Court : Chennai
Reported in : (1922)43MLJ486
..... p.a. no. 26 of 1921, and the legacy of rs. 2,000 (item 24) is given to papayya whose legal representative is the appellant in letters patent appeal no. 24 of 1921.25. as regards the disposing power of venkayyamma, i have little hesitation in holding that she had power to dispose of the income ..... aiyar held that the decision of the subordinate judge was right, while mr. justice phillips held that the suits were not barred by limitation, and hence these letters patent appeals against]the decision of sadasiva aiyar, j. dismissing the suits as barred.23. the main contentions raised by the defendants before us are (1) that the ..... for certain pecuniary legacies set out in the will she bequeathed the residue of the government promissory notes and cash to her two brothers. the appellant in letters patent appeal no. 20 of 1.921. who is the rajah of bhadrachalam got an assignment of two legacies of rs. 80,000 and rs. 40,000, which ..... j.20. these appeals arise out of a will executed by the rani of medur. the appellant in letters patent appeal no. 20 of 1921 represents the residuary legatee under the will and the appellants in letters patent appeals nos. 24 and 26 of 1921 arc two of the pecuniary legatees. the respondents who are the same ..... bequeathed to the sister-in-law of the medur ranee and also of the residue which was bequeathed to her brothers. the appellant in letters patent appeal no. 26 of 1921 got a legacy of rs. 40,000, and bapayya, whose legal representative is the appellant in letters .....Tag this Judgment!
Court : Chennai
Reported in : AIR1927Mad409; (1927)52MLJ192
..... court sitting on the original side allowing or refusing to allow a plaintiff to sue as a pauper is a judgment under clause 15 of the letters patent. but this case has no application as the learned judges were of opinion that the order was not an interlocutory one but was an adjudication of ..... application was not in any matter in a pending suit and krishnan, j., at page 321, while referring to the cases observed that the cases where letters patent appeals were refused fell under the second part of the definition of sir arnold white, c.j., in tuljaram row v. alagappa chettiar ilr (1910) m ..... very important matter for the plaintiff or the defendant but that by itself could not make the order of refusal a judgment within the meaning of the letters patent. 1 think an order like the present is, to use the words of sir arnold white, c.j., merely an adjudication on an application which is ..... 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.i think, too, an order on an independent proceeding which is ancillary to the suit (not instituted as a step towards judgment, but with a view ..... such an order and the question is whether an order in an interlocutory application refusing inspection is a judgment within the meaning of clause 15 of the letters patent. mr. g. krishnaswami aiyar who appears for the appellant is unable to cite any authority in support of his argument that an appeal lies. he .....Tag this Judgment!
Court : Chennai
Reported in : 143ITR281(Mad)
..... one particular clause in the collaboration agreement provided that the indian concern will have to pay to the swiss company, a technical and research contribution for the use of patents. it was provided expressly in the agreement that the technical and research contribution had to be treated as a consideration for the scientific and technical assistance and as a ..... consideration should pass from the indian company to wavin. it was quite clear that the assessee obtained for a song from wavin technical information and know-how, the grant of patents and licences, and the results of research and development in wavin's foreign plant. 3. the collaboration agreement, however, contained one important clause under which the indian company ..... . in all these respects the collaboration pattern. however, in one significant respect the agreement in the present case manifests a difference. while wavin undertook to provide technical information, patents, licences and also research and development, the agreement did not provide for any consideration to pass from the indian company to wavin in respect thereof. the relevant clause in ..... hand. a study of the decided cases shows that the usual run of collaboration aids the indian concerns. first comes the running of the factory. provision for assignment of patents or provision for licence for working the parents, training of technical personnel, sharing of the results of the research and development, are some of the aspects of collaboration connected .....Tag this Judgment!
Court : Chennai
Reported in : AIR1930Mad727; (1930)59MLJ358
..... under section 73 of the contract act read with illustration (n).46. for the above reasons, the decision of phillips, j., under appeal in letters patent appeals nos. 256 to 258 should be reversed and the plaintiff's suit so far as it relates to interest should be dismissed with costs.47. ..... decision in abdul safflur rowther v. hamida bivi ammal : (1919)36mlj456 in support of his conclusion.24. the short question for determination in these letters patent appeals is whether the plaintiff is entitled to claim 'interest' on the arrears of rent decreed to him. the respondent supports the judgment of phillips, j ..... paid by me to you from the year in which the assessment in levied by the government.23. the suits out of which these letters patent appeals arise were instituted by the plaintiff for the recovery of arrears of rent together with 'interest' on the arrears. the district munsif gave decrees ..... taken as typical to show the terms under which the lessees held their lands. its main terms, so far as these are relevant for these letters patent appeals, are as follows:.the remaining sthalams...shall be held and be held as saswatham (permanently) without surrendering the same for ever and enjoyed by ..... of the plaintiff holding lands under perpetual lease deeds, the terms of which in respect to material particulars are alike in all cases except in letters patent appeal no. 255 of 1925, which will be referred to later. under the lease deeds, waste lands were leased out on condition that rent should .....Tag this Judgment!
Court : Chennai
Reported in : (1927)53MLJ494
..... v. alagappa chettiar ilr (1910) m 1 : 1910 21 mlj 1 within the meaning of clause 15 of the letters patent, and is, therefore, not appealable. the appeal, assuming it to lie, should also, in my view, be dismissed upon its merits.12. it has not been contended before us ..... to have applied to review his order or to revise the subordinate judge's finding, i. e., that the security tendered was insufficient. on all these grounds the letters patent appeal must be dismissed with costs.curgenven, j.11. i agree that the order appealed against is not a 'judgment' as that term has been explained in tuljaram row ..... adjudication on an application which is nothing more than a step towards obtaining a final adjudication in the suit is not a judgment within the meaning of the letters patent. he thought an order on an application for an interim injunction or for the appointment of a receiver is a judgment within the meaning of the clause as although ..... the dismissal contained in the order of 3rd september and extend the period. it is against that order that the letters patent appeal is brought.2. the first question is whether any appeal under clause 15 of the letters patent lies in this case, and 'whether the order of mr. justice jackson of the 17th december is a judgment. the ..... odgers, j.1. this is a letters patent appeal from the order of mr. justice jackson in. c.m.p. no. 4487 of 1926 dated 17th december, 1926. the suit in which the order was made .....Tag this Judgment!
Court : Chennai
Reported in : (1913)25MLJ565
..... passed under our appellate jurisdiction. it is not an order passed in the exercise of original jurisdiction as clauses 11,12 and 13 of the letters patent show, what is meant by the original civil jurisdiction of the high court. on this ground also i think that this application cannot stand and ..... orders made in the exercise of original jurisdiction no appeal lies to two or more judges under the provisions of the 15th section of the letters patent. then the latter portion of section 39 says that from any final judgment decree or order involving property of the value of not less than rs ..... appertains to criminal jurisdiction but i wish to add that even if the matter was not one relating to criminal jurisdiction section 39 of the letters patent would not apply. the first part of section 39 relates to appeals from final judgments, decrees or orders made on appeal and from final judgments ..... be taken as one relating to criminal jurisdiction. the petitioner is not therefore entitled to appeal to the privy council under claues 39 of the letters patent. this petition must be dismissed.sadasiva aiyar, j.4. i agree that this petition must be dismissed on the ground that our order was passed ..... exercised criminal jurisdiction. cases deciding that an order granting sanction to prosecute a person does not fall within the purview of section 15 of the letters patent are not in point, for that section refers to a judgment or order in a criminal trial. this court has held that an order granting sanction .....Tag this Judgment!
Court : Chennai
Reported in : AIR1924Mad119; 79Ind.Cas.372; (1923)45MLJ735
..... land act by the civil procedure code, becomes a civil court for the purposes of the act. it is urged that, by section 16 of the letters patent, all civil courts in the presidency are subject to the superintendence of the high court and the board of revenue, being a civil court when ..... decision of the board of revenue.11. the first point is not supportable on any authority. it is a fallacy to say that because the letters patent do not specifically refer to revenue courts, therefore they are included in the expression 'civil court.' to use the term 'court' with regard to revenue ..... orders passed by the board of revenue under chapter ii of the madras estates land act. mr. jagannatha doss puts forward three contentions. (1) the letters patent of the high-court classifies all courts into criminal and civil, and, therefore, a revenue court is included in the expression 'civil court' and the ..... in the course of trying a suit for rent. further, these courts are subject to the superintendence of the high court by virtue of the letters patent.6. it does not however follow that the board of revenue, when discharging the functions vested in it by the government notification no. 159 of april ..... passing decrees for rent under bengal rent act are civil courts for the purpose of the civil procedure code of, 1859, and by clause 16 of the letters patent, all the civil courts in the presidency have been subordinated to the high court. following this ruling, the calcutta high court interfered in revision with .....Tag this Judgment!
Court : Chennai
Reported in : (1931)61MLJ820
..... , mr. t. m. krishnaswami aiyar, the learned advocate who appeared for the respondent, raised a preliminary objection to the hearing of the letters patent appeal on the ground that no second appeal lay to the high court against an order passed under section 53 of the provincial insolvency act, and ..... was granted in civil miscellaneous second appeal no. 104 of 1928. the vendees under ex. i alagiri subba naik and others have accordingly preferred letters patent appeal no. 114 of 1929 against the decision of the learned judge in civil miscellaneous second appeal no. 104 of 1928. of course no appeal ..... , and no second appeal lay in respect of it. the dismissal of the second appeal by the learned judge was therefore right, and this letters patent appeal should be dismissed with costs.anantakrishna aiyar, j.9. pethappa naik filed a petition on 5th october, 1920 (interlocutory petition no. 8 of ..... dismissed the revision petition filed by the appellants with their appeal before him. nevertheless he afterwards granted leave to them to appeal under the letters patent against his dismissal of their second appeal. we are, therefore, left in the curious position of hearing an appeal against the learned judge's decision ..... i entirely agree with his conclusions.2. i find myself in some embarrassment in dealing with this appeal. it is an appeal under the letters patent against curgenven, j.'s dismissal of a second appeal against an order made by a district munsif annulling a sale under section 53 of the .....Tag this Judgment!
Court : Chennai
Reported in : (1902)ILR25Mad457
..... is expressly included, i.e., section 17 of the inventions and designs act, 1888, which is substantially a reproduction of section 27 of the english patents, &c.;, act, 1883.46. by way of illustration i may mention the following instances in which government has been specially exempted:indian contract act, ..... smithett v. blythel b. & ad. 509 also cited in support of the petition, the question turned upon 3 geo. 36 which confirmed a patent formerly granted by the crown for taking tolls in respect of a light-house. there was a proviso that nothing in the act should extend to ..... crown in its real sense. similarly the privilege of the crown to use an invention without compensation to the patentee, notwithstanding the grant of a patent for the exclusive right to the use of the invention and the implied exemption of the crown from payment of tolls, notwithstanding a grant, by ..... bound by the statute, and whenever it is intended to bind the crown, it is expressly named, e.g., the arbitration act, 1889, section 23; the patents, etc., act, 1883, section 27; the bankruptcy act, 1883, section 150; the interpretation act, 1889, section 30; the stamp act, 1891, section 119. ..... the powers of the provincial legislatures, for section 43 contemplates provincial legislation, with the previous sanction of the governor-general, for regulating coins and patents or affecting the relations of government with foreign princes or states. a reference to sections 19 and 33 will show that both in the governor- .....Tag this Judgment!
Court : Chennai
Reported in : AIR1985Mad283; (1985)1MLJ142
..... the other of the. division bench of this court we are inclined to follow the division bench decision of this court. we therefore hold that the letters patent, appeal filed in this case is maintainable.4. for the reasons stated above, the appeal is allowed and there will be an injunction restraining the respondent ..... rukmani l.p. a. 6 of 1983: 1984 tlnj 92. in that case after considering the relevant decisions of the supreme court, held that a letters patent appeal is maintainable against an order passed by a single judge under s. 104(l) of the code of civil procedure. of the two said decisions, one ..... : air1983bom120 . no doubt in that case, the court has held that the bar under s. 104(2) of the civil procedure code applies even to letters patent appeals and therefore letters patent appeal filed against the order under s. 104(l) refusing to grant temporary injunction were liable to be dismissed as not maintainable. however, a similar question ..... are not in a position to uphold the order under appeal on merits.3. at this stage, the' learned counsel for the respondent contends that the letters patent appeal is not maintainable in view of s. 104(2) of the code of civil procedure. s. 104(2) says that no appeal shall lie from ..... purchase the 8/12 or 2/3 share. this petition is dismissed.'the appellants in c. m. a. 869 of 1983 have filed this letters patent appeal.2. the order of the learned judge proceeds on the basis that the respondent has come to purchase 2/3rd share in the suit property and .....Tag this Judgment!