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Judgment Search Results Home > Cases Phrase: patents Court: chennai Page 8 of about 5,310 results (0.031 seconds)

Aug 23 2016 (HC)

Commissioner of Customs (Air), Chennai Vs. P. Sinnasamy and Another

Court : Chennai

..... exercise of power will be regarded as manifestly erroneous. if a power (whether legislative or administrative) is exercised on the basis of facts which do not exist and which are patently erroneous, such exercise of power will stand vitiated. (see cit v. mahindra and mahindra ltd.) the effect of several decisions on the question of jurisdiction has been summed up by ..... officer is obliged to give such an option. in the present case, having regard to the facts and circumstances in which the goods were said to be imported and the patent fraud committed in importing the goods, the additional collector has found that the goods had been imported in violation of the provisions of import (control) order, 1955 read with section ..... ) protection of human, animal or plant life or health; (l) the protection of national treasures of artistic, historic or archaeological value; (m) conservation of exhaustible natural resources; (n) protection of patents, trademarks and copyrights; (o) prevention of deceptive practices; (p) carrying on of foreign trade in any goods by the state, or by a corporation owned or controlled by the state .....

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Oct 13 1981 (HC)

Commissioner of Income-tax, Tamil Nadu-iii Vs. Sundaram Clayton Ltd.

Court : Chennai

Reported in : [1982]136ITR315(Mad)

..... licensed devices and spare parts for such devices sold by the assesse-company. in consideration of the licences and other rights granted under the agreement in respect of the licensed patents and licensed devices, a royalty amount of 2% of the factory cost of all licensed device and spare parts was also to be paid to the foreign company. the agreement ..... acquired merely technical knowledge or knowledge for the manufacture of any particular item for a specified duration than he had acquired only a licence to use the other party's patent and knowledge and the amount would constitute 'revenue expenditure.' 5. in cit v. lucase-tvs ltd. (no. 1) : [1977]110itr338(mad) , by the agreement similar to the one under consideration ..... of were similar to the agreements before them on the present occasion, came to the conclusion that the payment was made for using the knowledge and using the licences and patents of the collaboration for a short duration, that it related to the production and the turnover of the company and that, therefore, it would be of a revenue nature. it .....

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Dec 19 1963 (HC)

The Western India Match Company, Limited Vs. the Manohara Match Works, ...

Court : Chennai

Reported in : (1964)1MLJ355

..... discretion is to refuse registration when it is not clear that deception might not result from it. there is difference in the language of sections 72 and 73 of the patents, designs and trade marks act, 1883, of england and sections 11 and 12 of the trade and merchandise marks act, 1958 of india. the words 'calculated to deceive' found in ..... act, 1958.9. the learned advocate for the petitioners relied on the decision in eno v. dunn (1890) l.r. 15 a.c. 252. where it was held that the patents, designs and trade marks act, 1883, conferred upon the comptroller a discretion whether to register a trade mark or not and he ought to refuse registration where it was not .....

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Sep 05 2007 (HC)

Parle Products Private Limited represented hereIn by It's Area Sales M ...

Court : Chennai

Reported in : LC2007(3)438; 2007(35)PTC542(Mad)

..... , dated 23.11.2005 was sent to the respondent, but it elicited no positive response from the respondent. the respondent has filed an application for cancellation before the controller of patents and designs, calcutta. but, since they fail to file the statement of case, there is no further progress and the proceedings are deemed to be abandoned.4. according to the .....

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Jul 12 2016 (HC)

Mytrah Energy (India) Limited Vs. Gamesa Renewable Private Ltd.

Court : Chennai

..... to civil proceedings, have a role to play insofar as the consideration of grant of leave or revocation thereof under clause 12 of the letters patent is concerned. this is irrespective of the fact as to what expression is used. as observed aforesaid, the balance of convenience is also forum conveniens. the test ..... 10. forum conveniens: 10. 1. in the abovesaid decision, the question of forum conveniens was also considered by this court while granting leave under section 12 of the letters patent. accordingly, after considering number of pronouncements, it was finally concluded in the following manner: 57. there is little doubt that the principles of forum conveniens, though not applicable ..... the case, let us deal with the word cause of action . the word cause of action has not been defined either under the civil procedure code or under the letters patent. a cause of action has to be seen in the context of territorial jurisdiction available to the court while entertaining a suit. it is the basis for the ..... as under: 8. confidentiality:- for the purposes of this clause, confidential information means any proprietary information of the company, including but not limited to information relating to intellectual property rights, patents, trademarks, copyrights, trade secrets, know-how and the following types of information: technical data research, product plans, products, services, customer lists, software, developments, inventions, processes, formulate, technology .....

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Mar 04 2016 (HC)

N. Renuka Devi Vs. E. Lalitha and Another

Court : Chennai

..... original jurisdiction before the chartered high courts and those in other courts. for historical reasons this distinction was maintained right from the time the letters patent was issued, and has not been disturbed by the code of civil procedure, 1908, despite the amendments made in cpc from 1976 to 2002 ..... sarala vs. k.s.mohan): "15. per contra, mr.r.parthasarathy, learned counsel for the respondents placed reliance upon clause 37 of the letters patent, where this court has been given power to frame rules for regulating its own procedure and in respect of the civil procedure. insofar as the testamentary ..... not "rules" as defined in the code of civil procedure, 1908. secondly, it is not possible to accept the contention that the letters patent and rules made there under, which are recognised and specifically protected by section 129, are relegated to a subordinate status, as contended by the ..... chartered high court for regulating the procedure on its original side are concerned. ... 47. finally, it was argued by mr.jethmalani that the letters patent, and the rules made there under by the high court for regulating its procedure on the original side, were subordinate legislation and, therefore, must ..... governed by the procedure prescribed by the rules made in exercise of the powers of the chartered high courts under clause 37 of the letters patent. interestingly, section 652 of this act itself empowered the high courts to make rules 'consistent with this code to regulate any matter connected .....

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Nov 17 1926 (PC)

Peria Koil Kelvi Appan Govinda Ramanuja Pedda Jeeyangarlavaru Vs. Kada ...

Court : Chennai

Reported in : AIR1927Mad398; (1927)52MLJ161

..... as contended for by mr. venkatachariar, final decisions in equity cases were known as decrees is not at all clear. section 40 of the letters patent shows that the words 'judgment' and 'decree' are not limited to final decisions, because it refers to preliminary or interlocutory judgments, etc. the decisions ..... has been generally considered as affording a general test as to what amounts to a 'judgment' within the meaning of clause 15 of the letters patent. applying the test contained in it, the learned judges in srinivasa aiyangar v. ramaswami chettiar held that the order of a single judge of ..... high, court refusing stay of execution or allowing it does not amount to a ' judgment' within the meaning of clause 15 of the letters patent. the decision in vairavan chettiar v. ramanathan chettiar simply follows the decision in srimantu raja yarlagadda durga prasada nayadu v. srimantu raja yarlagadda mallikarjuna ..... mofussal court pending the disposal of the appeal therefrom to the high court is a 'judgment' within the meaning of clause 15 of the letters patent and that an appeal therefrom is maintainable under that clause. it is conceded that this decision would govern the present case. but what is ..... it is the civil procedure code definition of a decree, it does not say. there is of course no particular reason why we should interpret the letters patent by the civil procedure code, nor to my mind is there any particular reason why we should interpret the word 'decree' in the old equity sense. .....

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Dec 19 1963 (HC)

The Western India Match Co. Ltd. Vs. the Manohara Match Works and ors.

Court : Chennai

Reported in : AIR1965Mad42

..... and merchandise marks act, 1958.(9) the learned advocate for the petitioners relied on the decision in eno v. dunn, (1890) 15 ac 252 where it was held that the patents, designs and trade marks act, 1883 conferred upon the comptroller a discretion whether to register a trade mark or not and he ought to refuse registration where it was not ..... discretion is to refuse registration when it is not clear that deception might not result form it. there is difference in the language of ss. 72 and 73 of the patents, designs and trade marks act 1883 of england and ss. 11 and 12, trade and merchandise marks act 1958 of india. the words 'calculated to deceive' found in the sections .....

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Aug 30 1994 (HC)

Commissioner of Income-tax Vs. Maschmeijer Aromatics (India) Pvt. Ltd.

Court : Chennai

Reported in : (1995)127CTR(Mad)221; [1995]214ITR22(Mad)

..... correct to say that mere goodwill has been purchased by the assessee in the instant case. the agreement details the use of not only the technical know-how, but also patent, design, etc., which would be a commodity like any other capital asset. for this reason, the argument that the amount paid will have to be treated as a revenue expenditure ..... assessee has, in fact, allotted 200 shares worth rs. 2,00,000 to its foreign collaborator in consideration not only of the know-how, but also for the use of patents, trademarks, licence, certification, designs, marks, etc., in india. it is also not in dispute that having done so, the assessee has shown the said amount of rs. 2,00,000 ..... compounds. the foreign company, messrs. maschmeijer aromatics, has permitted its technical know-how to be supplied to be used by the assessee. they have also permitted the use of their patent trademark, design, certification marks, etc., by the assessee-company. clause 7(g) of the agreement provides that the assessee-company will have exclusive licence to use in india, the ..... patents, trademarks, designs, licence, certification marks, processes and modes of production for the manufacture and sale of the said production in the country. it appears that the participation of the foreign .....

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Oct 28 1976 (HC)

C. Siddeswaran Vs. R. Shanmugham Pillai

Court : Chennai

Reported in : (1977)2MLJ242

..... and to prevent the defendant from the temptation of carrying on further breach with the help of the in-fringing machinery. due, to changed circumstances, namely, the lapse of the patent, an order of injunction cannot be continued and naturally no question of an order being passed for ensuring the observance of the injunction would arise. in the circumstances, it would ..... fixed the damages payable by the defendant to the plaintiff at rs. 12,000. he further granted an order of injunction restraining him from infringing the plaintiff's patent no. 67545 and patent for addition no. 90265 during the continuance thereof. he also directed the defendant to produce the infringing machinery for being disposed of.3. the present appeal is filed ..... . the plaintiff came to know that the defendant, who is carrying on business as grain dealer and fried gram merchant at madras, was using an automatic machine containing the patented features invented by the plaintiff for roasting bengal gram. as the plaintiff's notices to the defendant to desist from using the automatic machine failed, he came forward with the ..... is preferred by the defendant in the suit against the judgment of maharajan, j., granting a decree: (a) for injunction restraining the defendant from infringing the plaintiff's patent no. 67546 and patent for addition no. 90265 during the continuance thereof; and (b) directing the defendant to produce into court the infringing gramfrying machine in his possession for the purpose of destruction .....

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