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Gulshan Prakash v. State of Haryana (2010) 1 SCC477

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Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary  Introduction  In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951. Facts The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court.  The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136. Appellant Contentions  MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses.  The Government o

Reckitt Benkiser India Ltd vs Wyeth Ltd. 15 March, 2013

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Reckitt Benkiser India Ltd vs Wyeth Ltd. Case Summary Facts The issue referred to this full bench was raised out of an appeal made to the division bench where the appellant was claiming the protection of its registered design for an S-shaped spatula from infringing by the respondent. The referred issues were concerned with the judgement of the Division Bench of this Court in the case of Dabur India Ltd. v. Amit Jain & Anr ., 2009 in which- they held that the term "prior publication" as mentioned in S.4(b) & S.19(1)(b) does not include publication abroad by the existence of the design in the records of the Registrar which is open for public inspection. they concurred with the judgement of the Single Bench of Calcutta High Court in the case of Gopal Glass Works Ltd. 2006 and held that mere publication of designs, specifications, drawings and/or demonstrations by the patent office in a foreign country would not make a design registered in India liable to cancellation und

Bharat Glass Tube Limited v. Gopal Glass Works Limited 2008 (37) PTC 1 (SC)

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Bharat Glass Tube Limited v. Gopal Glass Works Limited 2008 Case Summary/Interpretation|| Bharat Glass Tube Ltd v Gopal Glass Works Ltd summary Facts In a suit filed by the respondent (Gopal Glass Works Ltd), the District Court decreed in his favour and restrained the appellant (Bharat Glass Tube Ltd) from infringing the design registered by the respondent. Thereafter, the appellant filed an application under S.19 of the Design Act, 2000 before the Controller of Patents & Designs for the cancellation of the registration of the respondent's design on the ground that the design was not new or original and has already been published in India. The appellant submitted two documents for his contention:- The German company that manufactured the roller with the design for the respondent had already registered the design in 1992 for the roller. A document downloaded from the official website of the Patent Office of the United Kingdom shows that the same design was registered in the name