Court : Intellectual Property Appellate Board IPAB
Decided on : Jun-26-2009
..... compound with several advantageous properties is far more suitable for the preparation and formation of drugs useable for treatement of cancer as compared with the free base imatinib. therefore, its alleged invention satisfies section 3(d) of the act and is patentable. respondents vehemently contradicted the arguments of the appellant. we have very carefully analysed the issue with respect to ..... technology upto imatinib mesylate. what the appellant has surprisingly found is its alleged invention. this is further proved from the claim 13 (see also paragraph 3 supra) and the corresponding description and example. it claims processes for preparing the -crystal form taking one of the starting materials as ??an amorphous starting material of the methanesulfonic acid addition salt of ..... 4 that the salt could not exist in alpha form and the salt inherently existed only in beta form. moreover, the impugned specification of the appellant itself contained a chart comparing the various qualities of alpha crystalline form with beta crystalline form of that salt, which established that the said salt could exist in both forms. the beta form ..... solid form. in that connection, shri bhushan referred to an article ?? a simple method for oral administration of drugs in solid form to fully conscious rats ? published in 1983 by the appellant. a copy of the same was also annexed to the supplementary written submission as annexure g. referring to a passage therefrom he submitted that often pharmacological .....Tag this Judgment!
Court : Jharkhand
Decided on : Jul-17-2009
Reported in : 2009(57)BLJR2735
..... the petitioner, it has been stated that the petitioner's case was not recommended as per the provisions of section 11(3) a, b, c, d of the m.m.d.r. act, 1957.it is apparent therefore that though in the first comparative chart, the remarks suggest that the petitioner's application was not considered on account of the pending litigation, but the ..... committee conducted the hearing on 18.01.2008 and heard each of the applicants, including the petitioner on its merits vis--vis the prescribed parameters as laid down under the act and the corresponding rules and upon assessing the superior merit of the respondent no. 8, the committee made its recommendation in favour of the respondent no. 8 under the provisions of ..... information, which the petitioner had already supplied and a comparative examination was made vis--vis, the other applicants. this would only emphasize that in the decision-making process, the concerned authorities of the state government did adhere to the provisions of law as contained both in the m.m.d.r. act and the corresponding rules. the petitioner cannot dispute the authority of ..... section 5(1) of the m.m.d.r. act, 1957 for grant of lease. the proceeding of the committee, the details of which were recorded in annexure-11, filed by the petitioner .....Tag this Judgment!
Court : Chennai
Decided on : Aug-11-2009
Reported in : LC2010(1)37
..... yashod vardhan, learned senior counsel for the respondent that the applicant's attempt is only to coerce the respondents on the basis of certain unsubstantiated correspondence sent through e-mails to extract certain privileges and amounts and that he had set up the so-called invention which is otherwise available in public ..... not worth using such ideas. when the applicant started sending mails stating that the respondent had cheated him, the respondent closed the loop on his correspondence. it was also stated that the application to secure patent was submitted only in september, 2007 just prior to the institution of the suit. ..... discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted. if on weighing competing possibilities or ..... of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and (3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting ..... idea of the applicant is neither new nor involved any inventive step within the meaning of section 2 of the patent act, 1970. it is also not an invention in terms of section 3 of the patent act.13. it was further claimed that the idea or discovery even assuming that it was the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-13-2009
Reported in : 2009(41)PTC1(Del)
..... compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. the need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. the ..... the party from the species of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and(3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting it.the supreme court ..... royalty. 38. the grant or non grant of injunction has to be measured within the parameters of three tests laid down by this court. however, the court must weigh the comparative hardship of one party as against the another and has to decide whether the injunctory relief is warranted or whether interim directions would suffice. injunctions should not result in extreme ..... continuous infringement of the plaintiff's repertoire by extensive use in many programmes, the chart of which has already been placed on record. the said user of the copyright by the defendants clearly amounts to infringement under copyright act, 1957. the learned counsel states that section 51 of the copyright act, 1957 is a deeming provision and in case the defendants infringes the copyright .....Tag this Judgment!
Court : Delhi
Decided on : Sep-10-2009
Reported in : 2009(41)PTC197(Del)
..... action if the uncertainty were resolved in his favour at the trial. the need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not ..... discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that it is likely to be caused to the other side if the injunction is granted. if on weighing competing possibility or ..... of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and(3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting ..... 1999 to 13.12.2006 and from 13.12.2006 onwards which have no doubt been filed beyond the period of extension of time under section 25 of the act. the said renewal applications are pending in the trade mark office. it is alleged that the plaintiff company filed a writ petition bearing w ..... mark alleged in the plaint. it is urged that this court has no territorial jurisdiction to entertain and try the present suit under section 134 of the trade marks act.23. per contra, the plaintiff asserted that the question with regard to jurisdiction is a triable issue which requires determination and evidence .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-13-2009
Reported in : 2010(1)ALT64
..... all india institute of hygiene and public health, calcutta, is alone recognized by the government. the government also placed before the tribunal the comparative chart relating to the courses offered by the aforesaid four institutes and the one secured by the applicants in the said oa viz., diploma in ..... is obtaining a graduate qualification from any recognized university, whereas the diploma in nutrition and health education awarded by ignou is a correspondence course which is of one year duration and the eligibility to take up the said course is 10+2 years i.e., intermediate ..... permission of the department by the competent authority according to the necessity. whereas dnhe course awarded by the ignou, new delhi is a correspondence one which is one year course. the eligibility for the course is 10th class 4- 2 years intermediate course. the subject is mainly ..... iii of the seventh schedule to the constitution. learned counsel submitted that if a person has the qualification mentioned in section 2(m) of the ncte act he has the necessary qualification for being appointed as an assistant master or a teacher in any educational institution in india ..... institutions - (1) ordinary educational institutions like primary schools, high schools, intermediate colleges and universities and (2) teachers' training institutes. the ncte act only deals with the second category of institutions vi7. teachers' training institutes. it has nothing to do with the ordinary educational institutions referred to above .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-04-2009
Reported in : 2009CriLJ4436; JT2009(10)SC388; 2009(10)SCALE632; (2009)8SCC617:2009AIRSCW5514:2009AIRSCW5514
..... stand-still.45. the representations made by the contractors for the aforementioned purpose, even if to be ignored, the intra-departmental and inter-departmental correspondences cannot be. they clearly point out a clear picture as regards necessity for explaining the possibilities of extracting stones from some other mines for being ..... not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision. as pointed out by ..... yield of useful stone to be very much less. the details enclosed at annexure a. even the quantum of stone available is less, when compared to the requirement.3. it was reported that the quantum of useful rubble available in the entire therma pahad hills is to the tune of ..... would rely upon for proving its case would be the terms of the contract, the note sheets, the letters dated 4.08.1983, 11.08.1983, 16.08.1983, 17.08.1983, 10.07.1984, 14.11.1984 and 2.03.1988, in terms whereof the contractors were categorically informed that they would ..... accounts were audited and one shri g.k. shukla, deputy accountant general reported:a) the clause of the agreement noted above and the quarry chart clearly bring out that in the event of change of quarry on whatever reasons no claim will be entertained and contractor should before quoting rates, .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-29-2009
..... , it is necessary for us to refer to relevant portion from the said judgment which reads thus:22. ... on a comparative study of the provisions of act 26 of 1986 and act 16 of 1988, the functions of the commissionerate and the functions of the state council well nigh are the same except to ..... by the kea and that they should allocate seats as per the fee fixation made by it (the fee fixation committee). in this regard, the correspondence made by the note trust through letters with the state government, are produced. the further case of the university is that the kea issued the ..... in law.30. another legal contention urged by the learned senior counsel is that exercise of power by the central government under section 3 of the ugc act, which act is enacted by parliament from entry 66 list-1 of vii schedule of the constitution of india is not subject to or controlled ..... which is the policy of the state government to discharge of their constitutional obligation towards the students of socially and educationally oppressed class and weaker sections of the society who have been neglected from ages who are in a disadvantageous position in the society and therefore the state government has to ..... the decision of the constitutional bench of the supreme court in the case of sanjeev coke mills v. bharath coke mills ltd. reported in : air 1983 sc 239, relied upon paragraph no. 11, he submits with reference to additional prayer of the educational institutions in the amendment application is not supported .....Tag this Judgment!
Court : Delhi
Decided on : Oct-23-2009
Reported in : 164(2009)DLT346
..... rohini sector-14, delhi-110085report no. fsl....2004/c-1019 dated 30/09/04please quote the report (opinion) no. & date in all future correspondence & summons.tothe station house officerps subzi mandidistt. north,delhi-7your letter no. 1021/sho/s.mandi dated 25.05.2004 regarding six parcels in connection ..... ) ltd.)second party sd.witnesses:1) rajiv khannas/o. sh. k.l. khanna,r/o. 34/505, kang roshnara appt.sec-13, rohini, delhi - 8539. a chart filed by mr. thadani indicating the list of persons with whom respondent no. 5 had executed settlements is reproduced hereinbelow:list of persons ..... with that of the english courts to issue prerogative writs is to introduce the unnecessary procedural restrictions grown over the years in a comparatively small country like england with a unitary form of government to a vast country like india functioning under a federal structure. such a ..... 1995) 1 scc 14, d.k. basu v. state of w.b : (1997) 1 scc 416 and rudul sah v. state of bihar : (1983) 4 scc 141.application of rule in ryland v. fletcher50. the principle of liability without fault was enunciated in ryland v. fletcher reported in (1868) lr ..... as hypophosphite. it is also excreted in unchanged form though the lungs.action: phosphine inhibits respiratory chain enzymes and has cytotoxic action. it acts by inhibiting the electron transport resulting from preferential inhibition of cytochrome oxide.inhalation: mild inhalation exposure produces irritation of mucous membranes and acute respiratory .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-24-2009
Reported in : (2009)227CTR(SC)425; 321ITR371(SC); 2009(14)SCALE188; 186TAXMAN19(SC)
..... or state enactments;(c) 'public sector banks' means, the state bank of india, the subsidiary banks and the corresponding new banks referred to in section 45(1) of the reserve bank of india act, 1934 (2 of 1934);(d) 'unencumbered approved securities' shall include the approved securities lodged by the company with ..... the respondent herein are made to invest in bonds and securities so that the government is able to borrow monies at a cheaper rate as compared to its borrowings in the market. it is precisely for this reason that the reserve bank of india, which is a regulator and which ..... on, as its principal business, the business of acceptance of deposits from its members and which is declared by the central government under section 620a of the companies act, 1956 (1 of 1956), to be a nidhi or mutual benefit society;(va) a residuary non-banking company other than a financial ..... shall be three and a half per cent, of such chargeable interest.(2) notwithstanding anything contained in sub-section (1) but subject to the other provisions of this act, there shall be charged on every credit institution for every assessment ..... act, referred to as interest-tax) in respect of its chargeable interest of the previous year at the rate of seven per cent of such chargeable interest:provided that the rate at which interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of march, 1983 .....Tag this Judgment!