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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, MANJUSHA DESHPANDE
Vishal Prafulsingh Solanke – Appellant
Versus
Controller of Patent and Designs – Respondent
| Table of Content |
|---|
| 1. no prima facie appeal under cca s13 against patents s117a order. (Para 1 , 2 , 3 , 4) |
| 2. patent refused post-opposition; appealed under s117a. (Para 5 , 6 , 7 , 18) |
| 3. single judge decree appealable under cca s13(1a); s100a inapplicable. (Para 8 , 9 , 10 , 11) |
| 4. patents act bars intra-court appeal; cca s13 exhaustive. (Para 12 , 13 , 14) |
| 5. s100a bars intra-court appeals from statutory appeals. (Para 15 , 16 , 17) |
| 6. cca s13(1a) permits appeals from judgments; proviso limits orders. (Para 19 , 20 , 21 , 22) |
| 7. s117a appeal to single judge is appellate; s100a bars further appeal. (Para 23 , 24) |
| 8. cpc s100a applies to curtail second appeals. (Para 25 , 26 , 27 , 32 , 33) |
| 9. s100a bars lpas from single judge statutory appeals. (Para 28 , 29 , 30 , 31 , 34 , 35 , 36 , 37) |
| 10. controller quasi-judicial with civil court trappings. (Para 38 , 39 , 40) |
| 11. registrar/controller decisions judicial; s100a applicable. (Para 41 , 42 , 43 , 44 , 45) |
| 12. distinguishes precedents; patents controller akin to court. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55) |
| 13. appeal not maintainable due to s100a bar. (Para 56) |
JUDGMENT :
BHARATI DANGRE, J.
1. The Commercial Appeal filed by the A
No intra-court appeal under Commercial Courts Act lies against Single Judge order on Patents Act appeal due to CPC Section 100A bar, Controller possessing Civil Court trappings as quasi-judicial auth....
The proviso in Section 13 of the Commercial Courts Act qualifies the generality of the main provision by providing an exception, and appeals from orders passed in commercial causes would lie only in ....
Appeals against non-enumerated orders under the Commercial Courts Act are not maintainable, reinforcing adherence to Supreme Court precedent and emphasizing efficient judicial processes in commercial....
Point of law : Section 4 of the Code of Civil Procedure, as is evident from its plain reading, does not mean that the CPC does not apply to the proceedings under special or local laws but only indica....
Provisions of Code of Civil Procedure will apply to all matters on which special or local law is silent.
The LPA remedy is not ousted by Section 13 of the 2015 Act.
Jurisdiction for appeals under the Patents Act is confined to the High Court corresponding to the Patent Office where the application originated.
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