Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 78 repeal and saving Court: delhi Page 9 of about 418 results (2.393 seconds)

Municipal Corporation of Delhi Vs. Kuldip Lal Bhandari and ors.

Court : Delhi

Reported in : AIR1970Delhi37; 5(1969)DLT543

..... common law independent of any statute. the claim nto being a creation of any particular statute, it would be reasonable to suppose that the provisions of the mtoor vehicles (amendment) act, 1956 were intended only to expedite the trial of such a claim by the establishment of claims tribunals. the statute did nto toherwise intend to cut down or modify ..... that the judgment of the high court in an appeal against the decision of the commissioner would nto be judgment within the meaning of clause 10 of the letters patent. we have already explained that the privy council decision was based on the special facts of the case. since no toher reasons are given by the punjab high ..... that the decision of the learned single judge against which this appeal purports to be made is nto a 'judgment' within the meaning of clause 10 of the letters patent. the divion bench speaking through my lord the chief justice surveyed the relevant case law on the subject and referred the matter to the full bench on the 15th .....

Amina Bharatram Vs. Sumant Bharatram and ors.

Court : Delhi

..... equated with the exercise of powers by a district court. it is not possible to accept that view as the letters patent can be amended by the legislature. it would therefore be consistent with the scheme of the act and its purpose and also in the public interest to take the view that the phrase 'district court' in sections 7 ..... delhi 615 (db), in which it was held as under: it was held by the division bench that after the coming into force of the delhi high court act, 1966, as amended, this court (delhi high court) has become the principal civil court of original jurisdiction with respect to every suit the value of which exceeds fifty thousand rupees. ..... only of the civil court limit to the district court within city civil limits of the high court. she argued that there is no notification or amendment to the high court act and rules that release the family court from its pecuniary jurisdiction limit. thus, the suit cannot be entertained by the family courts where the pecuniary jurisdiction .....

Patna Water Supply Distribution Network Pvt. Ltd. Vs.bihar Urban Infr ...

Court : Delhi

..... with.38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... in paragraphs 36 to 39 of associate builders (supra). explanation 2 to section 34(2)(b)(ii) and explanation 2 to section 48(2)(b)(ii) was added by the amendment act only so that western geco (supra), in associate builders (supra), and paragraphs 28 and 29 in particular, is now understood as o.m.p. (comm) 229/2019 page ..... approach, the court's intervention would be on the merits of the award, which cannot be permitted post amendment. however, insofar as principles of natural justice are concerned, as contained in sections 18 and 34(2)(a)(iii) of the 1996 act, these continue to be grounds of challenge of an award, as is contained in paragraph 30 of .....

Bayer Corporation and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : LC2010(1)242

..... expressed any intention, significantly, to place patent superintendence, or policing powers, with drug agencies.' courts were not expected to fill the gaps in public policy spaces. ..... the united states of america (u.s.a). the dca itself has been amended several times since its initial enactment in 1940 and there has never been an attempt to being about any linkage between the dca and the patents act. he reiterates the submission made before the single judge that the scheme and ..... drug under the patents act, then in terms of section 2 dca no application by a nonpatenetee for marketing approval of such drug can even be entertained, could not be accepted since that was not the intention of the parliament. it was pointed out that although important amendments were made to the patents act in 2005, 'parliament never .....

Cref Finance Limited Vs. Puri Construction Ltd. and ors.

Court : Delhi

Reported in : AIR2001Delhi414; 2001(60)DRJ85

..... to a division bench is expressly granted. but the letters patent are declared by cl.37 subject to the legislative power of the governor-general in council and also of the governor in-council under the government of india act, 1915, and may in all respects by amended or altered in exercise of legislative authority. under section 39( ..... lpa would lie. in south asia industries' case (supra), the question relating to maintainability of an appeal in the letters patent was considered in the background of section 39 of the delhi rent control act, 1958. following observations as regards maintainability of an appeal under the letters parent when there is a bar in some other ..... india vs. mohindra supply co : [1962]3scr497 considered the question whether section 39(2) of the indian arbitration act, 1940, has taken away the right of appeal under the letter patent. section 39(2) of the said act reads as follows: 'no second appeal shall lie from an order passed in appeal under this section, but nothing .....

Jaswinder Singh and Another Vs. Mrigendra Pritam Vikramsingh Steiner a ...

Court : Delhi

..... were abolished. it is in exercise of powers under the indian high courts act, 1861 that the letters patent of 1862 was issued establishing the high courts in the three presidency towns of calcutta, bombay and madras. in 1865, the indian high courts act was amended so as to authorize the the governor general in council to alter the ..... civil jurisdiction (clause 11) and conferring the said ordinary original civil jurisdiction on the chartered courts (clause 12). there are no corresponding provisions in the letters patent of the other high courts to these clauses. clause 13 refers to the extraordinary original civil jurisdiction of the high courts which was exercised when the suits ..... section 10(1) of the said act to say that the appeal would be maintainable in view of these two provisions read together. the same is the reasoning in sahil singh vs. harpreet singh 118 (2005) dlt 350, crocodile vs. lacoste 2008 (100) drj 547 and magotteaux industries pvtl ltd. and ors. vs. aia engineering ltd. .....

Merck Sharp and Dohme Corporation and Another Vs. Glenmark Pharmaceuti ...

Court : Delhi

..... section 67 (1) of the act provides that there shall be kept at the patent office a register of patents, wherein shall be entered (a) the names and addresses of grantees of patents; (b) notifications of assignments and of transmissions of patents, of licenses under patents, and of amendments, extension and revocations of patents; and (c) particulars of ..... , has retained the expression 100 mg tablet'. 14. grant of patent for sitagliptin phosphate monohydrate on indian patent application no. 5948/delnp/2005 was not possible under the indian laws because of section 3(d) of the act. suit patent is the basic patent for sitagliptin and its pharmaceutically acceptable salts, in all its forms ..... more preferably constitute or include proline or proline mimetics. sitagliptin does not contain either proline or a proline mimetic. as demonstrated by kim et al. (2005) [exhibit pw2/7], it is the 2,4,5 trifluoromethylphenyl ring of sitagliptin that binds to the dppiv active site that normally would bind to .....

Myspace Inc. Vs.super Cassettes Industries Ltd.

Court : Delhi

..... intermediaries in india subject to certain terms enunciated thereunder. this court is conscious that a significant amendment to this provision took place in 2008; the information technology amendment act was brought into force on 5 february, 2009. however, that amendment brought in greater clarity to the nature of duty and the circumstances whereby intermediaries could be ..... other law for the time being in force. provided that nothing contained in this act shall restrict any person from exercising any right conferred under the copyright act, 1957 (14 of 1957) or the patents act, 1970 (39 of 1970) interestingly, the amendment to section 79 came into effect from 27.10.2009 and through the same ..... to consider the issue of copyright infringement in the context of software that had potentially infringing use. in mgm studios inc v grokster, ltd 545 us913(2005) the proper test in such cases was laid down: we hold that one who distributes a device with the object of promoting its use to infringe .....

True Chem Pharma (P) Ltd. Vs. Collector of Central Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1992)(38)ECC22

..... excise leviable thereon constituted non-excisable goods, and for this reason they should not have been clubbed with patent and proprietary medicines in computing the aggregate value of clearances under notification no. 80/80-c.e. (as amended) for determining the limit of rs. 20 lakhs.3. we heard shri naveen mullick, the learned ..... 2. the main point raised by the appellants in their written submissions is that they were not manufacturers of patent and proprietary medicines in terms of section 2(f) of the central excises & salt act inasmuch as they had neither employed or hired any labour nor undertaken any process incidental or ancillary to the ..... who were manufacturing cotton fabrics through ankleshwar handloom weavers cooperative purchaser society can be said to be manufacturers within the meaning of section 2(f) of the act. answering this question in affirmative, the division bench made the following pertinent observations: "section 2(f)(ii) lays down that a manufacturer shall include 'not .....

Sham Lal Vs. Joint Hindu Family Firm Ram Chand Shri Ram and ors.

Court : Delhi

Reported in : ILR1972Delhi841

..... and pleaded that the decree could not be executed without the previous permission in writing of the competent authority under section 19 of the slum areas act as amended by amendment act no. 43 of 1964. it was contended before the executing court on behalf of the decree holders that mst. rama was not a tenant and ..... the trial court, and restored the execution application for being further proceeded with. it is against the judgment of the learned single judge that this letters patent appeal has been filed by sham lal, one of the legal representatives of mst. rama. the two landlords are respondents 1 and 2, and the ..... 7, were not entitled to plead the provision in section 19(1)(b) as a bar against their eviction. (10) the letters patent appeal fails and is dismissed. but, in the circumstances, we make no order as to costs.--- *** --- ..... t.v.r. tatachari, j.(1) this letters patent appeal has been filed by sham lal against the judgment of p. n. khanna j., dated march 16, 1971, in execution second .....