Judgment Search Results Home > Cases Phrase: patents amendment act 2005 section 78 repeal and saving Court: mumbai Page 9 of about 230 results (0.133 seconds)

Balu Harshet Shetye Vs. Shrikishna Govind Kulkarni

Court : Mumbai

Reported in : AIR1930Bom224; (1930)32BOMLR185

..... leave will be necessary as regards all decisions in second appeals by a single high court judge. these rulings were, however, on clause 15 of the letters patent as it stood before the final amendment, which was made in 1928 and came into force on february 1, 1929 ; and there is none since.5. the judgments now challenged were recorded in the ..... is a decision of this court reported in badruddin v. sitaram : air1928bom371 , and made on april 2, 1928. this case was decided by fawcett and mirza jj. after the first amendment of clause 15 of the letters patent on december 9, 1927, coming into effect on february 2, 1928. the view taken1 by these learned judges was that the ..... . looking at clause 15 of the letters patent as it stands since the last amendment came into effect, i find that it provides that there shall be an appeal from the judgment of one judge of the high court or one judge of any division court, pursuant to section 108 of the government of india act, and a further right of appeal from .....

Mrs. Mangala W/O Sharad Mutha and ors. Vs. the State of Maharashtra Th ...

Court : Mumbai

Reported in : 2009(111)BomLR3186

..... rai v. ramchandra reported in : air 2003 supreme court 3044, the supreme court was considering the question of impact of amendment in section 115 of civil procedure code brought in to force by act no. 47 of 1999 with effect from 01.07.2002, on the powers of the high court to entertain writ of certiorari ..... court that the writ petitions were filed under article 227 of the constitution and the learned single judge was exercising supervisory jurisdiction and, therefore, letters patent appeal was not maintainable. the supreme court on facts found that the learned single judge was exercising supervisory jurisdiction under article 227 of the constitution over ..... also special leave petition was preferred before the apex court and the same was also dismissed. the appellants/objectors, thereafter, moved an application dated 07.12.2005 before the collector raising several objections to the executability of the decree and sending the matter back to the civil court for correction of decree. according .....

S. Narendra Kumar and Co. Vs. Apricot Foods Pvt. Ltd.

Court : Mumbai

..... filing the present suit and failing to secure any interim relief in the matter, the plaintiff went ahead and secured leave under clause 14 of the letters patent ex parte and/or without notice to the defendant. it is therefore submitted that the plaintiffs conduct in the present proceedings is consistently lacking bona fides and/or ..... was defective and not maintainable and this alleged vested right was sought to be taken away by the amendment. in this connection, the defendant has relied upon sections 28 (3), 29 (2) and 30 (2) (e) of the act to contend that the suit for infringement cannot lie and is barred by law. the plaintiff, in ..... . kalyanmal and ors. (1998) 1 scc paragraph 9)and (iii) rasiklal manikchand dhariwal and others vs. kishore washwani and nitesh ashok wadhwani (2005 (31) ptc 401). vii) that since april 2005, the plaintiff has been aware of the defendants use of the trademark everest and its registration application pending in respect of the said trademark. despite knowledge .....

Abdul Karim Fateh Mahomed Vs. the Municipal Officer, Aden

Court : Mumbai

Reported in : (1907)ILR27Bom374

..... from these considerations, that the resident's court at aden is a court subject to the superintendence of this court within the meaning of section 13 of the amended letters patent of 1865. the fact that the superintendence is of a partial and limited character cannot affect the question. there are some courts subject to the appellate jurisdiction ..... of 1865, and second, that on the merits this is not a proper case for transfer.9. dealing first with the preliminary objection to the jurisdiction of this court, it is clear from the preamble of act no. ii of 1864 (an act to provide for the administration of civil ..... act complained of in the plaint as one done under the orders of the resident.8. the application is opposed by the learned advocate-general, appearing for the opponent, on two grounds: first, that the resident's court is not subject to the superintendence of this court within the meaning of section 13 of the amended letters patent .....

Gillette Industries Limited Vs. Yeshwant Brothers

Court : Mumbai

Reported in : AIR1938Bom347; (1938)40BOMLR478

..... amendment allowed, except in case of fraud ; and the amendment shall be advertised in the prescribed manner, and shall in all courts ..... that he has devised something of utility and worth. 9. issue no. 5 raises the question whether the amendment of the specification was authorised and valid in law. section 17 of the indian patents and designs act, 1911, deals with applications to amend patents, and sub-section (8) provides that leave to amend shall be conclusive as to the right of the party to make the .....

Hatimbhai Hassanally Vs. Framroz Eduljee Dinshaw

Court : Mumbai

Reported in : AIR1927Bom278; (1927)29BOMLR498

..... our answers to questions nos. 1, 2 and 3 are irrespective of any special legislation, such as the dekkhan agriculturists' relief act.89. in conclusion, i would suggest the advisability of the letters patent being amended in such a way as to put at rest the controversies on the true construction of clause 12. this is of course ..... that of the mofussil courts, (3) the code of 1859, especially section 33 of that act and the similar section 3 of act xxiii of 1861, (4) the secretary of state's despatch about the letters patent, (5) the amendment of section 382 of act viii of 1859 in 1870, and (6) the subsequent codes of civil procedure of 1877 ..... 1a) of section 106 of the government of india act in 1916, providing for the amendment of the existing letters patent by further letters patent, it was considered that there was no power to amend the letters patent that had issued under parliamentary authority. the power to revoke the first letters patent of 1862 was expressly conferred by section 17 of the .....

Kisan Singh Vs. State of Bombay

Court : Mumbai

Reported in : AIR1961Bom124; (1960)62BOMLR921; 1961CriLJ628

..... of justice, the court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceeding.' 7. now, by the amending act of 1955 the word 'charge' occurring in clause (a) has been deleted and after clause (a) the following clause has been inserted as clause (b):'of any error, omission ..... the court was told just where the shoe pinches, and that though it was true that in certain exceptional cases prejudice, ora reasonable likelihood of prejudice, may be so patent on the face of the facts that nothing more was needed, that class of case must be exceptional.22. from these observations it would be clear that except in a ..... and so forth. these go to the foundations of natural justice and would be struck down as illegal forthwith. it hardly matters whether this is because prejudice is then patent or because it is so abhorrent to well established notions of natural justice that a trial of that kind is only a mockery of a trial and not of the .....

Lallubhai Chakubhai Jarivala Vs. Shamaldas Sankalchand Shah

Court : Mumbai

Reported in : (1934)36BOMLR881

..... an article manufactured under a secret process amounts to a public user of the process, we have to remember the terms of section 38 of the indian patents and designs act of 1911. the section provides that an invention shall be deemed to be a new invention where two features are absent. the first feature is the public ..... and other matters in respect of which the plaintiff claims rights as patentee were publicly used (long) prior to the issue of the patent by the firm of jarivalla shah and company.5. then that issue was amended, after the close of the plantiff's case, by adding the words ' or by anybody else '. now the only plea with ..... at that particular stage should not have been amended. but if it was felt that in the interests of justice it was necessary, the court should have directed the defendant to give particulars. in a patent case the necessity of proper particulars is all the greater. formerly, in england, the patent act of 1835 specifically required the delivery of the particulars .....

Sergi Transformers Explosion Prevention Vs. Ctr Manufacturing Industri ...

Court : Mumbai

..... ex-parte, his counter claim should have been taken on record, the apex court observed thus: "26. a perusal of the abovesaid provisions shows that it is the amendment act of 1976 which has conferred a statutory right on a defendant to file a counter claim. the relevant words of rule 6a are __ "a defendant in a suit may ..... judge has overruled the objections of present petitioners regarding the jurisdiction of the learned judge to entertain the suit in view of specific provisions under section 104 of the patents act, 1970. in that view of the matter, i find that since the petitioners have a remedy under section 115 to prefer the civil revision application against the order ..... framed, the learned trial court ought to have allowed the same. 27. the apex court in the case of smt. rani kusum v. smt. kanchan devi & ors., (2005) 6 scc 705 observed thus: "10. all the rules of procedure are the handmaid of justice. the language employed by the draftsman of processual law may be liberal or stringent .....

Mathurbhai Garbadbhai Patel Vs. the Nadian City Municipality

Court : Mumbai

Reported in : (1929)31BOMLR473; 118Ind.Cas.798

..... there is a; difference of opinion between the calcutta and madras high colurts on the one hand and this high court on the other, as to whether the amendment made by those letters patent of 1927 is in any way retrospective. our court has held that it is. two other high courts, viz,, calcutta and madras have held the contrary. technically, ..... the suit and its procedure, i appreciate that in any matter concerning 'the revenue' the jurisdiction of the court is ousted by section 106(2) of the government of india act, but we are here dealing with a municipality as opposed to government (see section 20).7. accordingly, in giving leave to appeal, i also (in so far as i ..... have the power) give leave to the applicant to amend his memorandum of appeal by alleging that section 205 of the bombay city municipalities act 1925 is ultra vires and not binding on the plaintiff. a copy of this judgment to be shown to the court hearing the .....