Court : Mumbai
..... such order being a judgment within the meaning of cpc, is maintainable. the provisions of cpc (amended and unamended) are applicable to the commercial courts act's proceedings. the term judgment was not even defined under the letters patent act. in the summary suit, though it is an interlocutory order of granting defendants conditional leave to defend ..... september 2016 , this appeal was listed for directions and submissions on the question of the maintainability of this appeal. 6. admittedly, for the letters patent appeals under the letters patent act, another division bench has been assigned to deal with the same. apart from above, the submission is made that they have already moved a ..... of the code of civil procedure, 1908 (5 of 1908) as amended by this act and section 37 of the arbitration and conciliation act, 1996 (26 of 1996). (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a high court, no appeal shall lie from any order or .....
Tag this Judgment!Court : Mumbai
..... ltd., in respect of the same cause of action. 15. the applicants have also tendered a fresh application under clause-12 of the letters patent stating the cause of action on which the amendment has been applied for and the reasons for grant of leave under clause-12. having considered the application, leave under clause-12 has been ..... parties can be conveniently determined and enforced if respondent is also made a party defendant. 9. mr.bharucha submitted that the proviso to section 21 of the limitation act will get triggered only if the applicant was to establish that it was due to a mistake made in good faith and the applicant has not stated anywhere ..... at the time of filing a reply to the notice of motion no.745 of 2005 filed by the respondent. these factual aspects of the matter are also not in dispute. under these circumstances, the application for leave under section 12 of the letters patent was argued and the learned single judge, after having considered the various judgments which .....
Tag this Judgment!Court : Mumbai Nagpur
..... remaining on such encroached land shall claim the right to get elected as a member of democratically elected body, which would defeat the very object of the bombay village panchayats (amendment) act, 2006. 20. in the decision of this court delivered by the learned single judge in the case of ganesh arun chavan v. state of maharashtra and others, reported in ..... elected as a member of democratically elected body. in no case our conscious permits such type of interpretation to defeat the very object of the bombay village panchayats (amendment) act, 2006. this court has taken a view that the term 'person' employed under sub-section (1) of section 14 of the said ..... . the first decision cited on the provision of section 14(1)(j-3) of the maharashtra village panchayats act, 1958 is that of the division bench delivered in letters patent appeal no.305 of 2012 in writ petition no.2078 of 2012(d) [shri devidas s/o matiramji surwade v. additional commissioner, amravati division, amravati, and others) on .....
Tag this Judgment!Court : Mumbai Goa
..... preemption in favour of the co-owners. reliance is also placed on article-2305 of the pcc. it is submitted that the petitioners have filed two applications for amendment, out of which, first application is allowed and the second application raising a challenge to the sale deed, is pending before the trial court. it is submitted ..... saying the respondents have lost the possession, has granted injunction, restraining the petitioners from interfering with the possession of the plaintiffs, which in my considered view would be a patent error requiring interference. 24. in the result, the following order is passed: order (a) the petition is partly allowed. the impugned order is modified. (b) ..... is evident that the transfer of the property, pending disposal of the suit, would be subject to lis pendence under section 52 of the transfer of the property act. in a dispute of the present nature, the court has to balance equities and in appropriate case, can mould the relief, so that the interest of both .....
Tag this Judgment!Court : Mumbai
..... period of limitation prescribed for the execution thereof by any law for the time being in force. 58. section 2 of the bombay amendment act xiv of 1939 provides that the amendment act shall apply to properties situated wholly or partly in the city of bombay (now mumbai) from the date of notification in the official ..... of temporary injunction , have not only different objects but the breaches thereof have also different consequences. the transaction made in breach of injunction order is apparently and patently illegal and binds no party, even the purchaser. whereas, transaction effected during lis pendens does not attract the taint of illegality. it remains legal, valid ..... ) 6 scc 15; savitri devi vs. district judge, gorakhpur, (1999) 2 scc 577; vijay pratap vs. sambhu saran sinha, (1996) 10 scc 53; kasturi vs. iyyamperumal, (2005) 6 scc 733; and vidur impex and traders (p) ltd. vs. tosh apartments (p) ltd., (2012) 8 scc 384, and allowed appellant's application for impleadment as party .....
Tag this Judgment!Court : Mumbai
..... been granted shall be eligible to draw the benefits in any year, whether preceding or succeeding the date of commencement of the maharashtra tax laws (levy and amendment) act, 1995, in respect of the production in excess of the annual production capacity of that unit as may be prescribed by the state government, having regard ..... consideration by learned single judge in this respect also does not show any error or perversity. 5. we, therefore, find no case made out for interference. letters patent appeals are, therefore, dismissed. no costs. 68. a somewhat identical issue was dealt with by this court in the case of prasad power control (supra) followed ..... and decentralization of industries. the respondents submit that the quantity up to which the petitioners are eligible to claim benefits in the eligibility certificate is explicit and patent. it is known to the petitioners. it is not correct to say that the eligibility certificate is silent about the quantity up to which the incentives will .....
Tag this Judgment!Court : Mumbai
..... s case is no different. its sub-licensee do not acquire any proprietory intellectual property rights over the bollard technology; monsanto india s and its parents patents, copyright, marks and other intellectual property rights are preserved intact, unaffected by the sub-licensing. but the identified technology, the one infused in the ..... . 65. definitions. in this chapter, unless the context otherwise requires, (55a) intellectual property right means any right to intangible property, namely, trade marks, designs, patents or any other similar intangible property, under any law for the time being in force, but does not include copyright; (55b) intellectual property service means, (a) ..... 96(1)(f ) of the mvat act provides that this would only apply to transactions after april 1st 2005; prior transactions were covered by the lease tax act and, therefore, attracted no tax. so even under the vat regime, no tax was paid on the trait fees. however, all amended agreements attracted vat. in order to .....
Tag this Judgment!Court : Mumbai
..... by the respondent no.1. 18. in the interregnum the respondent no.1 on 5.5.2015, took a policy decision to grant conditional permission under the amended regulation no.9 of regulation 2003 to colleges whose visitation reports were obtained by it prior to 23.3.2015. the visitation report of the petitioner no. ..... , and management whose college or institution has been granted affiliation or recognition, shall give and comply with the following undertaking : (a) that the provisions of the act and statutes, ordinances and regulations thereunder and the standing orders and directions of the university shall be observed. (b) that there shall be a separate local managing ..... offending the provisions of the act and conditions of recognition, then the opinion of the state government at the second stage is a mere formality unless there was a drastic and unacceptable mistake or the entire process was vitiated by fraud or there was patently eminent danger to life of the students working in the school .....
Tag this Judgment!Court : Mumbai Nagpur
..... any of them, after coming into force of the prenatal diagnostic techniques (regulation and prevention of misuse) amendment act, 2002 (hereinafter referred to as amendment act) unless it is registered under 1994 act. the emphasis, therefore, is again not only on medical practitioner and on genetic counselling centre, genetic ..... sex of foetus to any genetic counselling centre, genetic laboratory, genetic clinic or any other person , not registered under the 1994 act. section 4 then prohibits use of an unregistered places for undertaking prenatal diagnostic techniques. section 18 prohibits a person from opening any ..... laboratory or genetic clinics. the parliament has mandated that such machines capable of being used for sex determination cannot be made available to or used by anybody at places not registered under the 1994 act .....
Tag this Judgment!Court : Mumbai
..... supreme court disposed of the special leave petitions before it inter alia staying the thane court s order for a further four weeks, giving sergi liberty to amend its appeal since the reasoning for the 25th february 2011 was now available (sergi order compilation, tab 7.).that stay was further extended for two weeks on ..... the party in defence, as the case may be, if the party that has been responsible for the default or contravention or breach as aforesaid makes amends for the default or contravention or breach to the satisfaction of the court: provided that before passing any order under this sub-rule, notice shall be ..... explosion and fire under the patents act. this was then licensed to sergi. (b) on 14th december 2002, sergi obtained patent no.189089 in respect of this application. sergi claims to hold corresponding patents in various international jurisdictions. (c) three years later, on 16th november 2005, ctr filed an indian patent application no. 1425/mum/2005 for the registration of .....
Tag this Judgment!