (xvi) technology development agreement; (xvii)intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; (xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or .....
Tag this Judgment!Court : Delhi
Decided on : Oct-01-2019
..... pending before a high court or any order passed under chapter ix of the code of criminal procedure 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991].. 12. in balram yadav vs fulmaniya yadav, air2016sc2161 the apex court while considering the scope of section 7 of the family courts ..... 43 rule 1 clause (d) and is appealable, the serious question that arises is whether or not the order first mentioned is a judgment within the meaning of letters patent. the fact, however, remains that the order setting aside the ex parte decree puts the defendant to a great advantage and works serious injustice to the plaintiff because as ..... are clearly specified in clauses (a) to (w) of order 43 rule 1 and have already been held by us to be judgments within the meaning of the letters patent and, therefore, appealable. there may also be interlocutory orders which are not covered by order 43 rule 1 but which also possess the characteristics and trappings of finality in that .....
Tag this Judgment!Court : Delhi
Decided on : Sep-30-2019
..... ) came into force although the provision was introduced only on 4th april, 2005]. have the remedy of filing a post-grant opposition. he can, after 2nd april, 2007, also file an application before the ipab under section 64 of the patents act for revocation of the patent. in other words, as explained by the supreme court in j.mitra ..... a perusal of the impugned order shows that the ld. deputy collector has considered all the prior arts, though not in detail, and has also considered the amended claims. after considering these documents, the following conclusion has been arrived at: in my opinion, none of cited document defines the claimed method of assaying, which ..... sample for pharmaceutical use. in view of above finding, hearing proceedings, written submission filed by applicant on 19/01/2019, the patent application 9028/delnp/2008 shall proceed to grant of patent on amended set of claims filed on 19/01/2019 as there are no technical and formal objections, and the pre-grant opposition stands .....
Tag this Judgment!Court : Delhi
Decided on : Sep-27-2019
..... c) no.10514/2017 and sought maternity leave for a period of twenty six weeks along with her due salary for the said period under, the maternity benefits (amendment) act (hereinafter referred as act) and the clarification of 12th april, 2017 issued by ministry of labour & employment of government of india. after considering the rival submissions of the parties, the ..... he further contended that the benefits of twenty-six lpa no.187/2018 page 2 of 6 weeks of maternity leave accrued to the appellant by way of amendment in the act which came into force on 01.04.2014 and by a clarification of 12th april, 2017 which was issued by the ministry of labour & employment of ..... ms.avnish ahlawat, standing counsel for r-2. sangita dhingra sehgal, j.(oral) 1. the present appeal has been filed by the appellant under clause x of the letters patent act, assailing the order dated 08.02.2018 (hereinafter referred to as 'impugned order') passed by the learned single judge in w.p. (c) no.10514 of 2017 whereby .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-2019
..... 2019(7) scc641 where this court re-affirmed that the jurisdiction of the high court to entertain a second appeal under section 100 of the cpc after the 1976 amendment is confined to a substantial question of law. thus existence of a substantial question of law is a sine qua non for the exercise of jurisdiction under section ..... a1 -gift deed having been accepted on behalf of the donee could be revoked by the donor unilaterally?.16. counsel submitted that the questions have been framed on the patently erroneous premises that the gift had been accepted, on behalf of the donee when, in fact, both the trial court and the appellate court had concurred in their ..... . have to be proved. it would not apply to instruments which are presumptively invalid.31. the high court held, and rightly, that article 59 of the limitation act deals with suits for cancellation for setting aside an instrument or decree or for rescission of a contract and prescribes a period of three years commencing from the time when .....
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