Court : Delhi
..... pending before a high court or any order passed under chapter ix of the code of criminal procedure 1973 (2 of 1974) before the commencement of the family courts (amendment) act, 1991].. 12. in balram yadav vs fulmaniya yadav, air2016sc2161 the apex court while considering the scope of section 7 of the family courts ..... 43 rule 1 clause (d) and is appealable, the serious question that arises is whether or not the order first mentioned is a judgment within the meaning of letters patent. the fact, however, remains that the order setting aside the ex parte decree puts the defendant to a great advantage and works serious injustice to the plaintiff because as ..... are clearly specified in clauses (a) to (w) of order 43 rule 1 and have already been held by us to be judgments within the meaning of the letters patent and, therefore, appealable. there may also be interlocutory orders which are not covered by order 43 rule 1 but which also possess the characteristics and trappings of finality in that .....
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..... ) came into force although the provision was introduced only on 4th april, 2005]. have the remedy of filing a post-grant opposition. he can, after 2nd april, 2007, also file an application before the ipab under section 64 of the patents act for revocation of the patent. in other words, as explained by the supreme court in j.mitra ..... a perusal of the impugned order shows that the ld. deputy collector has considered all the prior arts, though not in detail, and has also considered the amended claims. after considering these documents, the following conclusion has been arrived at: in my opinion, none of cited document defines the claimed method of assaying, which ..... sample for pharmaceutical use. in view of above finding, hearing proceedings, written submission filed by applicant on 19/01/2019, the patent application 9028/delnp/2008 shall proceed to grant of patent on amended set of claims filed on 19/01/2019 as there are no technical and formal objections, and the pre-grant opposition stands .....
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..... c) no.10514/2017 and sought maternity leave for a period of twenty six weeks along with her due salary for the said period under, the maternity benefits (amendment) act (hereinafter referred as act) and the clarification of 12th april, 2017 issued by ministry of labour & employment of government of india. after considering the rival submissions of the parties, the ..... he further contended that the benefits of twenty-six lpa no.187/2018 page 2 of 6 weeks of maternity leave accrued to the appellant by way of amendment in the act which came into force on 01.04.2014 and by a clarification of 12th april, 2017 which was issued by the ministry of labour & employment of ..... ms.avnish ahlawat, standing counsel for r-2. sangita dhingra sehgal, j.(oral) 1. the present appeal has been filed by the appellant under clause x of the letters patent act, assailing the order dated 08.02.2018 (hereinafter referred to as 'impugned order') passed by the learned single judge in w.p. (c) no.10514 of 2017 whereby .....
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..... on the ground that adequate tests were not conducted by the appellant, as per provisions prescribed under the drugs and cosmetics act, 1940, as amended (the d&c act ), the drugs and cosmetics rules, 1945, as amended (the d&c rules ), the guidelines on similar biologies, 2012 (the biosimilar guidelines ).5. the main contention of the ..... from manufacturing and marketing their biosimilar drug as trastuzumab on the ground of inadequate testing as prescribed under the drugs and cosmetics act, 1940, the drugs and cosmetics rules 1945 as amended and the guidelines on similar biologics, 2012. while on the other hand, the appellant moved i.a. no.25289/2015 ..... trastuzumab by the controller general of patents, designs and trademarks of india, which was deemed to be effective from may 3, 1999 and which lapsed on may 3, 2013. respondent no.2 roche products (india) private limited, a company incorporated under the companies act, 1956, as amended (the companies act ), is an affiliate of respondent .....
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..... and deducted the 10% of the contract value as penalty, as per clause 21 of the gcc. learned counsel therefore submits that the learned arbitrator has committed patent illegality in allowing the claims of the respondent towards the deduction of the ld charges.16. lastly, it is contended by learned counsel for the petitioner that the ..... noticing the merits of the matter. 25. in the case of associate builders (supra), the apex court has divided patent illegality into three sub-heads as under:-"xxx 42. in the 1996 act, this principle is substituted by the patent illegality principle which, in turn, contains three subheads:42. 1. (a) a contravention of the substantive law of ..... 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 .....
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..... of an interlocutory order which amounts to an exercise of discretion and which may yet amount to a judgment within the meaning of the letters patent. suppose the trial judge allows the plaintiff to amend his plaint or include a cause of action or a relief as a result of which a vested right of limitation accrued to the defendant ..... ., has passed a judgment. it must be admitted that the meaning of the word judgment has sometimes been variedly interpreted in our high court itself by some learned judges acting on the assumption finally adjudicating upon the merits of the c.m.p. would amount to passing of a judgment. but its ordinary meaning is one which halsbury's ..... order would have the effect of only postponing the hearing to a later date after service of notice on the party sought to be affected. it is really an act of refusal to adjudicate immediately and that might cause prejudice, but that is no adjudication and no passing of a judgment. the ordering of notice cannot by any reasonable .....
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..... of india and ors. (1997) 3 scc261and therefore abridgement by a constitutional amendment is also very doubtful. (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's ..... power under article 227. at the same time, it must be remembered that such statutory amendment does not correspondingly expand the high court's jurisdiction of superintendence under article ..... exercise of (g) apart from the situations pointed in (e) and (f). high court can its power of superintendence when there has been a patent perversity in the orders of tribunals and courts subordinate to it or where there has been a gross and manifest failure of justice or the basic principles .....
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..... court in m. nagraj and ors. v. union of india and ors., examined the constitution (seventy seventh amendment) act, 1995; thse constitution (eighty first amendment) act 2000; (eighty second amendment) act 2000; and the constitution (eighty fifth amendment) act 2001, providing for reservation in promotions, which also provided for relaxation of qualifying marks etc. and held that constitutional ..... that the state was not competent to provide any relaxed standard for any members of the scheduled caste/scheduled tribe. by the constitution (eighty-second amendment) act, 2000, proviso was added to article 335 enabling the states or the union of india to provide for relaxation in qualifying marks in any ..... making them eligible for grant of the same relaxation as was being granted to the scheduled caste and scheduled tribe category candidates, cannot cure the patent illegality in the action of the respondent no.2 of granting relaxation to the respondent no.3, when none was due. it was pointed out .....
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..... of 57 54. it is noteworthy to mention here that the challenges which can be raised under the provisions of the section 64 of the patents act 1970 (as amended in the year 2005) are in the nature of the questions dependent on facts or the mixed question of facts and laws. where in the case after applying the ..... may even qualify as an invention as defined under the act and yet may be denied patent for other larger considerations as may be stipulated in the act. having, therefore, seen the meaning of invention , we may now advert to section 3 as it stands after the amendment of the act in 2005. twin the 34. for the purpose of deciding the ..... for qualifying as "inventions" things belonging to different classes, and for medicines and drugs and other chemical substances, the act sets the invention threshold further higher, by virtue of the amendments made in section 3(d) in the year 2005. xxxx 157. what is "efficacy"?. efficacy means "the ability to produce a desired or intended result". hence, the .....
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..... 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 ..... for if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act that would certainly amount to a patent illegality on the face of the award.41. the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, that ..... 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), as understood in associate builders (supra), and paragraphs 28 and 29 in particular, is now done away with.38. insofar as domestic .....
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