Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 78 repeal and saving Court: mumbai Page 7 of about 230 results (0.154 seconds)

National Organic Chemical Industries Limited, a Company Incorporated U ...

Court : Mumbai

Reported in : 2007(4)BomCR653

..... of that court in the case of radhey shyam v. state of haryana 1997 (6) slr 1. 22. section 2(a) was inserted in this act by amendment act 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in relation to ..... and the employees in the regions is likely to be adverse disturbing industrial harmony understood in its larger sense. (5) while the appropriate government can examine the patent frivolousness of the demands, it shall not itself adjudicate on the demands made by the workman, which should be left to the labour court/tribunal concerned. the ..... 30th december 2004, the workmen raised a demand against the petitioner company demanding their absorption. this demand was opposed by the company vide their letter dated 19th april 2005. the matter was taken upto the deputy commissioner of labour, mumbai, where the workmen filed justification statement. the company filed reply. the workmen also issued notice to .....

Jeroo Dastur and 12 ors. Vs. Union of India (Uoi) Acting Through Asstt ...

Court : Mumbai

Reported in : 2008(1)BomCR36; (2007)109BOMLR2285; (2008)IILLJ358Bom; 2008(1)MhLj654

..... bench of that court in the case of radhey shyam v. state of haryana 1997 (6) slr 1 22 section 2(a) was inserted in this act by amendment act 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in relation to ..... employer and the employees in the regions is likely to be adverse disturbing industrial harmony understood in its larger sense.(5)while the appropriate government can examine the patent frivolousness of the demands, it shall not itself adjudicate on the demands made by the workman, which should be left to the labour court/tribunal concerned. ..... them and the workmen chances of amicably settling the dispute were remote and therefore the conciliation proceedings were concluded in failure and failure was recorded on 1.9.2005'. 40. the above pleadings clearly show that there existed a substantial dispute between the parties which prima facie satisfying the requirements of section 10 read with section .....

In Re: Megal Markus Pereira

Court : Mumbai

Reported in : AIR2006Bom273; 2006(6)ALLMR298

..... judge also proceeds to hold that letters patent would be included in expression 'any other law for the time being in force' and would be certainly covered by the expression 'instrument'.8. we may at once note that the challenge to the amendment to the bombay city civil court act, 1948 by maharashtra act 15 of 1987 in jamshed n. ..... guzdar v. state of maharashtra : air2005sc862 has now been rejected by the apex court and the power of the state legislature to enact the law has been upheld. it may also be noted that whether letters patent is an ..... jurisdiction of the district court in matters arising within its territorial jurisdiction. section 2(b) makes no referred to pecuniary jurisdiction as the act has been enacted with the object to consolidate and amend the law relating to the treatment and care of mentally ill persons, to make better provision with respect to their property and affairs .....

M/s. Tata Engineering and Locomotive Co. Ltd. Vs. State of Maharashtra

Court : Mumbai

..... seller of his right in the trade mark or patent. as has been set out in the statement of objects and reasons leading to the amendments noted above that the same were proposed to prevent unintended loss of revenue. certain amendments were necessitated for the purpose of effective implementation of the bst act. some of the amendments were given retrospective effect. once this intent is ..... the seller is entitled to use a patent in respect of the method or process of manufacturing the goods sold; the statement of objects and reasons leading to the amendments reads as under: in view of the experience gained in the working of the bombay sales tax act, 1959, certain amendments are proposed to be made in the act to prevent unintended loss of revenue .....

Employees State Insurance Corporation Vs. H. Fillunger and Co. Pvt. Lt ...

Court : Mumbai

Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom

..... that such right can be taken away by a subsequent enactment, either expressly or by necessary intendment. parliament while amending section 100a of the code of civil procedure, by amending act 22 of 2002 with effect from 1-7-2002, took away the letters patent power of the high court in the matter of appeal against an order of the learned single judge to ..... for the respondent - company, on the other hand, urged before us that the lpa is not maintainable as it has been filed against an order passed on 22/2/2005 i.e. after 1/7/2002 and the bar provided under section 100a of cpc shall be applicable. as per him the employees' insurance court has all the trappings of ..... corporation was upheld by the employees' insurance court at pune. when first appeal no. 696 of 2001 was decided by the learned single judge of this court on 22/2/2005, none had appeared for the appellant - corporation but the appeal was allowed on merits by a reasoned order, which is under challenge in this lpa.2. we had called .....

Mohanlal Bechardas Vs. the Bombay Life Assurance Co. and ors.

Court : Mumbai

Reported in : AIR1950Bom355; (1950)52BOMLR375

..... . we have to be satisfied that the order passed by the learned judge is a judgment within the meaning of clause 15 of the letters patent. what the learned judge did was to act under the provisions of order 9, rule 8. that rule makes it incumbent upon the court to dismiss a plaintiff's suit when the plaintiff ..... plaintiff has whose suit has been dismissed for default.3. mr. seervai has argued that inasmuch as the learned judge has given reasons in dismissing his application for amendment and his application for adjournment he is entitled to come to the court of appeal because those reasons would bind him and therefore he is entitled to challenge those ..... rule 8. that contention, in our opinion, is not tenable because the notes of the learned judge make it perfectly clear that after the application for adjournment and amendment of the plaint was refused counsel for the plaintiff obtained leave from the court to withdraw and in fact withdrew, and the only object for withdrawing was that the .....

Manubhai Vadilal Shah Vs. Hiralal Karsondas Bhakta and Others

Court : Mumbai

Reported in : 2000(1)ALLMR5; 2000(2)BomCR445

..... , j.1. this chamber summons is taken out by defendant no. 1 wherein he requested to revoke the leave granted by this court under clause xii of the letters patent act on 12-2-1997. in deciding this case, it is necessary to state certain facts relevant to this case. the plaintiff/respondent no. 1 filed a suit no. ..... material facts. to this allegation the reply of the counsel of the plaintiff is that there is a lacuna and he can at any time rectify that lacuna by amending the pleadings and also by adducing the evidence. the contention of the learned counsel for the plaintiff, can not be countenanced to because the court gets jurisdiction, particularly ..... jurisdiction in the court which it had not there at the commencement of the suit. first of all, such amendment will not be entertained. secondly when the court found that there is no jurisdiction, it can not entertain any amendment also. therefore, in this context, contention of the learned counsel for the plaintiff is devoid of any merits. .....

Shivram Sangram Yerme Vs. Harishchandra Bhujangrao Kawadekar

Court : Mumbai

Reported in : 2009(4)BomCR814; 2009(4)MhLj79

..... 2002, no letters patent appeal would be maintainable against the judgment rendered by the learned single judge of the high court ..... be maintainable under clause 15 of the letters patent against the judgment passed by the learned single judge of this court in exercise of its appellate jurisdiction?and the full bench has recorded the answer as under:(a) upon amendment of section 100a of the code of civil procedure by amending act of 2002 with effect from 1st july, ..... under the provisions of section 173 of the motor vehicles act, 1988.(b) appeal against the judgment of the .....

Alfred Wilkinson Vs. Grace Emily Wilkinson

Court : Mumbai

Reported in : AIR1923Bom321; (1923)25BOMLR945

..... mentioned, and by clause 35 the high court was to have 'jurisdiction in matters matrimonial between our subjects professing the christian religion.' clause 35 of the amended letters patent of 1865 was to the like effect except that the jurisdiction was extended to the presidency of bombay. further, section 130 of the government of india ..... law of this country be affected by the later decisions of the english courts? had the indian legislature thought fit to do so, they could have amended the indian divorce act to bring it into conformity with the views expressed in le mesurier v. le mesurier. they have not done so, and in no other way save ..... 11. the president in giving judgment said that the substantial question to be decided was whether the governor-general of india in council was authorised by the indian councils act, 1861, to establish courts having jurisdiction in india with power to decree the dissolution of the marriage of persons domiciled elsewhere, and whether the authority, if any, .....

The Shipping Development Fund Committee Vs. M.V. Charisma and anr.

Court : Mumbai

Reported in : AIR1981Bom42

..... this court continues to exercise by virtue of the provisions of clause 32 of the letters patent, 1865. in 1894 the merchant shipping act was re-enacted in england. section 31 thereof gave to the ship-mortgage power to sell the mortgage security without the intervention of ..... in india to be colonial courts of admiralty and the courts so declared had admiralty jurisdiction. this court being declared an admiralty court under the 1890 act, it exercised under the provisions thereof such admiralty jurisdiction as was exercised by the high court of admiralty in england under statute or otherwise. that jurisdiction ..... :--'an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board and a shipping development fund, to provide for the registration of indian ships and generally to amend and .....