Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 66 amendment of section 126 Year: 1988 Page 1 of about 39 results (0.219 seconds)

Naranbhai Jivram Patel Vs. Naranbhai Jothidas Patel and anr.

Court : Gujarat

Reported in : AIR1989Guj181; (1989)1GLR21

..... of the case clearly show that the matter fell within the purview of art. 227 of the constitution as it stood prior to the 42nd amendment act. in that view of the matter, the letters patent appeal is clearly incompetent and not maintainable. the same is, therefore, dismissed accordingly. in the facts and circumstances of the case, there will ..... otherwise fell under art. 227 of the constitution, as it stood prior to the 42nd amendment act.18. when we look at the judgment dt. 29 3-79 passed in special civil application no. 174 of 1978 out of which the present letters patent appeal has arisen, we find that the managing trustee and the principal of a secondary school ..... -2-77 and remained in force up to 19-679, when the 44th amendment act restored the position.10. the contention, therefore, was that no appeal was maintainable against the decision in question dated 29-3-79 in view of clause 15 of the letters patent and in view of the aforesaid constitutional position.11. as analysis of clause .....

In Re: Smt. Tarak Bala Dasi (Deceased)

Court : Kolkata

Reported in : (1989)1CALLT426(HC),93CWN812

..... law, including, in particular, the letters patent of the high court. mr. auddy also makes a specific reference to the second schedule to the act. with regard to the indian succession act, the said amendment act being city civil court amendment act, 1980, hereinafter referred to as the amendment act, makes certain amendments which are indicated in the second schedule. by ..... bequeathing the property which is situated within the limits of the state or 'bengal division' as contemplated in the letters patent, but outside the jurisdiction of city civil court after the said amendment act.in the result, i hold that in view of the aforesaid, this court cannot exercise jurisdiction over this testamentary proceedings ..... case is to what extent the jurisdiction of this court in testamentary and intestate matter conferred by clause 34 of the letters patent 1865 has been affected by the city civil court (amendment) act, 1980. in the case munik lal v. hira lal 54 cwn 225, it has been held that under clause .....

Banta Singh and ors. Vs. Union of India and ors.

Court : Punjab and Haryana

Reported in : AIR1988P& H308

..... award of the land acquisition officer itself was given on june 11, 1975 long period to the amending act and. (2) though the claimants had restricted their claims in the appeal before the learned single judge and in the letters patent appeal before the division bench, in view of section 28a they are entitled to be paid compensation ..... view of the fact that solatium and interest need not be specifically claimed and court-fee paid, they also got the increased solatium and interest as per the amended act.7. as noticed, earlier this application has been filed under section 149 read with section 151 of the code of civil procedure. this is not an ..... claimed in the appeal as also the solatium and interest was directed to be paid.5. the land acquisition act, 1894 was amended by the land acquisition (amendment)act, 1984(act no. 68 of 1984). sub-section (2) of section 23 was amended by this amending act by providing 30 per centum solatium instead of 15 per centum. section l8, clause (a) of the .....

Ram Bagas Taparia Vs. Ram Chandra Pal

Court : Supreme Court of India

Reported in : AIR1989SC426; JT1988(4)SC436; 1988(2)SCALE1550; (1989)1SCC257; 1989(1)LC252(SC)

..... held that the earlier deposits made by the appellant with the rent controller would not constitute valid deposits under section 17(1) of the amended act and summed up the position as follows :therefore, i am of the view that the defendant-tenant under section 17 (1) is required to deposit not only sums which are ..... ), he should have withdrawn the invalid deposits made in the office of the rent controller and deposited the amount afresh in terms of section 17(1) of the act.8. in the letters patent appeal it was contended on behalf of the appellant that the view taken by the learned single judge was hyper-technical and that it would be only a ..... it was urged by him that the adverse finding of the learned single judge on ground no. 2 had not even been canvassed before the division bench in the letters patent appeal and, as such mr. mukherjee is not entitled to contend that the respondent can sup- port the decree for eviction on the second ground of requirement also under clause .....

Christianson Vs. Colt Indus.

Court : US Supreme Court

..... the complaint can so suffice. but since respondent has asked us to rule in its favor on the ground that petitioners' complaint added a patent law claim through constructive amendment, i think we should make it perfectly clear that, even though respondent's approach to the jurisdictional question is sound, its application of ..... 1338 of this title." title 28 u.s.c. 1338(a), in turn, grants the federal district courts "original jurisdiction of any civil action arising under any act of congress relating to patents. . . ." as the court correctly states, ante at 486 u. s. 807 -810, 1338 jurisdiction, like 1331 jurisdiction, is over claims, not issues. ..... law would contravene the whole trend of jurisdictional legislation by congress, disregard the effective functioning of the federal judicial system and distort the limited procedural purpose of the declaratory judgment act"); federated department stores, inc. v. moitie, 452 u. s. 394 , 452 u. s. 397 , n. 2 (1981) (district court properly found that .....

Tara Properties Pvt. Ltd. Vs. Allied Resins and Chemicals Ltd.

Court : Kolkata

Reported in : AIR1989Cal192

..... maintainable as the order under appeal is not an appealable order under the code and does not come u nder the purview of clause 15 of the letters patent, he submitted that the proposed amendments in the plaint have been made under order 6 rule 17 of c. p. c. and order 43 rule 1 of c.p.c. lays down the ..... mahawar's case (supra) the plaintiff instituted a suit for the eviction of a tenant on the ground of default in the payment of rent under west bengal premises tenancy act, 1956 and it was alleged that during the pendency of the suit the tenant defendant had made certain unauthorised constructions in the premises and the plaintiff made an application for ..... considered at the hearing of the suit and not at this stage.' in the case of pronati mitra (supra) it was held in connection with the amendment of plaint under the w. b. premises tenancy act that if any ground is added subsequently that cannot change the cause of action or the nature of the suit. the suit remains one for eviction .....

Ahmedabad Khangi Prathmik Shala Sanchalak Sangh Vs. State of Gujarat a ...

Court : Gujarat

Reported in : AIR1989Guj225; (1989)1GLR1

..... patent appeal is against the order of the learned single judge passed in special civil application no. 1077 of 1988. in that special civil application, the appellant herein questioned the authority of the tribunal constituted as early as 23-1-1987, by a notification issued by virtue of the power conferred under s. 40f introduced by the bombay primary education (gujarat amendment) act ..... has filed the above said letters patent appeal.3. mr. panchal, the learned counsel appearing for the appellant submitted that the government derives power to amend the original notification only by virtue of s. 21 of the bombay general clauses act 1904 and that the said amendment carried out as late as 31st ..... from the facts that the authority concerned, by virtue of the power conferred upon it under s. 4of introduced by the bombay primary education (gujarat amendment) act, 1986, constituted the tribunal as early as 23-1-1987. in that notification, it has been wrongly mentioned as 'for the purpose of chap. .....

Griffon Laboratories Pvt. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(41)ELT613TriDel

..... alternative he argued that if the goods are held classifiable under t.i. 68 the benefit of exemption notification 234/82-c.e., dated 1-11-1982 as amended serial no. 21 "all bulk drugs, medicines and drug-intermediates not elsewhere specified" should be granted to the appellants with consequential relief.5. shri sunder rajan ..... central excise tariff for the purpose of additional duty of customs of trithioparame thoxyphenyl propene powder (tpp powder) - whether they fall under t.i. 14e cet patent or proprietary medicines as claimed by the appellant importer or residuary tariff item 68 as held by the lower authorities and in the alternative whether consequent to classification ..... petitioners could not be allowed to raise the contention that vegetable tallow was not a vegetable product falling under item 13 of the first schedule to the act, but was a vegetable non-essential oil falling under item 12 of the first schedule especially when there was no material on record to decide the classification .....

Indian Bank Vs. Datta Venkata Chinna Krishna Raju

Court : Andhra Pradesh

Reported in : [1989]65CompCas451(AP)

..... to achieve different objects altogether. on the above reasoning, the learned judge held that section 21a does not, and cannot have the effect of repealing the said madras (amendment) act - a state law covering the field of agricultural indebtedness, which is a state subject. we do not propose to go into the correctness of the said decision which ..... the united kingdom or due to any corporation formed in pursuance of any special indian law or royal charter or letters patent' are declared to be exempted from the operation of the general provisions contained in the act. insertion of such a provision was made by the ultimate political authority which the britishers held over us in those ..... parliament of the united kingdom or of any special indian law or royal charter or letters patent' was not applicable to the indian bank constituted by act 5 of 1970. the decision in krishna murthy's case, air 1983 ap 347, held that those words 'special indian law' refer to enactments of imperial parliament .....

Duncan Agro Industries Ltd. Vs. Union of India

Court : Delhi

Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)

..... and the records are maintained there and there is no contemplation of transfer of pending cases in section 11-a. support is taken from section 8 of the amendment act, 1985 which provides for the transfer of proceedings pending before the assistant collector to the collector of central excise on the vesting of the vesting of the ..... respondents in proceeding simultaneously with the show cause notices dated march 5, 1986 and april 9/21, 1986 and the criminal complaint dated october 16, 1986 is patently discriminatory and vocative of article 20(3) of the constitution of india. it is urged that the petitioners are entitled to keep their mouth shut if the answer ..... april 9/21, 1986 and the criminal complaint dated october 16, 1986 based on identical allegation of fact are patently vocative of article 20(3) of the constitution. iv. that the scheme of arrangement under the companies act, 1956 between duncan's and ntc sanctioned by the calcutta high court makes clear provisions for the discharge of .....