Court : Delhi
Reported in : 2009(41)PTC260(Del)
..... translation where applicable, should be submitted within a period of 30 days from the date of receipt of this communication as provided under section 8(2) of the indian patents (amendment) act, 2002. 9. statement of claims should be prefaced by words we claim. 10. pages of complete specification should be renumbered serially at the bottom of the page as ..... statement was false since between 21st june 2001 when the form 3 was filed and october 19, 2005 when the aforementioned letter was written, the us patent authorities had issued a rejection letter of 26th july 2001 stating that they were not satisfied with the amendments made by the plaintiff to its claims. by june 12, 2002 the claims were ..... form 3 in india i.e. on 21st june 2001 and prior to the date of filing of reply i.e. on 19th october 2005 there were a series of developments in the us patent application. the examination report in the us is called as an office action. the final office action was prepared on 26th july 2001 whereby .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1980P& H1
..... constitutional validity of the uttar pradesh high court (abolition of letters patent appeals)(amendment) ordinance 1972 (hereinafter referred to as the amending ordinance), later on replaced by the uttar pradesh high court (abolition of letters patent appeals)(amendment) act, 1972 (hereinafter referred to as the amending act) was challenged. in the judgment, 'the legislative history of the letters patent prior to the impugned enactment has been given, which is ..... perform the duties of director of consolidation) under the u. p. consolidation of holdings act, 1953 were abolished. the amending ordinance was replaced by the uttar pradesh high court (abolition of letters patent appeals)(amendment) act, 1972 incorporating similar section 4 which came into effect on 16-8-1972. the amendment bill was introduced in the uttar pradesh legislative assembly on july 19, 1972 and was .....
Tag this Judgment!Court : Gujarat
Reported in : [1965]57ITR58(Guj)
..... to the facts of the present reference. 10. the question as to the validity of the second proviso to section 34(3) as brought into the act by the amendment act of 1953 arose first before the high court of bombay in prashar v. vasantsen dwarkadas, wherein the constitutional validity of the second proviso was challenged by the ..... point, not the constitutional point, being ultra vires of article 14 had been raised before the learned trial judge against whose decision the division bench heard a letters patent appeal. they have also pointed out that the learned trial judge upheld that objection and held that the second proviso infringed article 14. at page 175 of the ..... that the principle laid down by the supreme court in suraj mall mohta & co. v. a. v. visvanatha sastri, applied. he held that the second proviso patently introduced an unequal treatment in respect of some out of the same class of persons. those whose liability to pay tax was discovered by one method could be proceeded against .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1966Guj106
..... have no relevance to the facts of the present reference7. the question as to the validity of the second proviso to section 34(3) as brought into the act by the amendment act of 1953 arose first before the high court of bombay in : [1956]29itr857(bom) , wherein the constitutional validity of the second proviso was challenged by the ..... principle laid down by the supreme court in suraj mall mohta & co. v. a. v. visvanatha sastri : [1954]26itr1(sc) applied. he held that the second proviso patently introduced an unequal treatment in respect of some out of the same class of persons. those whose liability to pay tax was discovered by one method could be proceeded against ..... -section (3) of section 34 being ultra vires of article 14 had been raised before the learned trial judge against whose decision the division bench heard a letters patent appeal. they have also pointed out that the learned trial judge upheld that objection and held that the second proviso infringed article 14. at page 176 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2227
..... of ayurvedic medicinal preparations, those being excluded from the definition of drug. the definition of patent and proprietary medicines till then did not apply to ayurvedic preparations. this position continued indeed till the amendment of drugs act by the drugs and cosmetics (amendment) act, 1964. several amendments were effected by that amendment act of 1964. section 33a and chapter iva were inserted. section 33a said that chapter iv ..... gallon on the strength of london proof spirit. alcohol and self-generated alcohol were treated differently.17. the schedule was amended by the amending act no. 19 of 1961 and the amended schedule stood as follows :item no.descriptionof dutiable goodsrate ofduly1.medicinalpreparations, being patent or proprietary medicines,containing alcohol and which are not capable of being consumed as ordinaryalcoholic beverages.ten percent ad valorem .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad641; (1929)57MLJ264
..... that section 98 applies to appeals under the civil procedure code and clause 36 of the letters patent applies to appeals under the letters patent and this was not intended to be altered by the amending act; the effect of the amending act is only to confirm the previous state of the law. there is a fallacy in ..... . mr. krishnaswami aiyangar, the learned advocate for the respondents, contended that the amending act does not lead to the conclusion that in appeals under the civil procedure code, clause 36 of the letters patent applies. his argument may be thus stated; the amending act is declaratory in its nature; it is not intended to alter the law; ..... like section 98 had been introduced into the civil procedure code of 1859 by the amending act of 1861. between 1865 and 1877, it could not be suggested that the civil procedure code prevailed over the letters patent. it was obvious that the letters patent prevailed over the civil procedure code. in case of difference of opinion between two judges .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT198; 2008(102)DRJ106; LC2008(2)1; 2008(36)PTC568(Del)
..... appeal. while it is the plea of the plaintiff that appeals under section 117a of the said act can be filed only against orders under section 25 of the said act, it may be noticed that prior to the amendment of the said act vide the patents amendment act, 2005, to the provisions inter alias of section 117a(2), which came into force from 2.04.2007 ..... defendant no. 2 is one under section 25(1) of the said act and section 117a(2) of the said act provides for appeals to be filed before the appellate board only against orders under section 25(4) of the said act which are with regard to maintaining, amending or revoking a patent i.e., at the post grant stage. it is also stated ..... that defendant no. 2 has filed a fresh application on 20.11.2006 seeking stay of the patent granted in favor of the plaintiff and on 21.11.2006, .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR356; 1987MhLJ503
..... debt or damage or value of the property sued for does not exceed one hundred rupees.' clause 12 of the letters patent has been amended by the bombay high court letters patent (amendment) act, xli of 1948, and the amended provision reads thus:-'clause 12: and we do further ordain that the said high court of judicature at bombay, in the ..... will be necessary to refer to certain provisions contained in civil procedure code, 1908, clause 12 of the letters patent as amended by the bombay high court letters patent (amendment) act, xli of 1948, bombay city civil court act and the trade and merchandise marks act, 1958. to put it briefly the question that has been posed under this issue is, in view ..... m/s zenith iron works and anr., suit no. 91 of 1960 decided on july 31, 1962. that suit was filed under section 53 of the patents and designs act (no. 2 of 1911) complaining about infringement of the copyright and for an account of the profits derived by the defendant in the course of alleged infringement .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR699; 2008(4)MhLj803
..... to the new forum specific provision to that effect has been made in the statute, for example, the recovery of debts due to banks and financial institutions act, 1993, patents (amendment) act, 2002 etc. it is true that no litigant has any vested right in a matter of forum but when the appeals have been filed in the tribunal ..... 24th march, 1999, pune municipal corporation v. kanhyalal reported at 2005(2) mh.l.j. 89, khalilnabi patel v. gulam hussain reported at : 2003(2)bomcr479 .9. the learned single judge dealing with the present civil application held that absence of saving clause in the amending act 1999 was not material, since such saving clauses were many times ..... . similar orders were passed by learned single judges in khalil nabi v. gulam hussain reported at : 2003(2)bomcr479 , and pune municipal corporation v. kanhayalal reported at 2005(2) mh.l.j. 89. the learned single judge of this court, who heard the present application for re-transfer of the appeal, considered the judgment of the .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR705; [2005]125CompCas14(Bom); (2004)1CompLJ358(Bom); 2004(1)MhLj1046; [2004]49SCL660(Bom)
..... to the new forum specific provision to that effect has been made in the statute, for example, the recovery of debts due to banks and financial institutions act, 1993, patents (amendment) act, 2002, etc. it is true that no litigant has any vested right in a matter of forum but when the appeals have been filed in the ..... from the date of initiation of the proceedings the appellants acquired vested right of appeal to this court under section 15z, which has since then been amended by the amending act. in support of this contention he relies on certain decisions to which reference may now be made. the leading case on the subject relied on by ..... the rival contentions of the parties with regard to the above issues it is necessary to refer to relevant provisions of the act as they stood prior to the amendment to the sebi act by amending act. the unamended section 15l lays down the composition of securities appellate tribunal as follows :'composition of securities appellate tribunal.--a securities .....
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