Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 57 amendment of section 107a Year: 2007 Page 1 of about 65 results (0.278 seconds)

Novartis AG represented by It's Power of Attorney Ranjna Mehta Dutt Vs ...

Court : Chennai

Reported in : (2007)4MLJ1153

..... of a known process; machine or aparatus unless such known process results in a new product or employs atleast one new reactant.section 3(d) as amended by the patents (amendment) act, 2005 with effect from 01.01.2005: the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the ..... parties on both sides and then passes an order, either granting the patent or rejecting the patent application, by giving reasons. prior to the amended section was brought into the statute book by the patent (amendment) act, 2005 (act 15/2005) with effect from 01.01.2005, it was preceded by ordinance 7/2004 containing the proposed amendment to be made to section 3(d). in the earlier portion of this .....

Speaking Roses International Inc. Vs. Controller-general of Patents an ...

Court : Mumbai

Reported in : (2007)109BOMLR630; LC2007(2)75

..... detail. 6. the rejection of the claim is essentially based on the fact that it falls within the mischief of section 3(j) of the patents act, 1970 as amended by the patents (amendment) act, 2002 and that it is not an inventive step taken by the petitioners in as much as 3 other patentees are stated to have been ..... granted patents for the same purpose. it is also rejected on the ground that the petitioners' claim does not sufficiently define the invention, the title of the patented ..... issued the second examination report (ser) which also the petitioners replied to and complied with. by virtue of said procedure the petitioners have applied for amendment to their application for their patent, but which need not be considered for the reasons set out hereinafter. 5. the impugned order dated 19 th april, 2006 shows the details of .....

K. Sathya Murthy Vs. the Secretary Ministry for Industry and Commerce ...

Court : Karnataka

Reported in : 2007(4)KarLJ686; 2007(4)KCCRSN260; 2007(3)AIRKarR40.

..... at the chennai office.2. the affidavit, inter alia; discloses the significant changes that have been brought about in the patents act, 1970 by the amending act of 2005; that the present procedure for processing the applications is now streamlined comparable to similar processing procedures undertaken elsewhere in other developed ..... places on record an affidavit dated 19-4-2005, sworn to by sri mannargudy sundararaman venkataraman, assistant controller of patents and designs, patent office, chennai2. the affidavit inter alia, points out that sweeping changes have been brought about by the amendment act of 2005 to the parent patent act of 1970 and some major changes such as ..... omission of section 5 of the principal act, having taken place and changed statutory position substantially alters the grounds on which the persons .....

Ramesh Chandra Das Vs. Kishore Chandra Das and ors.

Court : Orissa

Reported in : AIR2007Ori146

..... 629 of the report).recently also the supreme court in kamala devi v. khushal kanwar reported in : air2007sc663 , held that only a letters patent appeal filed prior to coming into force of the 2002 amendment act would be maintainable. (see para 20 at page 667 of the report).28. in the instant case, these appeals have been filed much ..... lie from the judgment and decree of such single judge.section 100a was first introduced by amendment by the code of civil procedure (amendment) act, 1976. section 97 of that amending act contained the provisions for repeal and savings. section 97(2)(n) of the amending act which deals with section 100a is in following terms:(n) section 100a, as inserted in ..... of this court is not maintainable inasmuch as the order impugned before the learned single judge of this court in fao was passed in 2005 and section 100a was introduced by way of amendment on 1-7-2002.14. though in this case also the orders impugned before the learned single judge were passed in 2006, and .....

Asha D/O Bhalchandra Joshi Vs. National Insurance Co. Ltd.

Court : Mumbai

Reported in : 2009ACJ223; 2008(1)ALLMR745; 2008(2)BomCR76; 2008(1)MhLj724

..... discussion may here, be shortly summarized:i) section 100-a in the civil procedure code, 1908 substituted by section 4 of the code of civil procedure (amendment) act, 2002 takes away the right of letters patent appeal on and from 1st july, 2002 in respect of the suit filed before that date where the judgment or order of the learned single judge ..... by preferring first appeal no. 624 of 2002 which came to be disposed of by impugned judgment dated 5th august, 2005 whereby the learned single judge remanded the matter back to the tribunal, allowing the application for amendment. the reasons given by the learned single judge are to the following effect:.it is also not in dispute that the ..... to remand the matter, pertaining to disablement suffered by a twenty one year old girl in an accident in the year 1991 for a fresh trial in the year 2005 i.e. almost 14 years after the accident.8. while there can be no doubt that public sector insurance companies must be vigilant about their funds and in .....

Navjagrut Labour Union and anr. Vs. Ahmedabad Electricity Co. Ltd. and ...

Court : Gujarat

Reported in : [2007(115)FLR600]; (2008)IILLJ175Guj

..... he has, therefore, submitted that neither on facts nor in law, the applicant union is entitled to be joined as a party - respondent in the pending letters patent appeal. he has, therefore, submitted that the application must be rejected with cost.30. after having heard learned advocates appearing for the respective parties and after having ..... period from october 1, 1992 till march 31, 2009. it has also been specifically stipulated in the said settlement that the pending matters including the present letters patent appeal have been mutually agreed to be discussed between the parties for expeditious resolution. the opponent no. 1 company and the opponent no. 2 have settled ..... 2005, granting exemption to the opponent no. 1 company from the provisions of the bir act, with a rider that provisions of section 7 of the bombay general clauses act, 1904 shall apply to such cessor as if the said bir act had been repealed in relation to the opponent no. 1 company, whether, by virtue of this amendment .....

Bimal Bhatt Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... record. in the case of ito v. itat their lordships of patna high court have also expressed a similar observation after holding that section 254(2) of the act empowers the tribunal to amend any order passed by it under sub-section (1) with a view to rectifying a mistake from record. however, section 254(2) does not authorize the tribunal to ..... cit v. gokul chand agarwal (1993) 202 itr 142 (cal) their lordships of calcutta high court have also held that section 254(2) to the income tax act, 1961 empowers the tribunal to amend its order passed under section 254(1) to rectify any mistake apparent from the record either suo motu or on an application. if in its order there is ..... four years of the date of an order to amend any order passed by it under section 254(1) of the act with a view to rectify any mistake apparent from record either suo motu or on an application made. what can be rectified under this section is a mistake which is apparent and patent. the mistake has to be such for which .....

Kadem Shaikh Vs. State of West Bengal

Court : Kolkata

Reported in : (2007)3CALLT129(HC),2007(3)CHN416

..... pre-trial imprisonment'.3. the division bench was of the view that a substantial question of law as to the constitutionality of the amendments introduced to ndps act, 1985, by the amendment act of 2001, has arisen in this case, which is of general public importance affecting the rights of the parties hereto and the society ..... of offending material was 'small quantity', 'commercial quantity or something in between. this is the effect of the rationalization of sentencing structure carried outby the amending act 9 of 2001, in section 27. a notification was issued on 9.10.2001, specifying in respect of 239 narcotic drugs and psychotropic substances, as ..... patently arbitrary. if there is equality and uniformity in each group, the law will not be discriminatory.23. the learned advocate general also relies upon a judgment of the hon'ble supreme court reported in 2004 air scw 932 (basheer v. state of kerala). constitutional validity of the proviso to sub-section (1) of section 41 of the amendment act .....

Oriental Bank of Commerce Vs. Mahabir Singh and ors.

Court : Punjab and Haryana

Reported in : (2007)146PLR593

..... of any goods or property purchased by a debtor or any advance sum of money given by, or the property to be sold later on. however, such act was amended firstly by haryana act no. 8 of 1991, whereby the debt was defined to mean loan taken for agricultural occupation mentioned in clause (a) and includes constructions of a room for ..... the loan was advanced to the respondents. therefore, the order passed by the learned executing court suffers from patent illegality or irregularity and thus, cannot be sustained in law.8. the matter can be examined from another angle also. vide haryana act no. 15 of 1993, any debt due to a scheduled bank as defined in clause (vi) of ..... bank of commerce (1999-2) 122 p.l.r 167, has considered the effect of amendment in the act by act no. 15 of 1993 and held that no vested or determined right of the borrower has been affected by virtue of the amendment in the act, the order passed by the learned executing court cannot be sustained.10. consequently, the order passed .....

K.V. Ananthakrushnan Vs. the Registrar, High Court,

Court : Chennai

Reported in : (2008)1MLJ9

..... of the constitution.7. the 2nd respondent has given the background history of the establishment of this court vide acts 24 and 25 of victoria chapter 104 of letters patent, dated 28th dec., 1865. according to the 2nd respondent, many clauses of the amended letters patent acts 24 and 25 of victoria chapter 104 have become redundant.8. according to the 1st respondent, the petitioner ..... . therefore, the provisions of the letters patent, 1865, have become redundant and no more in force.even while the indian councils act, 1861, came into force the phrase 'british india' was amended to 'india'. subsequently, the short-title act, 1897 provided that the british india acts would be known as 'indian act'. after coming into force of the indian independence act, 1947, no more indian continued to .....