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Judgment Search Results Home > Cases Phrase: patents Court: chennai Page 94 of about 5,310 results (0.035 seconds)

Sep 07 1923 (PC)

Burla Appanna and ors. Vs. Anala Latchayya and ors.

Court : Chennai

Reported in : (1924)ILR47Mad250

..... 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 it ..... 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 ..... passed by the board of revenue under chapter xi of the madras estates land act. mr. jagannatha doss puts forward three contentions, (1) the letters patent of the high court classify all courts into criminal and civil, and therefore, a revenue court is included in the expression civil court and the high court ..... 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 ..... decrees for rent under the bengal rent act are civil courts for the purpose of the civil procedure code of 1859; and under 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 the .....

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Nov 12 1935 (PC)

M.R. Ananthanarayana Iyer Vs. Rarichan

Court : Chennai

Reported in : AIR1936Mad387

..... finality of a decision given in the respondent's favour does not of itself make that order a 'judgment' within the meaning of clause 15 of the letters patent. the same might ha said of an order restoring a suit under order 9, rule 9, and with much greater reason. the same might be said of ..... not a 'judgment' within the meaning of clause 15 of the letters patent although this opinion was come to by rankin, c.j., with some hesitation. dealing with the matter he says on p. 144:on the whole and not without ..... merely allows the proceedings to go on, then it is not a final 'judgment' which can be the subject of an appeal under clause 15 of the letters patent. this decision has been applied in a number of other later cases in the madras high court although not dealing with an order precisely similar to this. the ..... of tuljaram row v. alagappa chettiar (1912) 35 mad 1 where, on the question as to what is a 'judgment' which under clause 15 of the. letters patent is an appealable one, sir arnold white, c.j., laid down the test as:whether its effect is to put an end to the suit or proceeding so far ..... absolute in accordance with the opinion of the senior judge. from this order an appeal was lodged under clause 15 of the letters patent which was exactly similar to clause 15 of the letters patent of the madras high court. it was there held that the order allowing the second appeal to be presented out of time was .....

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Nov 13 1998 (HC)

Seaways Shipping Ltd. Having Its Office at Ii Floor, Rahmat Manzil, 51 ...

Court : Chennai

Reported in : 1998(3)CTC318

..... government merely because it feels that another policy decision would have been fairer or wiser or more scientific or logical. the court can interfere only if the policy decision is patently arbitrary, discriminatory or mala fide.'the above quoted observations would undoubtedly highlight the position that in the economic matters, such as the present matter, there has to be given a .....

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Mar 07 1939 (PC)

Commissioner of Income-tax, Madras Vs. Voora Sreeramulu Chetty. [No. 2 ...

Court : Chennai

Reported in : AIR1939Mad903; [1939]7ITR566(Mad)

..... judicial committee in tata and iron steel co., ltd. v. chief revenue authority of bombay that there is no appeal under clause 39 of the letters patent from a decision of the high court in an income-tax matter it must follow that there can be no appeal and no authority for this court ..... proceedings contemplated by clause 39 of the letters patent. in my opinion this matter is not a final judgment, decree or order within the contemplation of clause 39. since it has been held by their lordships ..... a certificate in this matter permitting an appeal to his majesty in council, and the application is really based upon the provisions of clause 40 of the letters patent. this clause does provide an appeal from a preliminary or interlocutory decision 'as aforesaid'. 'as aforesaid', it is conceded by mr. patanjali sastri refers to the ..... judges of the high court or of a division court from which an appeal does not lie to the high court under clause 15 of the letters patent. then follows a proviso to the same effect as the provisions of sections 102 and 110 of the code of civil procedure. clause 40 provides that ..... has no jurisdiction to grant a certificate under section 66-a(2), but says that it has power to do so under clause 40 of the letters patent. clause 40 has to be read in conjunction with clause 39. clause 39 gives a right of appeal to the privy council in a matter not .....

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Aug 02 1973 (HC)

Perumal and ors. Vs. G. Ellusamy Reddiar and anr.

Court : Chennai

Reported in : (1974)1MLJ292

..... as a precedent in view of the fact that the judgment was not rendered after full arguments and it was only a dismissal of the letters patent appeal even at the admission stage. the nagpur high court had held in kanglu baula v. chief executive officer a.i.r. 1955 nag. 49 ..... are only procedural in character and they do not create any new rights or liabilities. therefore venkatadri, j., in the judgment which was challenged in the letters patent appeal before anantanarayanan, g.j. and ramakrishnan, j., could not have expressed a different view. as i said, even anantanarayanan, g.j. and ramakrishnan, ..... the learned judges who decided in mohammed habibullah v. seethammal (1966) a.g.j. 349. it is against the judgment of venkatadri, j., the letters patent appeal had been filed before anantanarayanan, c.j., and ramakrishnan, j., venkatadri, j., is a party to the decision in palani ammal v. the safe ..... other cases already referred to. but the learned judges (anantanarayanan, c.j., and ramakrishnan, j.,) in the course of their order dismissing the letters patent appeal in limine, have observed that sections 110 to 110-f have no connection whatsoever with the indian fatal accidents act and that they constitute a self ..... a different view, mohammed habibullah v. seethammal (1966) a.g.j. 349. is a decision of a division bench of this court dismissing a letters patent . appeal in limine. that is a case where the sister of a person who died in a motor accident claimed compensation. the claim was upheld by .....

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Aug 30 1968 (HC)

R. Venkataswamy Naidu and anr. Vs. Parasram Naraindas Alias Purushotta ...

Court : Chennai

Reported in : (1969)2MLJ490

..... any further stage. the appeals arising from that order were confined only to the right of the petitioners under section 9. the judgment in the letters patent appeal took the particular form, because the question of valuation was necessarily dependent upon such a right. once the supreme court upheld the right of the ..... court is proper.3. it seems to me that the effect of the judgment of the supreme court which set aside the judgment in the letters patent appeal and restored that of anantanarayanan, j., is to confirm the remit order of the subordinate judge, including the valuation of the property. the question ..... to it to do so. on the other hand, the contention strongly pressed upon me is that the result of the decision in the letters patent appeal was to set aside the remit order as well as that of anantanarayanan, j., and that the supreme court's judgment was confined only to ..... order of the subordinate judge remitting the suit should be set aside. i may mention that neither the appeal before the single judge nor the letters patent appeal raised any question as to the propriety of the quantum of valuation arrived at by the subordinate judge. the matter was taken up on ..... anantanarayanan, j. (as he then was). this judgment is naraindas v. venkata-swami naidu : (1960)2mlj328 , and was dated 3rd may, 1960. a letters patent appeal against that judgment was, however, allowed, the learned judges holding that the petitioners had no right to get a conveyance of the land under section 9, in .....

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Nov 13 2001 (HC)

United Labour Federation Vs. Union of India Represented by Its Secreta ...

Court : Chennai

Reported in : (2002)1MLJ257

..... been fairer or wiser or more scientific or more logical and that the policy decision can be interfered with by the court only if such decision is shown to be patently arbitrary, discriminatory or mala fide. (g) in zippers karamchari union v. union of india and ors. , the supreme court was dealing with awarding of contract to one y.k.k .....

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Mar 09 1995 (HC)

Manoj Kumar Sonthalia Vs. Vivek Goenka and ors.

Court : Chennai

Reported in : (1995)2MLJ622

..... is available. such a review can be done in the exercise of the inherent power of the court, which as regards this court is found in its letters patent and the rules framed by this court read with section 4 of the code of civil procedure, and as shown in section 151 thereof.12. two objections ..... that if at all the conditions for an appeal against a judgment under clause 15 of the letters patent are satisfied and when there is no specific bar, merely because some other law is providing appeals against certain types of orders and says that against the other ..... l.w. 169, speaking for a full bench of the court, one of us (mishra, j), has said:in the context of the origin of the letters patent appellate power of the court and the scope and ambit of the appeal against a judgment on the original side of the court, we have no hesitation in holding ..... of any order objection on which the court from whose decree the appeal is preferred has omitted or refused to make such order.the letters patent power for appeals from the courts of original jurisdiction to the high court in its appellate jurisdiction, as contemplated under clause 15 of the letters ..... patent of this court, is more expansive than the power of an appeal otherwise under the code of civil procedure.in padmanabhan v. m.a. narasimhan (1993) .....

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Sep 18 1997 (HC)

N. Dhanalakshmi and Two ors. Vs. S. Ekanathan, Proprietor, Eknath Real ...

Court : Chennai

Reported in : 1997(2)CTC550; (1998)IMLJ132

..... the suit for specific performance of an agreement in respect of land is not a suit for land so as to be included within the ambit of letters patent, clause 12, (madras) in the light of what is stated above.23. the court had granted leave to the plaintiff to sue the defendants on 6 ..... an action 'in rem.' they are 'toto coelo' apart; they belong to different jurisdictions which are now no doubt fused. the object of c1.12, letters patent is to bar the ordinary original civil jurisdiction of the high court as to actions in rent, when the land is situate outside madras; it does not bar ..... of a contract to sell made in madras by parties resident therein, a suit for land within the meaning of clause 12 of the letters patent, and so not cognizable by the high court, in its ordinary original civil jurisdiction.' the last two paragraphs in the said judgment at pages 726 and ..... of the land, the full bench of this court has held that such a suit is not for land within the meaning of clause 12 of letters patent (madras). in the said decision the full bench was considering the question 'is a suit by a purchaser of lands situate outside madras for specific performance ..... the said judgment, it is clearly stated that in order to consider whether a suit is covered by the expression 'suit for land' in clause 12 of letters patent, one has to consider whether it is for obtaining a decree for possession, or a decision on title to land, or is something different, but involves the .....

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Jun 11 1996 (HC)

T. Marappan Vs. the Executive Engineer and Administrative Officer, Sal ...

Court : Chennai

Reported in : (1996)2MLJ336

..... for contempt of court holding that no commission of contempt of court is established. therefore in such a case if it is held that the letters patent appeal is maintainable, it would result in defeating the object contained in section 19 of the contempt of courts act. hence, we are of the ..... justitiae. but, the question is whether such a power could be exercised in a proceeding which is not maintainable before it. therefore, unless this letters patent appeal is maintainable, the jurisdiction as stated in paragraph 27 of the aforesaid judgment cannot be exercised. the proceedings in question is the one arising out ..... be paid to each of the respondents.3. the question for consideration is as to whether this appeal is maintainable under clause 15 of the letters patent. it is contended before us that as the order affects the appellant very much and it is a judgment, the appeal is maintainable as per clause ..... 15 of the letters patent. it may be pointed out here that in support of the contention, the learned counsel has placed reliance on a decision of the full bench ..... 112 of 1995, dated 6.4.1995, a division bench of this court has held that letters patent appeal preferred against an order dismissing a contempt application was not maintainable under clause 15 of the letters patent. the same position obtained in the instant case. therefore, we have no hesitation in holding that the .....

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