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Judgment Search Results Home > Cases Phrase: patents Court: andhra pradesh Year: 1962 Page 1 of about 21 results (0.032 seconds)

Aug 16 1962 (HC)

Mulpura Venkataramayya Vs. Devabhaktuni Kesavanarayana

Court : Andhra Pradesh

Decided on : Aug-16-1962

Reported in : AIR1963AP447

..... appeal on a question of fact, there is no such inhibition in clause 15 of the letters patent. there is no rule of law that any finding of fact arrived at by a single judge of the high court in a first appeal is not open to be ..... no force in the contention that a finding of fact arrived at by a single judge of the high court is not open to attack. clause 15 of the letters patent is differently worded from section 100 of the code of civil procedure. while section 100. c.p.c. enacts that the high court ought not to interfere in second ..... -52 of rs. 500, rs. 700, and rs. 200/- respectively were true- he disallowed the claim of the plaintiff in regard to those amounts. he has consequently preferred the letters patent appeal.2. we have carefully perused the entire documentary and oral evidence in the case. exhibits b.1 and b-2 do not throw any light on the three payments ..... challenged under clause 15 of the letters patent. the letters patent appeal under clause 15 of the letters patent is in the nature of a re-hearing of the appeal.6. in the result, the appeal is allowed and the claim of the plaintiff ..... umamaheswaram, j. 1. this is an appeal under clause 15 of the letters patent against the judgment and decree of sanjeeva row nayudu, j. parity reversing the judgment and decree of the subordinate judge, of vijayawada in o.s. no. 148 of 1954. the .....

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Feb 20 1962 (HC)

Kuppa Viswapathi Vs. Kuppa Venkata Krishna Sastry

Court : Andhra Pradesh

Decided on : Feb-20-1962

Reported in : AIR1963AP9

..... of clause 15 of the letters patent. undeniably, the appeal was put an end to by that order. moreover, there is an adjudication on the question as to the maintainability of the suit ..... those circumstances that the learned judges ruled that the order calling for a finding was not a 'judgment', as contemplated by clause 15 of the letters patent.15. applying the criteria indicated above, there can be little doubt that the order of the learned judge amounted to a 'judgment' within the mischief ..... as a 'judgment'. if a decision effectively disposes of a suit or proceeding, it is a 'judgment' within the purview of clause 15 of the letters patent.13. undeniably, an appeal is a proceeding. in the instant case, the appeal is finally disposed of and there is nothing further to be done in ..... would lie against the order in question, as it did not amount to a 'judgment' within the sweep and range of clause 15 of the letters patent. the chief ground urged by the learned counsel for the respondent is that an order of remand could not be invested with the character of 'judgment' ..... 262) (fb) accords with this. there, it was laid down that an appeal under section 10 of the letters patent of the allahabad high court, which corresponds to clause 15 of the letters patent of the bombay, madras and calcutta high courts, lay against an order which finally and effectively disposes of the appeal, as .....

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Apr 20 1962 (HC)

In Re: Patthi Srinadham and ors.

Court : Andhra Pradesh

Decided on : Apr-20-1962

Reported in : AIR1963AP18

..... the present case.10. i, therefore, hold on point no. i that a review lies in law against the order refusing leave to file a letters patent appeal.11. point no. 2. the learned counsel for the petitioners-plaintiffs contends that there are sufficient grounds for reviewing the order 'no leave' of ..... council dealt with the contention that the orders and rules made under the code of civil procedure, 1908 have no application to appeals brought under the letters patent of 1865. their lordships observed that the said contention was too wide and concluded thus (at p. 318 (of mad lj) : (at p. 84 ..... . 671 of air) ). 'apparently the practice of this high court has been in favour of allowing reviews to be filed in appeals under the letters patent.' the learned judges followed the decision of the bombay high court in ratanchand khimchand v. damji dharsey, air 1927 bom 232 and held that section 114 applied ..... as at present advised, we are in agreement with mr. subrahmanya ayyar that this provision would not enable courts, by implication, to supplement the letters patent by importing into it all acts ejusdem generis passed by the governor-general in council..... even in this view, we think that by section 117 of ..... judgment, the learned judge stated in the end 'no leave' which obviously means that he refused leave to the appellants-plaintiffs to file a letters patent appeal against that decision. the two appellants filed s.r. no. 5072 of 1961 praying for review of that order of srinivasachari, j. so far .....

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Apr 13 1962 (HC)

Chand Sultana Alias Indra Bai Vs. Khurshid Begum and ors.

Court : Andhra Pradesh

Decided on : Apr-13-1962

Reported in : AIR1963AP365

..... on an interlocutory injunction to attempt finally to decide the question whether the act complained of is an infringement or (if the question of the validity of the patent is raised) whether the patent is a valid one or not, yet in my opinion it ought to be satisfied that on one or both of those two points, the plaintiff in the .....

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Jul 25 1962 (HC)

Anamik Pedda Narasanna and anr. Vs. Anamik Guda Dakanna

Court : Andhra Pradesh

Decided on : Jul-25-1962

Reported in : AIR1963AP227

..... subject to the superintendence of the said high court that clause 15 could be invoked. if this condition is not satisfied, then clause 15 of the letters patent could not be invoked at all. be that as it may, we feel that the second objection raised by the office is substantial.9. even on merits ..... which is nothing more than a step towards obtaining a final adjudication in the suit is not, in my opinion, a judgment within the meaning of the letters patent.' the learned chief justice added :- 'i think too, an order on an independent proceeding which is ancillary to the suit (not instituted as a step towards ..... the learned counsel for the appellant, sri vaidya, that the order in question answers the description of 'judgment' within the wording of clause 15 of the letters patent and as laid down by the judgment of the madras high court in tuljaram row v. algappa chettiar, ilr 35 mad 1 at p. 7 (fb). ..... of clause 15 of the letters patent and (ii) that as the order was made by the learned judge in exercise of his second appellate jurisdiction the appeal without the leave of the learned judge ..... office has raised an objection as to the maintainability of the appeal on the ground that the appellants could not take advantage of clause 15 of the letters patent. the two grounds urged by the office are: (i) that the order in the present case cannot be described as a 'judgment' within the terms .....

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Aug 30 1962 (HC)

Seemakurty Achyutam Vs. Seemakurti Kasi Annapurnamma and ors.

Court : Andhra Pradesh

Decided on : Aug-30-1962

Reported in : AIR1963AP277

..... v. ramasami, ilr 56 mad 915: (air 1933 mad 570). the high/courts of bombay and nagpur have taken the view that clause 15, letters patent overrides the provisions contained in section 104, civil p. c. our attention was also drawn to a recent decision of the supreme court in union of india ..... of.4. so far as the first objection that the provisions of order 47 rule 7, civil p. c. override the provisions of clause 15, letters patent is concerned, reliance was placed on the decision of the madras high court in chinnadorai v. r. doraisundararn, : air1954mad642 . it is no doubt a direct ..... of which review was sought by the application before teunon j.' following this judgment we hold that the appeal is not maintainable under clause 15, letters patent to a division bench. if the contention of sri kesava rao is accepted, it amounts to this viz., that we are entitled to review the ..... review application was heard by teunon j. and it was rejected by him sitting alone. as against his judgment an appeal under clause 15, letters patent was filed. woodroffe j. delivering the judgment on behalf of the division bench held that no appeal lay. the learned judge observed as follows:'the intention ..... reasons to excuse the delay in filing the review application and consequently dismissed the application. as against this judgment of jaganmohan reddy j., the letters patent appeal is filed to this court.2. two objections were taken by the office as to the maintainability of the appeal. the first objection was .....

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Sep 28 1962 (HC)

Thota Appanna Died After Disposal of the Appeal and His Lrs. and Sons ...

Court : Andhra Pradesh

Decided on : Sep-28-1962

Reported in : AIR1963AP418

..... on the decision in thiruvengada mudaliar, in re, 1948-2 mad lj 47 : (air 1949 mad 260). that case arose out of an application under clause 17 of the letters patent (madras) before yahya ali, j. by the father and manager of the hindu joint family, who had two adult sons and five minor sons for being appointed guardian of the .....

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Sep 20 1962 (HC)

Lt. Col. P.H. Choudhary Vs. Altaf Ahmed and anr.

Court : Andhra Pradesh

Decided on : Sep-20-1962

Reported in : AIR1963AP382

..... by allowing the respondents an additional sum of rs. 2,150/-. it is this decree of the learned judge that is assailed before us in this letters patent appeal under clause (15) of the letters patent.6. the view pressed upon us by sri ramanu-julu nayudu, learned counsel for the appellant, is that with the abatement of the appeal the memorandum ..... follows that the memorandum of cross-objections has to be dismissed without consideration of its merits.10. in the result, the judgment under appeal is set aside and the letters patent appeal allowed. there will be no order as to costs both here and in appeal no. 131 of 1957 and in memorandum of cross-objections. ..... p. chandra reddy, c.j.1. this letters patent appeal raises a question relating to the impact of the abatement of an appeal on the memorandum of cross-objections.2. the short facts, which are not in dispute, are .....

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Oct 15 1962 (HC)

Bhupatiraju Sreeramaraju and ors. Vs. Nadimpalli Pullam Raju and anr.

Court : Andhra Pradesh

Decided on : Oct-15-1962

Reported in : AIR1963AP403

..... to the items which were declared by the subordinate judge as the separate properties of the father. it is as against the judgment of our learned brother that the letters patent appeals have been filed before this court.2. sri gangadhararao, the learned advocate for the appellants, raised a new legal contention based on the admitted facts viz., that the rice ..... umamaheswaram, j.1. both these letters patent appeals are directed against the judgment and decree of our learned brother sanjeeva row nayudu j., in appeals no. 214 of 1956. defendants 21, 4 and 5 are the appellants .....

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Oct 24 1962 (HC)

V.V. Narayana Chetty Vs. Narappareddigari Venkata Reddi

Court : Andhra Pradesh

Decided on : Oct-24-1962

Reported in : AIR1963AP452

..... but dismissed it in so far as it related to the decree for possession of the immovable property. however, the learned judge granted leave under clause 15 of the letters patent and that is how the matter is now before us.4. in this appeal, we are called upon to decide whether the petition by the appellant-decree-holder filed in ..... p. chandra reddy, c.j.1. the primary point that falls for decision in this letters patent appeal relates to the scope of article 182 (5) of the indian limitation act and it arises in the following circumstances :2. the appellant filed a suit in the court .....

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