Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Year: 1979

NagIn Mansukhlal Dagli Vs. Haribhai Manibhai Patel

Court : Mumbai

Reported in : AIR1980Bom123

..... the legislature of the province of bombay enacted the said bombay high court letters patents (amendment) act, 1948 (bombay act xli of 1948), making the amendment set out earlier to clause 12 of the letters patent. at the same time the legislature took the opportunity by this amendment to abolish the concurrent jurisdiction which this high court possessed in suits of which ..... in which the debt or damage, or value of the property sued for, does not exceed one hundred rupees.'by the bombay high court letters patents amendment act, 1948 (bombay act xli of 1948), the said clause 12 was amended with respect to the aforesaid exception to the high court's power to entertain and try suits. after such ..... with any claim or question provided for by the said section 28. it was because at the date when the bombay rent act was enacted, clause 12 of the letters patent had not been amended, and the only exception to the high court's jurisdiction with respect to suits triable by the court of small cause at .....

Rajinder Singh Etc. Vs. Kultar Singh and ors.

Court : Punjab and Haryana

Reported in : AIR1980P& H1

..... constitutional validity of the uttar pradesh high court (abolition of letters patent appeals)(amendment) ordinance 1972 (hereinafter referred to as the amending ordinance), later on replaced by the uttar pradesh high court (abolition of letters patent appeals)(amendment) act, 1972 (hereinafter referred to as the amending act) was challenged. in the judgment, 'the legislative history of the letters patent prior to the impugned enactment has been given, which is ..... perform the duties of director of consolidation) under the u. p. consolidation of holdings act, 1953 were abolished. the amending ordinance was replaced by the uttar pradesh high court (abolition of letters patent appeals)(amendment) act, 1972 incorporating similar section 4 which came into effect on 16-8-1972. the amendment bill was introduced in the uttar pradesh legislative assembly on july 19, 1972 and was .....

Sonya Dagdu and anr. Vs. Manhu Dagadu and ors.

Court : Mumbai

Reported in : AIR1980Bom62; (1980)82BOMLR119; 1980MhLJ17

..... such admitted appeal shall be disposed of as if the said section 38 had not come into force.'this clause thus, expressly protects and safeguards against the amending act, letters patent appeal already admitted and pending final hearing. such, however, is not the case here because this leave petition is yet pending admission. this clause speaks ..... is validly whittled down, the preliminary objection must fail.9. the turning question, therefore, is:--is the petitioners' right to appeal under the letters patent taken away by the amending act which, after the president's assent on 9th september 1976, came into force, albeit by stages, soon thereafter? by then, however, the suit ..... of west bengal v. mir fakir mohammad, : air1977cal285 , wherein r. bhattacharya j. held that an admitted appeal under the letters patent is saved by virtue of section 97 (2) (n) of the amending act. this indeed, as already seen, is the correct position. this section, however, has no application to a case as the instant .....

The State of Maharashtra Vs. Glaxo Laboratories (India) Pvt. Ltd.

Court : Mumbai

Reported in : (1980)82BOMLR46

..... . however, it is important for the purposes of this appeal to see the amendment made in the said schedule to the act by amending act 20 of 1962 with effect from april 23, 1962. by that amending act explanation 1 was substituted by a wholly different explanation. the new explanation provides as follows:'patent or proprietary medicines' means any medicinal preparation which bears either on itself or ..... only with items nos. 4 and 5 thereof which were for the first time enacted by the said amending act, the said items nos. 4 and 5 -provide as follows:------------------------------------------------------------------------------------item no. description of dutiable goods rate of duty------------------------------------------------------------------------------------4 medicinal preparations, being patent or proprietary ten per cent. medicines, not containing alcohol, but containing opium, ad valorem. indian hemp, or other narcotic .....

Print Pak Machinery Ltd. Vs. Jay Kay Papers Conveters

Court : Delhi

Reported in : AIR1979Delhi217; 1979RLR418

..... the event of any inconsistency between the civil procedure code and the original side rules of this court, the rules will prevail and oot the code and the amending act of 1976 has made no difference in this respect in relation to chapter xv of the original side rules dealing with summary suits. (19) the ..... (18) that they are beyond the purview of the code. that sub-section defines 'rules' to mean those 'contained in the first schedule or made under section 122 or section 125'. significantly, any reference to section 129 is omitted. thus, there is no question of the original side rules being repealed. (15) section 97 of the amending act ..... of this act shall, except in so far as such amendment or provision is consistent with the provisions of the principal act as amended by this act, stand repealed.'theoriginal side rules were not an 'amendment made' or a provision inserted in the code. they always existed as a separate body of rules. it is patent from section 2 .....

State of Maharashtra and ors. Vs. Glaxo Laboratories (India) Pvt. Ltd ...

Court : Mumbai

Reported in : 1990LC48(Bombay); 1979(4)ELT286(Bom)

..... of that section meaningless, and nugatory.* * * * 12. it is in the context of explanation i both as inserted by the amending act 19 of 1961 with effect from june 1, 1961 and as substituted by amending act 20 of 1962 with effect from april 23, 1962 that the impugned orders of the authorities are required to be looked at. we have ..... to the suit.* * * * 21. so far as the last point urged before us, namely, that the plaintiffs' medicinal preparation codifying was during the period in question patent or proprietary medicine, we have already dealt with this aspect of the case while dealing with the question of maintainability of the suit, and we have already held that it ..... in the said schedule, because it having been manufactured from a formula which was standard formula found in the british pharmacopoeia, 1958 edition, it was not a patent or proprietary medicine. an order based on a statutory provision which had no existence during the relevant time cannot be said to be an order passed under the .....

HasinuddIn Khan and ors. Vs. Deputy Director of Consolidation and ors.

Court : Supreme Court of India

Reported in : (1980)3SCC285; [1980]2SCR1207; 1980(12)LC412(SC)

..... acts on the ground of their unconstitutionality is, therefore, rejected. learned counsel appearing on behalf of the appellants have very ..... court of allahabad, upholding the validity of the 1962 act was dismissed by the constitution bench of this court after an elaborate argument, there is no substance in the contention that either the u.p. high court (abolition of letters patent appeals) act, 1962 or the u.p. high court (abolition of letters patent appeals) (amendment), act 33 of 1972 is unconstitutional. the challenge to these .....

Chuluram Vs. Bhagatram

Court : Madhya Pradesh

Reported in : AIR1980MP16; 1980MPLJ37

..... 133 of the constitution as it stood before the constitution 30th amendment act. in sadarali v. doliluddin air 1928 cal 640 (fb) and in re, vasudeva samiar air 1929 mad 381 (fb) which were approved in gurikapati's case the question related to the effect of amendment in letters patent restricting the right of appeal from the judgment of a ..... 3 had not come into force' is not in terms restricted to pending appeals or to appeals arising from determinations made before the coming into force of the amending act. the words 'any appeal' are wide enough to cover appeals from orders passed in pending execution proceedings in which the right of appeal had vested in a ..... appeals,yet it was held that the new law did notaffect any vested right of appeal in apending suit. it has to be presumed thatparliament, while enacting the amending act, was aware of the rule of construction recognised by the supreme court ingarikapati's case and affirmed by it insubsequent case and if it intended to takeaway vested .....

Commissioner of Income-tax Vs. Smt. Eva Raha

Court : Guwahati

..... orders which had been rendered by the tribunal were good and valid when they were so rendered. but the orders so rendered are patently invalid and wrong by virtue of the retrospect tive operation of the amendment act. therefore, when the application for rectification was made within the period of limitation prescribed under section 254(2) of the ..... 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 ..... must be held to affect even completed assessments. ' (emphasis* added).27. as such the high court held that there was great similarity in the language used in the amending acts and the supreme court held in venkatachalam, ito v. bombay dyeing and mfg. co. ltd. : [1958]34itr143(sc) that such provisions ' must be held to affect .....

Commissioner of Wealth-tax Vs. Sheela Devi Goel

Court : Allahabad

Reported in : (1980)16CTR(All)127; [1981]132ITR517(All)

..... 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 ..... with law, there was no error apparent on the face of the record which the aac could rectify and, secondly, that the question as to whether the amending act applies to assessments which were already completed was, in any event, a debatable question. in regard to the first question it was almost conceded that the matter was ..... held that as a result of the legal fiction brought about as a result of the retrospective operation given to the amending act, the subsequently inserted proviso must beread as forming part of section 18a(5) of the principal. act as from 1st april, 1952, and, consequently, the order of the ito dated october 9, 1952, was .....