Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 66 amendment of section 126 Court: kolkata Year: 2005 Page 2 of about 28 results (0.115 seconds)

Satish Chandra Sarkar and anr. Vs. Sandhya Sarkar and ors.

Court : Kolkata

Reported in : 2005(4)CHN519

..... shall be dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provisions of this act, as amended by the west bengal land reforms (amendment)act, 1972.'10. on perusal of the objection filed by the pre-emptee, it appears that the pre-emptee did not even pleaded that even ..... be subject to the provisions of chapter iib. (3) every application pending before a revenue officer at the commencement of section 7 of the west bengal land reforms (amendment) act, 1972 shall, on such commencement, stand transferred to and be disposed of by the munsif having jurisdiction in relation to the area in which the land is situated and ..... purchased by the bargadar, application for pre-emption does not lie in view of the exemption was mentioned in section 8(2)(e) of the west bengal land reforms act. being aggrieved by, and dissatisfied with, the said order, the pre-emption opposite party preferred an appeal being misc. appeal no. 66 of 2001 before the learned .....

Usha Ghosh Vs. Rabindranath Das and ors.

Court : Kolkata

Reported in : AIR2005Cal190

..... ditta (air 1928 pc 172), the phrase 'substantial question of law' as it was employed in the last clause of the then existing section 110, cpc (since omitted by the amendment act, 1973) came up for consideration and their lordships held that it did not mean a substantial question- of general importance but a substantial question of law which was involved in ..... khatians as 'akrishi proja' originated from 'maliki' or 'madhyaswatwadhikari' khatians now recorded as raiyat in w.b.l.r. act shall be accounted for in calculation of the ceiling excess area of a family with effect from 15-2-71 as the amended section 2(7) comes effective from 7-8-69.(8) it is reiterated that all 'akrishi' land belonging to ..... a raiyat either of w.b.e.a. act or of w.b.l.r. act shall be taken into account while calculating the land of raiyat's family .....

Shiva Nath Prasad Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2006(2)CHN88

..... or the complaint does not disclose the essential ingredients of an offence which is alleged against the accused;(2) where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the accused;(3) where the ..... one proceeding or the other. this view was followed by five-judges constitution bench of the supreme courts in iqbal singh marwah v. meenakshi marwah, reported in 2005(3) scale 93. in the said judgment the supreme court observed as follows:24. coming to the last contention that an effort should be made to avoid ..... education or medical institutions receiving grant on the authority of such trusts, has authority to lodge complaint before competent court of law to question whether by such act any offence has been created by the person or persons who have converted properties of public charitable institutions into their personal property. it is not necessary .....

Ruby General Hospital Limited and ors. Vs. Dr. Kamal Kumar Dutta and a ...

Court : Kolkata

Reported in : [2006]129CompCas1(Cal),(2006)5CompLJ546(Cal)

..... that sia cannot put ceiling on resident indian investment. it is only an approval to the extent that it is nri investment and nothing else. on october 12, 1993, amendment took place at the instance of dr. kamal kumar dutta that even under sia approval dr. dutta and dr. sinha were to be allowed a maximum of rs. 400 ..... that section 397 contained the essential requirement of the finding of a just and equitable winding up. it appears that the finding of the jurisdictional issue should contain a legal patent error. granting of relief under section 398 does not require to make out a case that it is just and equitable to wind up the company. therefore, i do ..... both appeal and cross-appeal are taken up and are disposed of by this common judgment.3. an application was filed under sections 397 and 398 of the said act alleging various acts and oppression and mismanagement in the affairs of the company before the learned company law board by dr. kamal kumar dutta and one dr. binod prasad sinha on .....

Kabushiki Kaisha Toshiba (Toshiba Corporation) Vs. Toshiba Appliances ...

Court : Kolkata

Reported in : (2006)1CALLT601(HC),2006(1)CHN487,2006(32)PTC243(Cal)

..... trade mark by expunging the mark 'yorkshire relish'. basically on those facts a question arose whether the company is a person aggrieved within the meaning of section 90 of the patents act, 1883. justice chitty held that the company had the locus standi in view of the fact that they carried on a rival business in the same class of goods. ..... deleting 'electric washing machine and spin dryers' from the registered trade mark no. 273758 of the appellant-company in class 7 goods and it was also ordered that the said amendment shall be notified in the trade marks journal and each party was to bear its own costs.11. challenging the said order, as noted above, the appellant filed a ..... of his lordship's speeches, and relevant portions of which are quoted below :the right of property in a trade mark had special characteristics. one, which it shared with patents and with copyright, was that it was a monopoly, that is to say, it was a right to restrain other persons from using the mark. but it was an .....

J.K. Industries Ltd. Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)98ITD158(Kol.)

..... had clarified that the industrial undertaking situated in the excluded blocks were eligible to claim deduction under section 80hh upto 10th september 1986 because the taxation laws (amendment & misc. provisions) act 1986 received presidential ascent on the said date. he also submitted that the board also clarified that all areas specified in the eighth schedule were continue to ..... by substituting his subjective opinion in place of the ito. the proceedings under section 263 can only be invoked if the basis adopted by the a.o. is patently wrong or the deduction or relief was allowed in contravention of statutory provisions. this view finds support in the decision of the bombay high court in the case of ..... ltd. v. cit in 203 itr 108. we also note that the "e" bench of the itat, kolkata, in ita no.968/k/05 dated 27.07.2005 considered a similar issue. in that case the a.o. had allowed deduction under section 80ib to the assessee engaged in housing projects. the deduction was claimed in respect .....

Dilip Mukherjee Vs. State of West Bengal

Court : Kolkata

..... in law and void on account of alleged submission of police report after the statutory period as embodied in section 167(5) cr. pc. as substituted by the west bengal amendment act, 1988, is out of the way.7. in view of the above discussion, the present application being devoid of any merit be dismissed.8. let a copy of this ..... basis of chargesheet alleged to have been submitted after expiry of the statutory period as embodied in sub-section (5) of 167 cr. pc, as substituted by the west bengal amendment act, 1988 is bad in law and void.5. so far as the first question above is concerned, the expression 'cognizance' means to take judicial notice of an offence alleged for ..... (ii) chn 96 argued that since the charge sheet was submitted beyond the period specified in sub-section (5) of section 167 cr. pc, as substituted by the west bengal amendment act, 1988, cognizance taken of the offence on the basis of such investigation is bad in law and void. mr. s.s. roy, learned counsel for the state, on the .....

Veer Probhu Marketing Limited and Etc. Vs. National Supply Corporation ...

Court : Kolkata

Reported in : AIR2006Cal301

..... . under such circumstances, having regard to the mandatory nature of the language incorporated in the said rule, the petitioner cannot get advantage of the order of amendment.33. accordingly, challenge is against ad interim orders not against the final order.34. in my view this point would have been very relevant had there ..... simultaneously. in support of his submission he has relied on the decision of a bombay high court judgment, reported in : air1993bom217 , ongc v. offshore enterprises; 2001 patent and trademark cases 319, colombia pictures association v. citi cable network, an unreported judgment of the learned single judge dated 20th december, 1999, safary ventures v. ..... that the defendant no. 2 and defendant no. 4, national commercial bank being the bankers of the nasco is acting in fraud and collusion with each other. after discovery of such facts the plaintiff had amended the plaint impleading national commercial bank of the party defendant in the said suit. the defendant no. 2 has .....

Sri Tribhanga Bihari Bhanja and ors. Vs. Sri Prahlad Chandra Tung and ...

Court : Kolkata

Reported in : (2006)3CALLT415(HC)

..... allowed to adduce fresh evidence at the appellate stage and much less so at the stage of letters patent appeal. then it observed:if the case had rested thus the matter would have been very simple apart from the amendment application. it seems to us however, that it is not possible to dispose of this case satisfactorily ..... saha in favour of chhoto indubala and kamalabala was a sham and collusive document. bipin created this benami document for special reasons. the document however, was never acted upon and bipin saha remained in possession of the 'kha' scheduled properties till his death after which it was inherited by his three surviving sons sadai, gadai and ..... 'ga' schedule property has been recorded in the name of the defendants. the plaintiffs filed an objection under section 44(2a) of the west bengal estates acquisition act for rectification of the record of rights but they became unsuccessful. the 1st defendant sold his share in the 'ga' schedule property to the 4th defendant while the .....

Ratipati Bandopadhyay and anr. Vs. Mrinalini Debi and ors.

Court : Kolkata

Reported in : 2006(4)CHN440

..... /petitioner is a co-sharer of the case land. accordingly, his prayer for pre-emption cannot be rejected in view of the amended provisions of section 8 of the said act, particularly when the effect of such amendment was given from 1969 retrospectively.18. mr. kishore mukherjee, learned advocate, appearing for the pre-emptee/opposite party, submitted that the ..... appearing for the petitioners, submitted by drawing my attention to the changes introduced in the laws of pre-emption by way of amendment of the provisions under section 8 of the said act. mr. mukherjee submitted that after such amendment, the concept of 'co-sharer of a holding' has been given a go-by by introduction of 'co-sharer of ..... a plot of land' in the place of 'co-sharer of the holding' in section 8 of the said act. thus, mr. mukherjee contended that .....