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Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 1963 Page 1 of about 57 results (0.024 seconds)

Dec 19 1963 (HC)

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

Court : Chennai

Decided on : Dec-19-1963

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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Dec 19 1963 (HC)

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

Court : Chennai

Decided on : Dec-19-1963

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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Sep 13 1963 (HC)

Sona Ana Pana Baulraj and anr. Vs. S.P. Vadiveu Nadar and Sons and ors ...

Court : Chennai

Decided on : Sep-13-1963

Reported in : AIR1965Mad33

..... of sri gopalaswami aiyangar that the trade name "manthithope" cannot be considered an invented word. the term "invented word" has been discussed in eastman photographic materials co. comptroller general of patents, designs and trade marks, 1898 ac 571. it was pointed out in that decision that mere combination of two english words could not be considered an invented word even although ..... the certified copy of the judgment of ramachandra iyer j. in the said appeals nos. 560 and 561 of 1956 on the file of this court. but in the letters patent appeal preferred by respondents 1 and 2, the injunction as granted by the district judge was restored completely.(4) the present application is only for rectification of the trade marks .....

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Sep 13 1963 (HC)

Sona Ana Pana Baulraj Alias Subbiah Nadar and anr. Vs. S.P. Vadivelu N ...

Court : Chennai

Decided on : Sep-13-1963

Reported in : (1964)1MLJ121

..... sri gopalaswami iyengar that the trade-name ' manthithope ' cannot be considered an invented word. the term invented word ' has been discussed in eastman photographic materials company v. comptroller-general of patents, designs and trade marks l.r. (1898) a.c. 571. it was pointed out in that decision that mere combination of two english words could not be considered an invented ..... the certified copy of the judgment of ramachandra iyer, j., in the said appeals nos. 560 and 561 of 1956 on the file of this court. but in the letters patent appeal preferred by respondents 1 and 2, the injunction as granted by the district judge was restored completely.4. the present application is only for rectification of the trade mark .....

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Jan 03 1963 (HC)

A.V. Varadarajulu Naidu (Decd.) and ors. Vs. K.V. Thavasi Nadar

Court : Chennai

Decided on : Jan-03-1963

Reported in : AIR1963Mad413

..... as sureties would be liable to pay the amount to the plaintiff. a decree was, therefore, passed in favour of the plaintiff for the suit amount.4. the present letters patent appeal is filed by the defendants i to 4 from the above decision. after the filing of the appeal, the first appellant died and his legal representatives were brought on ..... reversed.17. the appeal is allowed, and the decree of the trial court is restored. the appellant will get the costs of the appeal as well as of the letters patent appeal from the contesting respondent. ..... ramakrishnan, j.1. this letters patent appeal is filed against the judgment of basheer ahmed sayeed, j., in app. 7 of 1956 which in its turn was an appeal from the judgment and decree passed by .....

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Oct 04 1963 (HC)

Southern Roadways (P.) Ltd. Vs. P. Methurai Veeraswami (Died) M. Dhana ...

Court : Chennai

Decided on : Oct-04-1963

Reported in : AIR1964Mad194

..... order, it will be seen, are almost identical with the tests laid down in the interpretation of the word 'judgment' occurring in clause 15 of the letters patent in : [1953]4scr1159 .21. in jethanand and sons v. state of u.p., : [1961]3scr754 an order remanding a case for retrial was held ..... extent. but, in our opinion, the essential tests which have been applied for the interpretation of the word 'judgment' in clause 15 of the letters patent, will equally apply to article 133 of the constitution. that article provides a right of appeal against a judgment m well as a final order. we ..... that an order on an application under article 226, whichever way it goes will be a judgment within the meaning of clause 15 of the letters patent, as it will be a final adjudication of all matters in controversy in the writ proceedings and which will have the effect of affecting the constitutional ..... above, are two tests which must both be satisfied before a judicial order can be regarded as a 'judgment' for purposes of clause 15 of the letters patent: (1) the decision; in question should terminate the suit or proceeding, and (2) that such decision should affect the merits of the controversy between the ..... division bench, in case it becomes necessary.8. the word 'judgment' occurs in article 133 as well as in clauses 15 and 39 of the madras letters patent. in the latter provision, that is, clause 39 the word 'final' qualifies the word 'judgment'. but in our opinion that would make little difference, and .....

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Oct 07 1963 (HC)

Southern Roadways (P.), Ltd. Vs. Madurai Veeraswami Nadar (Died) and o ...

Court : Chennai

Decided on : Oct-07-1963

Reported in : (1964)1MLJ25

..... . but, in our opinion, the essential tests which have been applied for the interpretation of the word 'judgment ' in clause 15 of the letters patent, will equally apply to article 133 of the constitution. that article provides a right of appeal against a judgment as well as final order. we shall ..... an order on an application under article 226, whichever way it goes, will be a judgment within the meaning of clause 15 of the letters, patent, as it will be a final adjudication of all matters in controversy in the writ proceedings and which will have the effect of affecting the constitutional ..... are two tests which must both be satisfied before a judicial order can be regarded as a 'judgment ' for purposes of clause; 15 of the letters patent : (1) that the decision in question should terminate the suit or proceeding, and (2) that such decision should affect the merits of the controversy between ..... for a proper understanding of the concept of the word ' judgment ' it will be useful first to refer to the cases decided under clause 15 of the letters patent. the expression ' judgment ' was defined by sir richard couch, c.j., in the. justices of the peace for calcutta v. the oriental gas co. ( ..... division bench, in case it becomes necessary.7. the word 'judgment ' occurs in article 133 as well as in clauses 15 and 39 of the madras letters patent. in the latter provision, that is, clause 39 the word 'final' qualified the word 'judgment'. but in our opinion, that would make little difference, and .....

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Dec 18 1963 (HC)

Cork Industries and ors. Vs. A. Govindarajulu Mudaliar

Court : Chennai

Decided on : Dec-18-1963

Reported in : AIR1965Mad87

..... as to whether the order in a particular case is right or wrong but whether it is a judgment within the meaning of cl. 15 of the letters patent. on that matter, so long as the effect of the order is not to terminate the proceeding or suit, but on the other hand the suit ..... judgment. with great respect to the learned judges we would lie to point out that, there is a fundamental difference for the purpose of cl. 15 letters patent, between a case where leave to sue in forma pauperis is refused and one where leave is granted. if leave were refused, the intended suit will not ..... poddar and co., 10, c. p. c. for stay of an earlier suit will amount to a judgment within the meaning of clause 15 of the letters patent, it was answered in the negative. in 47 mlj 932: air 1925 mad 167, the learned judges proceeded to hold that an order of the kind before us ..... by their lordships of the supreme court to find out whether an adjudication in a particular proceedings will amount to a judgement within the meaning of cl. 15 letters patent. they are: (1) whether the order or judgment of the single judge terminates the suit or proceeding, (2) whether it affects the merits of the controversy ..... of the master granting the respondent leave to sue in forma pauperis. a preliminary question as to the maintainability of the appeal under cl. 15 of the letters patent has got to be considered before we can take up the merits of the appeal. in ananthanarayana v. rarichan : air1936mad387 it was held that an order of .....

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Jul 24 1963 (HC)

K.M. Krishnan Vs. M. Venkatesan and ors.

Court : Chennai

Decided on : Jul-24-1963

Reported in : AIR1964Mad401

..... under section 43-a of the act, that the government order had not the significance of a statutory order, and that any error in its application would not even if patent, give rise to a writ of certiorari under article 226 of the constitution. before the learned judge, the learned solicitor-general, after fairly conceding that another decision of the supreme ..... -1958 and made in r. no. 3314/a. 3/58. the learned judge dismissed the writ petitions, and the two petitioners in the petitions abovementioned have filed these two letters patent appeals.2. the relevant circumstances necessary for a consideration of these appeals are briefly the following. the regional transport authority, south arcot, acting under section 57 (2) of the motor ..... ramakrishnan, j.1. these appeals are filed under the letters patent against the decision of ramachandra iyer j. (as he then was) in two connected w. p. nos. 651 and 1035 of 1958. these two petitions formed two out of a .....

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Apr 23 1963 (HC)

Kuppuswami Raja and anr. Vs. Perumal Raja and ors.

Court : Chennai

Decided on : Apr-23-1963

Reported in : AIR1964Mad291

..... brothers. judged by every test, as my learned brother has shown, the will is a mutual and reciprocal one, and having obtained benefits under such a will executed with a patent stipulation that it could only be revoked or altered during the lives of both testators (that being the fair and obvious interpretation of the tamil text, in the light of ..... common judgment in the aforesaid two second appeals, basheer ahmed sayeed, j., has restored the judgment of the trial court and dismissed the suits of the plaintiffs. the present letters patent appeals are by the two plaintiffs.5. as the only substantial question in dispute relates to the determination of. the true legal character of the document ex. a-i and ..... ramamurti, j.1. the two letters patent appeals arise out of the common judgment of basheer ahmed sayeed, j., in s. a. nos. 1342 and 1343 of 1954. they raise identical and common questions of fact and .....

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