Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Year: 1998

State of West Bengal and ors. Vs. R.C. Banerjee

Court : Kolkata

Reported in : (1999)1CALLT52(HC)

..... 39(2) against a decision given by a learned single judge under section 39(1). in respect of the jurisdiction under letters patent the court observed that since arbitration act was a consolidating and amending act relating to arbitration it must be construed without any assumption that it was not intended to alter the law relating to appeals. the ..... subject to the legislative power of the governor-general in council and also of the govern or-fn-council under the government of india act, 1915, and may in all respects be amended or altered in exercise of legislative authority. under section 39(1), an appeal lies from the orders specified in that sub-section and from ..... . kanta & ors. reported in : [1982]1scr187 to contend that even though the appeal may not be maintainable under section 39 of the arbitration act, clause 15 of the letters patent permits the appellant to maintain such an appeal. we do not agree with his contention because what we clearly find from a careful reading of this .....

Jai Prakash Agarwal Vs. Prescribed Authority/S.D.M., Sadar, Deoria and ...

Court : Allahabad

Reported in : 1998(4)AWC10; (1999)1UPLBEC697

..... learned single judge passed in writ petitions against orders of board of revenue and director of consolidation were abolished. by u. p. high court (abolition of letters patent appeals) amendment act, 1975. i.e., [u. p. act no- 31 of 1975), special appeal was abolished against orders of learned single judge passed in writ petitions arising out of judgment, order or award of tribunal ..... two judges under rule 5. however, this right of appeal was taken away by 'several amendments in clause 10 of the letters patent. initially, an amendment was made by u. p. high court (abolition of letters patent appeals. 1962 (te., u. p. act no. 14 of 1962). by this amendment, appeals from the order of the learned single judge passed in exercise of appellate jurisdiction or .....

Municipal Corporation of Brihanmumbai and Another Vs. State Bank of In ...

Court : Supreme Court of India

Reported in : AIR1999SC2000; 1999(1)ALLMR(SC)246; JT1998(8)SC387; (1999)122PLR150; 1998(6)SCALE449; (1999)1SCC123; [1998]Supp3SCR288; 1999(1)LC461(SC)

..... causes court passed under section 217(1) of the act section 100a of the cpc, which was introduced by the amendment act, 1976 specifically bars any further appeal in such cases. that section reads :'100 a. no further appeal in certain cases. - notwithstanding anything contained in any letters patent for any high court or in any other instrument ..... 13. learned counsel appearing for the appellants at this stage, submitted that the appellants could challenge the order of the learned single judge against which the letters patent has been held to be not maintainable directly under article 136 of the constitution. it shall be open to the appellants to take recourse to such other ..... of the cpc. the objection found favour with the learned division bench and without going into the merits of the order of the learned single judge, the letters patent appeal was dismissed as not maintainable.5. we have heard mr. bhimrao n. naik, learned senior counsel appearing for the appellants and mrs. refique dada, .....

K. Premavalli Vs. State of Kerala

Court : Kerala

Reported in : AIR1998Ker231

..... which enables the state legislature to make law for regulating the practice and procedure of the high court in relation to the administration of justice. by the 42nd constitution amendment act, 1976 the expression 'administration of justice' has been transferred from entry 3 list ii to the concurrent list and inserted as entry iia in list iii of the ..... the supreme court in vanita m. khanolkar v. pragna m. pai, air 1998 sc 424 considered the scope of section 6(3) of the specific relief act vis-a-vis letters of patent. section 6(3) specifically says that no appeal shall lie from any order or decree passed in any suit instituted under that section. in that context, ..... madras high court held that a letters patent appeal is not maintainable mainly on the ground that the decision of the high court in appeal under section 54 of the land acquisition act is not a judgment. that reasoning cannot hold good in view of the amendment of section 26 of the land acquisition act. we are also of the view that .....

Ratanlal Nahata Vs. Nandita Bose

Court : Kolkata

Reported in : (1998)3CALLT348(HC)

..... constitution of india particularly in view of the fact that clause 15 of the letters patent refers to section 108 of government of india act. 1915 is absolute. there cannot further be any doubt whatsoever that all subsequent statutes or enactments amending or modifying or reforming the order under section 108 preserves the original power of the ..... , n.p.singh, j. speaking for the division bench held that the provisions of code of civil procedures were not applicable even before coming into force of 1976 amendment act in view of the decision of the apex court in babubhai v. nandlal reported in : [1975]2scr71 and held:--'if because of the explanation, proceeding under article 226 ..... with these rules.78. the full bench held that rule 24 cannot be taken by any state of imagination to substitute section 141 of the code even after amending act of 1976. the apex court referred to various decisions where similar arguments had been rejected and noticed that in puran singh (supra), the apex court had .....

Himani Ltd. Vs. Assistant Commissioner of

Court : Sales Tax Tribunal STT West Bengal

Reported in : (2000)118STC193Tribunal

..... refers to notification no. 1658-f.t. dated august 1, 1956, as amended, in respect of drugs and patent or proprietary medicines. from notification no. 1658-f.t. dated august 1, 1956 i find that "patent or proprietary medicine" is mentioned there as defined in section 3(h) of the drugs act. that being so, it is not correct, as held by the deputy ..... rates of tax for notified commodities under 1954 act were fixed with effect from april 1, 1979. sl. nos. 8, 15 and 71 of that notification are pertinent, and quoted below : "8. cosmetics of all varieties, as specified in notification no. 3123-f.t. dated the 15th july, 1975, as amended. 15. (ii) drugs and patent or proprietary medicines, as defined in notification .....

Kajal Chandra Deb Vs. State of Tripura and ors.

Court : Guwahati

..... appeal has now become inoperative in view of section 100a of the code of civil procedure, 1908, which was inserted in the code by the code of civil procedure (amendment) act, 1976, under which no further appeal is to he against the judgment of single judge of the high court in a second appeal.' 8. in the above case, ..... appeal. this application was rejected by another single judge before whom it had been listed. without leave from the single judge, the maker of the application, filed the letters patent appeal in question. 19. the division bench held in ratanlal's case, air 1949 nagpur 188, that in entertaining and deciding application under order 41, rule 21 read ..... order passed by the learned single judge exercising second appellate jurisdiction in the second appeal, is barred by section 100a, c. p. c. notwithstanding anything contained in any letters patent. mr. saha contends that in view of section 100a, c. p. c. section 104, c, p. c. can be invoked only in an appeal against an appellate .....

High Court of Judicature for Rajasthan Vs. Ramesh Chand Paliwal and an ...

Court : Supreme Court of India

Reported in : 1998IIAD(SC)314; AIR1998SC1079; JT1998(2)SC1; (1999)ILLJ885SC; (1998)IIIMLJ11(SC); RLW1998(2)SC161; 1998(1)SCALE636; (1998)3SCC72; [1998]1SCR961; 1998(1)LC639(SC)

..... jurisdiction and every power and authority whatsoever in any manner vested in any of the courts abolished under the act.'11. letters patent was granted to the calcutta high court in 1865. clauses 4 and 8 of the letters patent, as amended in 1919, provided as under:-'4. we do hereby appoint and ordain, that every clerk and ministerial ..... appoint clerks and other ministerial officers of the court, as are vested in them by letters patent....'14. this position was not altered even by the government of india act, 1935. it may be mentioned that section 241 of this act specified the various authorities who could make appointments of persons holding civil posts under the crown in ..... officer of the high court of judicature at fort william in bengal appointed by virtue of the said letters patent of the fourteenth of may, one thousand eight hundred .....

Cass County Vs. Leech Lake Band of Chippewa Indians

Court : US Supreme Court

..... were subject to plenary state jurisdiction immediately upon issuance of the trust patent. see in re heff, 197 u. s. 488 . the following year, congress reversed the result of in re heff by passing the burke act, 34 stat. 182, 25 u. s. c. 349, which amended 6 of the gaa to provide that state jurisdiction did not attach ..... and contained a proviso to the effect that the secretary of the interior could issue a fee simple patent before the trust period's end and thereafter restrictions as to, ..... ), which provided that land would be patented to individual indians and held in trust for 25 years, after which title would be conveyed in fee simple, 5, and that indian allottees were subject to plenary state jurisdiction, 6. the burke act amended 6 to provide that state jurisdiction did not attach until the end of the trust period, .....

Sanwarmul Poddar @ Koka and anr. Vs. Gulraj Poddar and ors.

Court : Patna

..... -general in council under section 71 of the government of india act, 1915, and also of the government-general in cases of emergency under section 72 of that act, and may be in all respects amended and altered thereby.10. as clause 41 has made the letters patent subject to the legislative power of the state, the legislature, ..... to a division bench is expressly granted. but the letters patent are declared by clause 37 subject to the legislative power of the governor-general in council and also of the governor-in-council under the government of india act, 1915, and may, in all respects, be amended or altered in exercise of legislative authority. under section 39 ..... by legislative enactment, can curtail the appellate power conferred on this court by the letters patent. in the instant case, the .....