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- THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.A. No.1181 of 2024 andC.M.P.Nos.8549 and 8550 of 2024Ashok Leyland Limited rep. By itsAuthorized Signatory Satish S.M.,No.1, Sardar Patel Road,Guindy, Chennai – 600 032. .. AppellantVs.1.The Controller of Patents & Designs,The Patent Office, ChennaiPatent Office Intellectual Property Building, G.S.T. Road, Guindy, Chennai – 600 032.2.Tata Motors Ltd.,Bombay House,24, Homi Mody Street,Hutatma Chowk, Mumbai – 400 001. .. RespondentsWrit Appeal filed under Clause 15 of the Letters Patentagainst the impugned order dated 15.03.2024 passed in W.P. (IPD) No.1 of 2024 in respect of post-grant opposition proceedings against the Appellant’s patent number IN387429 (Patent application number 201641025668 dated 27.07.2016) and consequently direct respondent No.1 to consider the documents filed by the petitioner and the respondent No.2 and to consider the matter afresh by re-constituting a fresh Opposition Board for providing a fresh joint recommendation pending disposal of thepresent writ appeal.For Appellant : Mr.M.S.BharathFor Respondents : Mr.R.Rajesh Vivekananthan, Deputy Solicitor General for R1Mr.P.V.Balasubramanian, Senior Counsel for Ms.Archana Shankar for R2ORDER(Order of the Court was made by M.Sundar, J.)Captioned ‘Writ Appeal’ (hereinafter ‘captioned WA’ forthe sake of convenience and clarity) is an intra-court appeal and it is directed against an order dated 15.03.2024 made by Intellectual Property Division of this Court i.e., by a Hon’ble Single Judge of this Court in W.P.(IPD) No.1 of 2024 and W.M.P. Nos.1 and 2thereat.
- In this context, in order to effectively implement the guidelines, the first respondent shall direct all the District Educational Authorities to constitute Monitoring Committees in each schools headed by the Head of the Institution, parents, teachers, senior students etc., as decided by the Government and such Monitoring Committees shall ensure that the guidelines are implemented scrupulously and any untoward incidents or any different behaviour of the staff members and the children, are brought to the notice of the Authorities, for initiation of remedial measures, the first respondent is directed to issue the guidelines in consonance with the Clauses 7.8 and 7.9 of the Guidelines for Elimination of Corporal Punishment in Schools (GECP).(7) The consolidated Circular/Instructions are directed to be issued, within a period of five weeks from the date of receipt of a copy of this order.
- Case agains Pension Scheme / HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM andTHE HONOURABLE MR.JUSTICE K.RAJASEKARW. P.Nos.1661 of 2015 and 19076 and 35462 of 2023andW.M.P.Nos.18326, 18327, 35437 and 35439 of 2023W.P.No.1661 of 2015 dismissed#,#
- [24/04, 20:20] DURAIVAIYAPURI Mhc Advt: WHAT IF THE POLICE OFFICER FAILED TO REGISTER THE FIR INLIGHT OF THE DIRECTION ISSUED BY THE MAGISTRATE UNDER SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE?
- In view of our decision holding the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act 33 of 2010 as repugnant, void andultra vires the Constitution, the proceedings initiatedagainst the appellants by issuance of show cause notices in exercise of the power of such enactment are unsustainable and, as such, the common order ofthe learned Single Judge dated 3.7.2023 in W.P.Nos.17331, 13507, 13510, 13514, 14424,14426, 14428, 14432, 16963, 17164, 17399,17371, 18475 and 18479 of 2023 is set aside.(ii) The respective show cause notices/orders issued against the appellants shall stand quashed. However, the respondent authorities will be at liberty to initiatefresh proceedings under the Waqf Act, 1995, as amended, in accordance with law.(iii) There shall be no order as to costs. Consequently, all connected miscellaneous petitionsare closed.(S.V.G., CJ.) (D.B.C., J.)23.04.2024
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- THE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.A. No.1181 of 2024 andC.M.P.Nos.8549 and 8550 of 2024Ashok Leyland Limited rep. By itsAuthorized Signatory Satish S.M.,No.1, Sardar Patel Road,Guindy, Chennai – 600 032. .. AppellantVs.1.The Controller of Patents & Designs,The Patent Office, ChennaiPatent Office Intellectual Property Building, G.S.T. Road, Guindy, Chennai – 600 032.2.Tata Motors Ltd.,Bombay House,24, Homi Mody Street,Hutatma Chowk, Mumbai – 400 001. .. RespondentsWrit Appeal filed under Clause 15 of the Letters Patentagainst the impugned order dated 15.03.2024 passed in W.P. (IPD) No.1 of 2024 in respect of post-grant opposition proceedings against the Appellant’s patent number IN387429 (Patent application number 201641025668 dated 27.07.2016) and consequently direct respondent No.1 to consider the documents filed by the petitioner and the respondent No.2 and to consider the matter afresh by re-constituting a fresh Opposition Board for providing a fresh joint recommendation pending disposal of thepresent writ appeal.For Appellant : Mr.M.S.BharathFor Respondents : Mr.R.Rajesh Vivekananthan, Deputy Solicitor General for R1Mr.P.V.Balasubramanian, Senior Counsel for Ms.Archana Shankar for R2ORDER(Order of the Court was made by M.Sundar, J.)Captioned ‘Writ Appeal’ (hereinafter ‘captioned WA’ forthe sake of convenience and clarity) is an intra-court appeal and it is directed against an order dated 15.03.2024 made by Intellectual Property Division of this Court i.e., by a Hon’ble Single Judge of this Court in W.P.(IPD) No.1 of 2024 and W.M.P. Nos.1 and 2thereat.
- In this context, in order to effectively implement the guidelines, the first respondent shall direct all the District Educational Authorities to constitute Monitoring Committees in each schools headed by the Head of the Institution, parents, teachers, senior students etc., as decided by the Government and such Monitoring Committees shall ensure that the guidelines are implemented scrupulously and any untoward incidents or any different behaviour of the staff members and the children, are brought to the notice of the Authorities, for initiation of remedial measures, the first respondent is directed to issue the guidelines in consonance with the Clauses 7.8 and 7.9 of the Guidelines for Elimination of Corporal Punishment in Schools (GECP).(7) The consolidated Circular/Instructions are directed to be issued, within a period of five weeks from the date of receipt of a copy of this order.
- Case agains Pension Scheme / HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM andTHE HONOURABLE MR.JUSTICE K.RAJASEKARW. P.Nos.1661 of 2015 and 19076 and 35462 of 2023andW.M.P.Nos.18326, 18327, 35437 and 35439 of 2023W.P.No.1661 of 2015 dismissed#,#
- [24/04, 20:20] DURAIVAIYAPURI Mhc Advt: WHAT IF THE POLICE OFFICER FAILED TO REGISTER THE FIR INLIGHT OF THE DIRECTION ISSUED BY THE MAGISTRATE UNDER SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE?
- In view of our decision holding the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act 33 of 2010 as repugnant, void andultra vires the Constitution, the proceedings initiatedagainst the appellants by issuance of show cause notices in exercise of the power of such enactment are unsustainable and, as such, the common order ofthe learned Single Judge dated 3.7.2023 in W.P.Nos.17331, 13507, 13510, 13514, 14424,14426, 14428, 14432, 16963, 17164, 17399,17371, 18475 and 18479 of 2023 is set aside.(ii) The respective show cause notices/orders issued against the appellants shall stand quashed. However, the respondent authorities will be at liberty to initiatefresh proceedings under the Waqf Act, 1995, as amended, in accordance with law.(iii) There shall be no order as to costs. Consequently, all connected miscellaneous petitionsare closed.(S.V.G., CJ.) (D.B.C., J.)23.04.2024