Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 78 repeal and saving Court: guwahati Page 3 of about 25 results (0.100 seconds)

Sashi Kanta Sarma Vs. District Judge and ors.

Court : Guwahati

..... under the scheme which provides for amendment or alteration of the scheme empowering the district judge to act on its own motion, in the instant case, the learned district judge has acted as persona designata and not as a court. therefore, ..... in population necessitating the increase of number of managing committee from existing number of seven. in that process the learned district judge, on 15.3.1995 ordered the proposed amendment in the following terms : '(a) sub-para 1 of para ii (except the note below) shall stand substituted as follows : '1. managing committee : there ..... the amended scheme vide impugned order dated 24.5.1995, in my considered opinion, has not determined the rights of the parties with regard to any controversy. that being so, it can be safely held that such orders are not judicial orders but only the administrative orders. as it patently appears that the court has acted .....

State of Nagaland and anr. Vs. Uco Bank and ors.

Court : Guwahati

..... court further observed that there may be cases where the error, irregularity or illegality touching jurisdiction or procedure by an inferior court or tribunal of first instance is so patent, and loudly obtrusive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. in a.v ..... case where the ratio available in surya devi rai v. ram chander rai and ors., [2003] 6 scc 675 will apply. the supreme court with reference to the amendment of section 115 of the code of civil procedure and its impact on jurisdiction under article 226 and 227 is of the view that the ..... process', if the court, tribunal or authority deciding the case, has ignored vital evidence and thereby arrived at erroneous conclusion or has misconstrued the provisions of the relevant act or misunderstood the scope of its jurisdiction, the constitutional power of the high court under articles 226 and 227 can be invoked to set right such errors and prevent gross .....

Jaiprakash Associates Limited (Cement Devision) Vs. State of Arunachal ...

Court : Guwahati

..... the facilities to the tax-payers to facilitate the trade, section 8a has been inserted by the second amendment act of 2005 with effect from may 12, 2005....113. from the provision of section 8a as inserted by the second amendment act of 2005, it is evident that the amount collected by way of tax is proposed to be spent for ..... of the tax and the facilities provided. whenever a levy is impugned as violative of article 301, the court has to determine if the impugned enactment, facially and patently, indicates any quantifiable data on the basis of which the compensatory tax is levied. such a legislation, if put to challenge, must facially indicate the benefit, ..... is compensatory or not was to enquire whether the traders, as a class, are having the use of certain facilities for better conduct of their business and paying not patently much more than what is required for providing facilities, the decision, in bhagatram rajeev kumar : 1994(4)scale1103 , reflected that even if some 'link', direct or .....

State of Assam and ors. Vs. Naresh Chandra Das and anr.

Court : Guwahati

..... at pages 45, 313, 379, 413, 785 etc. the rules were framed by the high court, an authority empowered by the government of india act. 1935 and the india provisional constitution (amendment) order, 1948 coupled with the assam high court order. 1948. in article 225 of the constitution, jurisdiction of the existing high court and the laws ..... of the power so conferred the high court framed rule 4 which prescribed a period of 30 days for preferring appeals under clause 10, letters patent. these rules are statutory rules and have the same binding force as an enactment of the legislature itself. we are of the opinion that the rules framed ..... prerogative, independent of and apartfrom the authority of parliament. they were a charter issued directly under the power delegated to the king by the act of parliament. clause 27 of the letters patent authorised the high-court to make rules and orders for regulating the practice of the court and for other purposes specified therein. by virtue .....

Sashi Prakash Vs. Government Pensioner's Association

Court : Guwahati

..... further submitted that no power to review an order passed in a contempt proceeding has been conferred by the statute and hence, the learned single judge was patently wrong in exercising such a power in the instant case. the jurisdiction under article 215 of the constitution is a jurisdictionto punish for contempt, contends the ..... judge is totally without jurisdiction inasmuch as the review of an order dropping a contempt proceeding is neither contemplated under the provisions of the contempt of courts act, 1971 nor under the provisions of article 215 of the constitution . according to the learned advocate general, the only remedy available against an order directing ..... in the said proceedings, the respondents (contemners) took up the plea that as the pension rules had been amended by the stategovernment in the meantime, i.e. by notification dt.,27.10.1998 and as such amendment had been given retrospective effect, the orders of payment passed by this court cannot be complied with. thereafter .....

MalIn Kanta Paul Vs. State of Tripura

Court : Guwahati

..... rules. for making such changes, statutory or constitutional authority does not require consent of the government employee. the government has even the power to amend the rules governing the conditions of service with retrospective effect. such a broadly pronounced position of law governing status of a government employee is, however ..... did not automatically apply to the state government pensioners unless the state government by separate order granted dearness relief to the state pensioners. the amendment was further necessary to remove discrimination between the rate of dearness relief/dearness allowance for the state government pensioners and state government employees. the ..... committed by the life insurance corporation was that it withdrew the letters patents appeal and allowed the judgment of the learned single judge to become final. by the time the letters patents appeal came up for hearing, the impugned act had already come into force and the life insurance corporation could, therefore .....

Tuahkhopao Changsan Vs. Enjalian Lengthang and ors.

Court : Guwahati

..... kamprai (supra) was correctly decided. after, the said decision has been rendered, 'the rule-making authority' found it just and appropriate to amend the proviso and amended 'the rules'. the words 'as amended from time to time' have been inserted after the words 'as published in the assam gazette extraordinary 5t 5th april, 1973'. this clearly indicates ..... , we hold that the commissioner committed an error apparent on the face of the record in setting aside the election of the petitioner. learned commissioner has committed patent error based on clear disregard of the election law and his decision is based on wronginterpretation of proviso to rule 133(6) of the 'rules'. in the ..... 6) of rule 133. as such, the proviso should be interpreted as bearing its plain and natural meaning. the proviso commands the parties to do certain positive acts and carry them out to get the allotment of symbol. accordingly, the construction of the words used in the proviso must be strict and bear its plain andnatural .....

J.P. Rai, Ias Vs. the State of Arunachal Pradesh and ors.

Court : Guwahati

Reported in : AIR2009Gau151

..... former letters patent mentioned, inter alia, that clause 36 referred to the powers of single judges and division courts appointed or ..... years of our region.' reference in the extracted portion aforesaid is to section 13 of the charter act. the said extracted portion was substituted by the words 'in pursuance of section one hundred and eight of the government of india act, 1915' by the amendment letters patent of march 11, 1919.13. paragraph 35 of the dispatch from the secretary of state accompanying the .....

Tolaram Bafna Artificial Limb and Caliper Centre and Others Vs. The St ...

Court : Guwahati

..... for certain information from the public information officer in the office of the deputy commissioner, kamrup (rural) as per the provisions of the right to information act, 2005 including the copy of the mou dated 11/06/2012. the petitioners also wanted to have the information as to whether the respondent no. 4 had ..... their nominee representative and deputy commissioner, kamrup or his nominee representative and the arbitration proceeding shall be governed by the provision of arbitration and conciliation act, 1996 or any amendment made thereto. clause 9 the gauhati high court and its subordinate courts shall have exclusive jurisdiction to try any matter relating to this mou. ..... which the writ petition has been structured are not valid ground to interfere with the same. the decisions on which he has placed reliance are as follows :- 1. (2005) 2 scc 689 (president, poornathrayisha seva sangham, thripunithura vs. k. thilakan kavenal and others). 2. (2012) 8 scc 216 (michigan rubber (india) ltd. vs .....

Sambhu Pandey Vs. State of Assam and ors.

Court : Guwahati

..... college was also in the meantime, provincialised along with other grants-in-aid colleges in the state in view of the assam college employees (provincialisation) act, 2005 (hereinafter referred to as the '2005 act'). in terms of the option available under section 3(d) of the said statute, one smti reba baruah, a selection grade lecturer in the department ..... mil) in both arts and commerce streams for the session 2002-2003 on receipt of prior concurrence of state government as per section 21(g) of the act as amended. that one post of lecturer in mathematics in the commerce stream had been sanctioned by the government is also demonstrated by order dated 16.6.1992 of ..... as the 'act') that as the subject hindi has no government concurrence, the notion of non-sanctioned post as comprehended in the office memorandum dated 17.7.2004 vis-a-vis the said subject in the college was not available and therefore, the contentions to the contrary raised on behalf of the petitioner are patently untenable.15. .....