Skip to content


Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 1954 Page 1 of about 38 results (0.027 seconds)

Sep 10 1954 (HC)

Srinivasa Reddiar and ors. Vs. P. Krishnaswami Reddiar and ors.

Court : Chennai

Decided on : Sep-10-1954

Reported in : AIR1955Mad72; 1955CriLJ323; (1956)IMLJ68

..... the conclusion that whenever a single judge of the high court passes an order without jurisdiction, then an appeal lies under clause 15, letters patent against that order. the above observations must be understood in their proper context. the only point in controversy was whether the order in question ..... briefly noticed. his contention was that any judgment passed by a judge of the high court without jurisdiction was appealable ;under clause 15, letters patent without, any exception, and it is not necessary to examine whether such a judgment might or might not fall within one of the exceptions mentioned ..... the power of superintendence under article 227 of the constitution which corresponds to section 107, government of india act, mentioned in clause 15, letters patent. learned counsel for the appellants protested that somasundaram j., did not purport to exercise this power. if the learned judge had the power, we ..... c., because proceedings taken under chapter viii, criminal p. c. must be deemed to be criminal trials within the meaning of clause 15, letters patent. these cases cannot obviously help the appellants in view of the change in the language.5. learned counsel for the appellants next cited to us the ..... , we have come to the conclusion that the preliminary objection is well founded and that the appeal is not competent.3. clause 15, letters patent on which the appellants found their right to appeal runs thus: '15. 'appeal from the courts of original jurisdiction to the high court in .....

Tag this Judgment!

Aug 17 1954 (HC)

In Re: S. Govind Swaminathan

Court : Chennai

Decided on : Aug-17-1954

Reported in : AIR1955Mad121; 1955CriLJ505

..... appeal end a preliminary objection was raised that no appeal lay from the order dismissing the application for committing the publishers (respondents) for contempt under clause 15 of the letters patent. beaumont c. j. dealing with this objection said:'now, the learned advocate general on behalf of the respondents does not dispute that that order is a judgment within clause ..... the signification of the latter expression concluded:'in their lordships' opinion any original civil jurisdiction possessed by the high court and not in express terms conferred by the letters patent or later enactments falls within the description of ordinary original civil jurisdiction.'applying the reasoning of this decision, it seems to us that it would not be improper to ..... the high court to issue prerogative writ was also subject to the same territorial limitations as were applicable to their ordinary original civil jurisdiction by clause 11 of the letters patent. this contention was accepted by their lordships of the privy council. sir john beaumont delivering the judgment of the board said:'high prerogative writs are not mentioned in the ..... we are unable to see any distinction between the expression 'criminal cause or matter' as understood in england and the words 'in the exercise of criminal jurisdiction' in the letters patent.22. even on the narrower construction of the expression 'in the exercise of criminal jurisdiction' which the learned counsel for the appellant invited us to adopt, viz., of confining .....

Tag this Judgment!

Apr 15 1954 (HC)

K.G. Rangaswami Chettiar and Co. and ors. Vs. K.R. Eswaramurthy Gounda ...

Court : Chennai

Decided on : Apr-15-1954

Reported in : AIR1954Mad1053; (1954)IIMLJ520

..... and the second argument of mr. srinivasagopalachari therefore fails, though we are in agreement with him that it would amount to a judgment under clause 15, letters patent, as interpreted in --'35 mad 1 (fb) (a)'.7. on the merits it seems to us that rama-swami j.'s order cannot be sustained 'in ..... rulings of various high courts regarding the definition of the word "judgment" even when the letters patent was amended in 1919, no attempt was made to clarify what that word meant and it is all the more interesting to note that subsequent to ..... fb) (a)' which took the view that orders by which either stay of execution has been refused or allowed are appealable under clause 15 of the letters patent and most of those cases have already been considered by us. one significant fact, as pointed out by the learned judge, is that despite the repeated ..... for the records and to revise the judgment of a lower court exercising small cause jurisdiction is a judgment within the meaning of clause 15 of the letters patent as it then stood and was therefore appealable, the court, in deciding the point followed the observations in -- '35 mad 1 (fb) (a)'; and ..... portion of the order refusing to stay the execution of the decree is a "judgment" or not within the meaning of clause 15 of the letters patent.we do not propose to advert to all the cases, cited before us, but it becomes necessary only to consider the observations contained in the decisions .....

Tag this Judgment!

Nov 03 1954 (HC)

Mura Mohideen Vs. V.O.A. Mohomed and ors.

Court : Chennai

Decided on : Nov-03-1954

Reported in : AIR1955Mad294

..... view however of the conflict in the authorities which was noticed in his judgment, the learned judge granted leave to appeal from his judgment in pursuance of which this letters patent appeal is filed.4. having considered the numerous authori-ties that there are on the point we are clearly og the opinion, that the learned judge is right in his ..... balakrishna aiyar j. in s. a. no. 57 of 1947 filed by reason of the leave granted by the learned judge under clause 15 of the letters patent.2. the appellants in this letters patent appeal were the defendants in the suit o. s. no. 497 of 1944 on the file of the district munsif's court of tinnevelly filed by the ..... of blackwell j. in : air1928bom191 (e), and hold that the correct view is as stated earlier.15. the judgment appealed from is in our opinion clearly correct and the letters patent appeal fails and is dismissed with costs. .....

Tag this Judgment!

Apr 15 1954 (HC)

Central Brokers Vs. Ramnarayana Poddar and Co.

Court : Chennai

Decided on : Apr-15-1954

Reported in : AIR1954Mad1057

..... the merits of the controversy between the parties, then it must be termed to be a judgment appealable under clause 15 of the letters patent. the letters patent itself in clauses 39 and 40 uses the word "flnal judgment" and therefore it is clear that there can be a flnal and a ..... the privy council in those cases cannot be treated as an authority for the proposition that the expression "judgment" in every clause of the letters patent should be understood only as a decree. the observations of their lordships should only be understood with reference to the expression "final judgment".42. substantially ..... myself have no hesitation in applying the meaning of the word "judgment" in the civil procedure code to the word "judgment" in clause 15 of the letters patent and allowing appeals against all judgments and orders. there is provision under order 41, rule 11 under which an appellate court can dismiss an appeal, ..... to arbitration on the ground that the arbitrators were transgressing the bounds of the reference is a judgment within the meaning of clause 15, letters patent. the learned judges held that such an order compels the party to submit to the jurisdiction of the arbitrators, though the complaint is that ..... of the supreme court and sudder adawlut courts and constituted a high court having all the jurisdiction and powers of the courts abolished.the letters patent of 1362 was revoked by the one issued on 28-12-1865 which has continued till the present day with minor alterations and amendments. .....

Tag this Judgment!

Aug 27 1954 (HC)

In Re: Mr. Hayles, Editor of The Mail and anr.

Court : Chennai

Decided on : Aug-27-1954

Reported in : AIR1955Mad1; 1955CriLJ1

..... ', : 1952crilj832 (z4) mukherjea j. observed at p. 151 'it may be pointed out in this connection that although the powers of the high court in india established under the letters patent to exercise jurisdiction as superior courts of record in punishing contempt of their authority or processes have never been doubted, it wasa controversial point prior to the passing of the .....

Tag this Judgment!

May 02 1954 (HC)

Shanmugavelu Pillai Vs. Karupannaswami Pillai

Court : Chennai

Decided on : May-02-1954

Reported in : AIR1954Mad1070

..... of the civil rules of practice, no finding was recorded by the learned subordinate judge or by chandra reddi j. the appeal is filed under clause 15 of the letters patent by the judgment debtor against the decision of chandra reddi j.3. the learned advocate for the appellant raised two contentions, namely, that the decree for costs against him in ..... bench decision of the allahabad high court in : air1936all21 which was expressly dissented from by the bench, and refused to grant leave to appeal under clause 15 of the letters patent. a single judge of a high court is bound to follow the bench decision of that court in preference to the decisions of other courts, whether of a division bench ..... , and when he followed the full bench decision of another court, he ought to have granted leave to appeal under clause 15 of the letters patent. though the discretion to grant leave to prefer a letters patent appeal as against the judgment of a single judge is one vested in the presiding judge it is still a judicial discretion which should be .....

Tag this Judgment!

Feb 10 1954 (HC)

Subbarama Reddiar and ors. Vs. Raghava Reddi and anr.

Court : Chennai

Decided on : Feb-10-1954

Reported in : AIR1955Mad439

..... learned district judge, he then preferred a second appeal' to this court, viz., s. a. no. 1178 of 1947, which was also dismissed by viswanatha sastri j. pending-the letters patent appeal, defendant 1 appellantdied and his legal representatives were also brought on record.2. mr. k. bhashyam aiyangar, learned counselfor the appellants, raised two contentions in themain. but both the ..... rajamannar c.j. 1. this is an appeal under clause 15, letters patent against the judgment of viswanatha sastri j., dismissing s. a. no. 1178 of 1947, with his leave. the appeal arises out of a - suit-brought by the-original respondent to ..... inclined to hold that it has no such effect. we agree with viswanatha sastri j. that the conclusion arrived at by the two courts below is correct.5. the letters patent appeal is, therefore, dismissed with costs. .....

Tag this Judgment!

Feb 26 1954 (HC)

immadi Mahalakshmamma Vs. Immadi Venkatachalamayya and anr.

Court : Chennai

Decided on : Feb-26-1954

Reported in : AIR1954Mad870

..... is brought by the first respondent (first defendant) against the judgment of krishnaswami nayudu j. under clause15 of the letters patent, leave to appeal having been granted by him.2. the short question that falls to be determined in this appeal is whether it is open to the executing court to ..... what has been recognised by the decisions of our court already referred to.10. in the result, we agree with the decision of the learned judge and dismiss the letters patent appeal with costs of the first respondent,

Tag this Judgment!

Sep 10 1954 (HC)

Kuttuva S. Thulasi Ammal Vs. R.M.K. Ramachandra Naidu and ors.

Court : Chennai

Decided on : Sep-10-1954

Reported in : AIR1955Mad171

..... partnership under a. 1 following in this respect the decision of the privy council reported in -- 'suleman v. abdul latif . complaining of this variation the plaintiff has filed this letters patent appeal and the sole question for consideration for us is whether the plaintiff is entitled to interest from 26-1-1947 or whether she is entitled to it only as ..... permitted to her under that decree. the appellant therefore succeeds and the plaintiff will be entitled to the relief set out above. she will have her costs of the letters patent appeal.

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //