Court : Delhi
Decided on : Dec-20-2017
..... . the question arose for the first time if the words any other remedy in clause (3) of article 226 included the remedy by way of suit after the constitution (42nd amendment) act, 1976. in resolving the question, the material reasoning should, in my opinion, be as follows: (1) & (2) xxxx (3) grounds for awarding certiorari and prohibition, ..... /2017 page 17 of 18 steel, vide and in terms of the note in the notification no.52/2017. we are, therefore, not issuing notice on the application for amendment of the writ petition. there would be no order as to costs. december20h , 2017 ssn/vkr (sanjiv khanna) judge (prathiba m. singh) judge w.p. (c) ..... the following: (a) grades aisi420high carbon, 443,441, en14835, 1.4547, 1.4539, 1.4438, 1.4318, 1.4833 and en14509; (b) product supplied under indian patent no.223848 in respect of goods comprising low nickel containing chromium-nickel manganese-copper austenitic stainless steel and representing grades yu1and yu4 produced and supplied by m/s yieh united .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-2017
..... clearly indicates that the grievance sought to be agitated by the plaintiffs are regarding alleged infringement of their designs and copyright. the plaintiffs have also subsequently amended the plaint to specifically indicate the designs, which are allegedly infringed and their copyright in the drawings, which cs(os) 2934/2011 page 12 of ..... was allowed and the registration of the said design has been since cancelled. however, an appeal preferred against such cancellation is pending before the controller of patents.9. the plaintiffs also claim infringement of their copyright in drawings in respect of the following parts used in the infringing product:-"1. hose retainer 2. ..... the present suit was liable to be dismissed.12. next, mr haksar submitted that by virtue of section 52(1)(w) of the copyright act, 1957 (hereafter the copyright act ), making of three dimensional objects (allegedly infringing parts) from two dimensional technical drawings of a purely functional part or a device would not .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-2017
..... by way of examination-in-chief and which invariably is a repetition of the contents of the plaint. the plaint otherwise, as per the amended cpc, besides being verified, is also supported by affidavits of the plaintiffs. i fail to fathom any reason for according any additional sanctity to ..... maintained by the plaintiffs. the plaintiffs have made substantial investments in market research, development of new technology, advertising and promotion of its unique and patented mineral water purifier under the trademark kent. the plaintiffs have extracted details with regard to annual sales and amounts incurred in advertisement at para 19 ..... of the plaintiffs.16. on 27th october, 2016, this court had restrained the defendants, their distributors, dealers, stockists, retailers, servants, agents and all others acting on their behalf from manufacturing, selling, importing, offering for sale, advertising and directly or indirectly dealing in any products: i. that infringe the plaintiffs registered .....
Tag this Judgment!Court : Delhi
Decided on : Dec-18-2017
..... application, had the certificate been produced on time by the petitioners. however, it appears that the petitioners elected not to do so and instead filed an application for seeking amendment of the earlier succession certificate granted in their favour that was decided only on 29.11.2007.7. after a passage of 8 years, the petitioners approached the tribunal ..... the petitioner no.1/widow of the deceased, was 78 years of age and who was in receipt of family pension. as a result, the petition was dismissed as patently wp(c) no.11279/2017 page 1 of 4 barred by limitation and bereft of any merits.3. challenging, the judgment of the tribunal, learned counsel for the petitioners ..... along with other legal heirs of late shri sugar singh before the competent court of law at palwal by filing a petition under section 372 of the indian succession act. the said petition was registered as case no.7/1997 and the succession certificate was granted to the petitioners and other lrs on 23.08.2002.4. on .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-15-2017
..... frame rules does not authorize the central government to adopt measures which might be recommended by an international convention. though an amendment was brought to cotpa vide 154 2007 amendment (amendment act 38 of 2007), the said amendment is not pursuant to any international treaty or convention not is it for implementation of fctc. the stand of the ..... but in 463 the process the fundamental rights of the petitioners have been violated. he has drawn our attention to answers sought under the right to information act, 2005, so as to ascertain as to what was the basis or the material that weighed with the department of health and family welfare, to choose the specified ..... . state of mysore [air1964sc1823, the same view has been taken. the aforesaid judgments have been referred to in bannari amman sugars limited vs. commercial tax officer, [2005 (1) scc625, wherein 314 it has been held that what the court has to see is, whether the substance of the requirement of article 166 has been complied .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2017
..... , is also rejected.21. yet another argument has been made that since section 10a and 26a were brought in together by an amendment act in 1982, it must, therefore, somehow be assumed that the amendment act necessarily included a mandatory consultation with the dtab set up under section 5. we have already pointed out how the very ..... made thereunder; (l) require that the accepted scientific name of any specified drug shall be displayed in the prescribed manner on the label or wrapper of any patent or proprietary medicine containing such drug; 27 [****]. (n) prescribe the powers and duties of inspectors and the qualifications of the authority to which such inspectors ..... , or is misbranded, adulterated or spurious; (ii) any cosmetic which is not of a standard quality or is misbranded, adulterated or spurious; (iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof the true formula or list of active ingredients contained in it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2017
..... to hold: 38. considering the traditionally recognised role of counsel in the common law system, and the evil sought to be remedied by parliament by the c.p.c. (amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing the compromise decree to comprehend ..... selection and for enforceability of the special rules in that regard. therefore there is no patent conflict or inconsistency at all between the general and the special rules. in central bank of india v. state of kerala (2009) 4 scc94at 141-42, the non- ..... the general rules though later in point of time would abrogate the special rule the scope of which is very clear and which co-exists particularly when no patent conflict or inconsistency can be spelt out. as already noted rules 1(3)(a), 3(1) and 4 of the general rules themselves provide for promotion by .....
Tag this Judgment!Court : Delhi
Decided on : Dec-13-2017
..... 9 specifically enumerated under order xliii of the code of civil procedure, 1908 as amended by this act and section 37 of the arbitration and conciliation act, 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 decree ..... (1a )of the amended provision.9. in support of his submissions, mr. lall has placed reliance on para 6 the judgment of ..... otherwise than in accordance with the provisions of this act. (emphasis supplied) 8. it is contended by mr. c.m. lall, ld. senior counsel appearing for the respondents/plaintiffs, that by way of entry 9 to the schedule to the commercial courts act, order xviii of the cpc stood amended. categorical reliance has been placed on sub- rule .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2017
..... to the learned senior counsel, having regard to the judgments of this court, and having regard to the changes made by the constitution (forty-sixth amendment) act, contained in article 366 (29-a), and further having regard to the fact that despite such changes having been made, no such change as was made ..... composite contracts cannot be the subject-matter of sales tax legislation, as was held in those judgments. 1011) bearing these judgments in mind, parliament amended the constitution and introduced the constitution (forty-sixth amendment) act, by which it introduced article 366 (29-a). sub-clause (f), with which we are directly concerned, reads as follows:- 366. (29a ..... sales between dealers and neither the hotels and restaurants of the one part and customers of the other falls within this categorization. 4) in a letters patent appeal filed before the delhi high court, by a judgment dated 11.02.2015, the division bench recorded that the counsel for the writ petitioners was .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-08-2017
..... this belated stage is not an option for which this court should either relegate the parties or refuse to appoint arbitrator under section 11(6) of the act. moreover, the amendment in law removes the rigour of those precedents.17. as far as the name of the arbitrator suggested from the panel of the arbitrators including the ..... in law. 7. it may be noticed here that all these judgments relied upon by the learned counsel for the respondent were prior to the amendment of section 11 of the act effected by act no.3 of 2016 w.e.f. 23.10.2015.8. on the other hand, mr.udaya holla, senior counsel appearing with mr.vivek ..... him is final and insert the words the high court, and no appeal, including letters patent appeal, shall lie against such order. [note : this amendment ensures that a) an affirmative judicial finding regarding the existence of the arbitration agreement; and (b) the administrative act of appointing the arbitrator are final and non-appealabe].. 10. besides the aforesaid law commission .....
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