Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 71 substitution of new section for section 143 Court: rajasthan Page 1 of about 9 results (0.282 seconds)

Ramdhan Vs. Bhanwarlal

Court : Rajasthan

Reported in : AIR1985Raj185; 1983()WLN439

..... notwithstanding anything contained in the letters patent of the high court or any other law for the time being in force. the bill also proposed for deletion of chapter iv-a of part vi of the act relating to appeals. however, when the bill finally emerged from the parliament and was enacted as amending act no. 47 of 1966, clause ..... the letters patent against an order passed by a single judge of the high court under section 39(1) and it was argued before their lordships that an intra court appeal was not prohibited. 33. their lordships of the supreme court took notice of the fact that the arbitration act of 1940 was a consolidating and amending act and was ..... to avoid all possible delays in the disposal of election petitions filed in respect of legislative assembly and parliamentary elections that drastic changes were made in the act by the amending act no. 47 of 1966 and changed the forum of trial of the election petition from the district judge to the high court in the hope and expectation .....

Smt. Priti Parihar Vs. Kailash Singh

Court : Rajasthan

Reported in : 1977WLN357

..... other statutes including the letters patent. in our view, the aforesaid dictum of shah j., is applicable o the provisions of the act as well, which was connected to amend & codify the law relating to the marriages among the hindus. moreover, it will be fair to assume that by the amendments introduced in the act by the provisions of the amending act no. 68 of 1976, the ..... expressed the view that section 39 of the arbitration act restricted the right of appeal, which was otherwise available under the letters patent against the order passed by a single judge of a high court. it was pointed out by shah j. in the aforesaid case, that the arbitration act was a consolidation and amending act and as it was substantially a code relating to .....

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

..... learned single judge of the high court in a proceeding under article 226 or 227 of the constitution of india. thus, amendment was made in the code of civil procedure (amendment) act, 2002 and further appeal (letters patent appeal) was abolished only against the judgment of a learned single judge in first appeal and right of appeal against the ..... of rent of agricultural land from the produce of such land.'14. section 100-a was inserted by the code of civil procedure (amendment) act, 1976 declaring that --'notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other law for the time being in ..... j.) was a party. the division bench held that in view of section 100a of the code of civil procedure (amendment) act, 2002, appeals filed after 1-7-2002 are not maintainable and only such letters patent appeals saved are those filed prior to 1-7-2002 whether they have been admitted or not. the question in the instant .....

Badridass Kanhaiyalal and anr. Vs. Appellate Tribunal of State Transpo ...

Court : Rajasthan

Reported in : AIR1960Raj105

..... , give notice in writing to the state government of the acquisition of such interest and shall vacate office.'31. section 44(2) of the act was substantially amended by motor vehicles amendment act of 1956 and it now stands as follows:'a state transport authority or a regional transport authority, shall consist of a chairman who has had ..... suffers with patent want of jurisdiction.54. mr. chhangani referred to the provision of section 24 of the general clauses act in order to show that the establishment of the state transport authority and the appointment of its members continued to have legal force even after the coming into force, of the motor vehicles amendment act of 1956.55 ..... the provision of section 44 (2) of the act was not the same as it now stands and the authority which framed rule 76 could have had no idea of the amendment which was introduced in 1956.thus, there: is no basis for thinking that the two patently inconsistent provisions of law were made by the legislature .....

Yamuna Shanker Sharma Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : RLW2004(1)Raj665

..... the said resolution no. 23 (annex.r/7) was passed keeping in view the fact that the rajasthan universities teachers & officers (selection for appointment) amendment act, 2003 (hereinafter referred to as the 'amendment act of 2003') was passed on 5.4.2003 and the existing sub-section (3) of section 3 of the rajasthan universities teachers & officers (selection ..... over the matters of examinations and appointments.10. the interference in matters of university through writ jurisdiction should be made only when;-(1) that there is a patent and undoubted violation of a provision in the statute or regulation or ordinance governing the particular subject;(2) that this non-compliance or violation should have directly ..... dated 25.4.2003 cannot be sustained.19. so far as the deletion of sub-section (3) of section 3 of the act of 1974 by the amendment act of 2003 is concerned, that amendment would not affect the rights of the petitioner as it came into force with effect from 1st jan. 2003 and prior to that .....

Vikas Verma @ Vicky and Ors Vs. State

Court : Rajasthan Jodhpur

..... organisation or any other person to do or abstain db cra no.565/2005 & 574/2005 5/23 from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine. . 12.section 364a ipc was amended vide amendment act no.42 of 1993. it is manifest from the statement of objects and ..... to be dealt with an iron hand. those who indulge in such crime for their lust for money can not be shown any undue sympathy or leniency. 13.it is patent from the perusal of section 364a ipc that offence of kidnapping or abduction for ransom accompanied by threat to cause death or hurt contemplates punishment with death. it is, ..... the crime. . we fully endorse the above view once again.34. it is relevant to point out that section 364-a had been introduced in the ipc by virtue of amendment act 42 of 1993. the statement of objects and reasons is as follows:- 1. kidnappings by terrorists for ransom, for creating panic amongst the people and for securing release of .....

Mahendra Singh @ Happy Vs. State

Court : Rajasthan Jodhpur

..... organisation or any other person to do or abstain db cra no.565/2005 & 574/2005 5/23 from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine. . 12.section 364a ipc was amended vide amendment act no.42 of 1993. it is manifest from the statement of objects and ..... to be dealt with an iron hand. those who indulge in such crime for their lust for money can not be shown any undue sympathy or leniency. 13.it is patent from the perusal of section 364a ipc that offence of kidnapping or abduction for ransom accompanied by threat to cause death or hurt contemplates punishment with death. it is, ..... the crime. . we fully endorse the above view once again.34. it is relevant to point out that section 364-a had been introduced in the ipc by virtue of amendment act 42 of 1993. the statement of objects and reasons is as follows:- 1. kidnappings by terrorists for ransom, for creating panic amongst the people and for securing release of .....

Uco Bank and anr. Etc. Vs. Roopa Ram and Etc.

Court : Rajasthan

Reported in : AIR2003Raj222; RLW2003(4)Raj2167; 2003(3)WLC284

..... further appeal shall he from the judgment, decision or order of such single judge.' 5. there was opposition by the bar to the certain amendments made under the c.p.c. (amendment) act, 1999 which included prohibition of letters patent appeal to the division bench against the decision and order rendered by the single judge of the high court in the proceedings under articles ..... of new section for section 100-a.--for section 100-a of the principal act (as substituted by section 10 of the code of civil procedure (amendment) act, 1999), the following section shall be substituted, namely:--100-a. no further appeal in certain cases.-- notwithstanding anything contained in any letters patent for any high court or in any instrument having the force of law .....

Sukh Dev Vs. Prakash Chandra

Court : Rajasthan

..... as it can be made applicable, in all proceedings in any court of civil jurisdiction. the explanation to that section inserted by the code of civil procedure (amendment) act, 1976, provides as follows:explanation.- in this section, the expression 'proceedings' includes proceedings under order ix, but does not include any proceeding under article 226 of ..... . nihalchand weaghajibhai shaha 1989 mh lj 695 and various judgments of high courts and supreme court have been considered, wherein interpreting clause 15 of the letters patent of bombay high court, it has been held that whether appeal before the division bench lies against the order of single judge, depends upon in the ..... of their arguments, learned counsels relied upon the judgment of this court delivered in the case of ramesh chand tiwari and ors. v. board of revenue and ors. 2005 (2) wlc (raj.) 305 and the judgment of the hon'ble supreme court delivered in the case of sushilabai laxminarayan mudliyar and ors. v. nihalchand waghajibai .....

Koheera Finishing Centre Vs. Regional Director, E.S.i. and anr.

Court : Rajasthan

Reported in : 2008ACJ541; RLW2008(1)Raj27

..... been provided before the high court under section 10f of the act, that is, an appeal from the original order. then in that case, no further letters patent appeal shall lie to the division bench of the same high court. this amendment has taken away the power of the letters patent in the matter where the learned single judge hears an ..... appeal from the original order. original order in the present case was passed by clb exercising the power under section 397 and 398 of the act and appeal has been preferred under section ..... to the repeal act of 2001, amendment in cpc was brought w.e.f. 1.7.2002. as per amended provisions of section 100a c.p.c. if any appeal from an original or appellate decree or order is heard and decided by the learned single judge of the high court, no notwithstanding further anything letters patent contained in any appeal .....