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Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 1949 Page 1 of about 34 results (0.054 seconds)

Aug 12 1949 (PC)

K.M.S. Kumarappa Chettiar Vs. the Official Receiver

Court : Chennai

Decided on : Aug-12-1949

Reported in : AIR1950Mad216

..... and passing its own judgment against the judgment of the second appellate judge which should be final by virtue of the provision in clause 15, letters patent. the learned counsel for the respondent referred to the similar principle that has been adopted in appeals under section 205, government of india act. pashupati ..... of the second appeal the petitioner applied to the same learned judge by an independent petition for leave to file an appeal under the letters patent. he dismissed it. another petition was filed asking for review which was also dismissed and the petition before the bench was that the petitioner ..... and therefore the appellant was entitled to have the question examined whether the learned judge was right in refusing to grant leave to file a letters patent appeal. mr. k. bhashyam on behalf of the advocates association argued that the order granting or refusing leave is not a judgment or part ..... the appellant is entitled to file an appeal under any legislative enactment and the only provision relied upon by the appellant is clause 15, letters patent. it was further argued that so far as the granting or refusing of leave was concerned the judge should use independent discretion and such discretion ..... rao j. the appeal was allowed and on the motion of the counsel who appeared for the appellant herein for leave to file a letters patent appeal against his judgment leave was refused. as against the refusal, this appeal is now filed. notice of this appeal was ordered to the .....

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Dec 05 1949 (PC)

Sayyed Usman Saheb and ors. Vs. Vegisena Sivaramaraju and ors.

Court : Chennai

Decided on : Dec-05-1949

Reported in : AIR1950Mad463

..... the judgments just delivered before preparing my own. i also agree in the order proposed by my learned brother satyanarayana rao j., that this letters patent appeal should be allowed. i should have contented myself with expressing my concurrence pure and simpliciter in his conclusion, had it not been, firstly ..... the merits of the appeal. the result is that the orders of govindarajachari j. and the subordinate judge must be set aside and the letters patent appeal and the civil miscellaneous second appeal must be allowed with costs throughout. c. r. p. no. 822 of 1945 which was preferred by ..... 326. the view of that court is analogous to the view taken by govindarajachari j. in the civil miscellaneous second appeal against which this letters patent appeal has been preferred. he expressed himself thus:'the principle behind the recognition of the appealability of orders under section 151 is that where a court ..... with interest at rs. 1-0-6 per mensem. sometime later, the hypotheca was sold to sayeed oosman, the original appellant in the letters patent appeal since dead, and now represented by his legal representatives. sayeed oosman paid several instalments of principal and interest during the years 1925 to 1927 ..... dismissed by govindarajachari j. who, however, granted leave to appeal in c. m. s. a. no. 37 of 1946 from which this letters patent appeal has been filed.2. the facts are these. on llth october 1922 viswanatharaju created a simple mortgage over his lands in favour of two brothers, .....

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Apr 05 1949 (PC)

Venneti Sundara Rama Rao Vs. Chamarti Satyanarayanamurthi Being Minor ...

Court : Chennai

Decided on : Apr-05-1949

Reported in : AIR1950Mad74

..... in law. he succeeded in the trial court, but that decision was reversed by the subordinate judge on appeal and was confirmed in second appeal by this court. this letters patent appeal is against she decision in the second appeal.4. the validity of the adoption was questioned in this appeal on two grounds; first, that the widow without the consent ..... all as i read the language of the notice to give his only son in adoption.15. for these reasons, the judgment appealed against must be confirmed and the letters patent appeal must be dismissed with costs.viswanatha sastri j.16. this is an appeal by the plaintiff, a hindu reversioner, against a judgment of rajamannar j. (as he then was ..... deceased husband and his consent was sufficient to enable her to make a valid adoption.' with this conclusion, i am in entire agreement. 33. it, therefore, follows that this letters patent appeal fails and must be dismissed with costs.

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Jul 26 1949 (PC)

Dadi Appala Naidu and ors. Vs. Kolluru Bhimalingam and ors.

Court : Chennai

Decided on : Jul-26-1949

Reported in : AIR1950Mad186

..... learned subordinate judge and set aside the decree of the district judge. with the leave of the learned judge the defendants whose claims to priority were rejected prefer this letters patent appeal.4. mr. narasaraju, learned counsel for the appellants accepted the conclusion of the learned judge in regard to item 1 of the b schedule and confined his arguments only ..... subba rao, j.1. this is a letters patent appeal against the judgment of patanjali sastri j. and it raises a question of subrogation.2. on 6th august 1924, one jagandhara, the husband of defendant 7, executed a mortgage .....

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Oct 13 1949 (PC)

Vadakumpprath Pillai's Son, Muthu Vs. Kulathinkol Kuppan's Son Narayan ...

Court : Chennai

Decided on : Oct-13-1949

Reported in : AIR1950Mad351

..... appeal patanjali sastri j. held that the marriage was not an asura marriage and allowed the appeal and set aside the decisions of the courts below. this is a letters patent appeal from the decision of patanjali sastri j.2. it is common ground that at the time kalu was married, one sovereign was paid to her father as memmekanom. both .....

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Jul 26 1949 (PC)

Palaniswami Goundan Vs. Ramasami Goundan and anr.

Court : Chennai

Decided on : Jul-26-1949

Reported in : AIR1951Mad802

..... entitled to maintain the suit. in the result he set aside the decree of the lower ct. & decreed the suit with costs throughout. the deft, has preferred the above letters patent appeal against the judgment of wadsworth, j. 3. the learned counsel for the applt. raised again the two points which were argued by him before wadsworth, j. without success. his .....

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Oct 20 1949 (PC)

N.V. Kuppuswami Ayyar Vs. P. Mahadeva Chettiar

Court : Chennai

Decided on : Oct-20-1949

Reported in : AIR1950Mad746

..... a few weeks earlier. the question for consideration before govinda menon j. in c. m. a. no. 91 of 1949, which has been raised before us again in this letters patent appeal, is whether in view of the acceptance of money sent by the appellant as rent, the appellant is to be regarded by virtue of the provisions of section 116 .....

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Apr 14 1949 (PC)

Vemuri Parandhamiah Vs. R. Narasimha Rao and anr.

Court : Chennai

Decided on : Apr-14-1949

Reported in : (1949)2MLJ147

..... into the conduct of the director and liquidator under section 235 of the companies act is a 'judgment' within the meaning of clause 15 of the letters patent. having regard to the exposition of the meaning of the word judgment contained in the decision of this court in tuljaram v. alagappa chettiar (1910) 21 ..... on appeal ability contained in clause 15 of the letters patent or it does not. there is no tertium quid. if the view of the calcutta high court in madan gopal daga v. sachindra nath sen i. ..... deprived the appellant of a substantial and important right, though it might not come strictly within the definition of 'judgment' in clause 15 of the letters patent was yet appealable. i am unable to reconcile the different parts of the judgment in this case. either section 202 of the companies act incorporates the limitation ..... courts were concerned, an order made in the winding up of a company, in order to be appealable, must be a 'judgment' within clause 15 of the letters patent. though this view was generally affirmed, by rankin, c.j., in levy bros. & knowles, ltd. v. subodh kumar day (1927) 31 c.w.n. ..... court made for the winding up of a company unless the order appealed from is a 'judgment' within the meaning of clause 15 of the letters patent. the contention of the learned advocate for the appellant on the other hand is that there is a right of appeal against all orders which decide .....

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Mar 24 1949 (PC)

H.M. Muhammad Ibrahim Vs. M.R. Abdul Hafeez Sahib

Court : Chennai

Decided on : Mar-24-1949

Reported in : (1949)2MLJ114

..... a view to getting himself enrolled as a vakil of this court. it was held that such a living constituted ' dwelling ' within the meaning of clause 12 of the letters patent to give jurisdiction to the high court to entertain a suit against such a parson. dealing with this question their lordships of the judicial committee observed at page 267 as ..... residence. in srinivasamurthi v. venkatavarada iyengar i.l.r. w mad. 257 (p.c.) the privy council had to construe the word 'dwell' occurring in clause 12 of the letters patent. in that case a person who was a resident of mysore and was domiciled in that state some months previous to the institution of the suit left his house and ..... but there is an explanation added to that section which indicates that a person may have at the same time more than one residence. in clause 12 of the letters patent the word ' dwell' occurs and is given the same meaning as ' residence ' occurring in the civil procedure code. a person may have more than one residence. he may have a permanent residence ..... the application for disposal according to law in the light of the observations contained in this judgment. the appellant is entitled to his costs in this court in the letters patent appeal and c.m.a. from the respondent and costs of the application will be provided for by the learned district judge in the final order on the application. .....

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Oct 05 1949 (PC)

T.A. Menon Vs. K.P. Parvathi Ammal

Court : Chennai

Decided on : Oct-05-1949

Reported in : AIR1950Mad373

..... learned judge held that the animus revertendi is not sufficient. so in construing the language of the provisions of section 20, civil p. c. and clause 12 of the letters patent, actual residence at the time of the institution of the suit as pointed out in bhagat singh v. dewan jagbir : air1941cal670 that is, the place where a man eats, drinks ..... have been the intention of the legislature in framing the provision in which the word occurs. the learned judge also proceeds to state that the residence contemplated by the letters patent must be of a more or less permanent character, of such a nature as to show that the high court, in which a defendant is sued, is his natural forum ..... expression, however, necessarily implies a permanent state of things.' 3. in shri goswami v. shri goverdhan lalji, 14 bom. 541 which was a case under clause 12 of the letters patent, the learned judge observed that the legislature often employs the word 'residence' in different senses and that whether it is used in a particular section in a narrow or more ..... be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence. under clause 12 of the letters patent, jurisdiction is vested in the high court if the defendant at the time of the commencement of the suit shall dwell or carry on business, or personally works for gain .....

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