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Judgment Search Results Home > Cases Phrase: patents Court: chennai Year: 2011 Page 1 of about 83 results (0.025 seconds)

Dec 08 2011 (HC)

Schering-plough Ltd. Vs. Intellectual Property Appellate Board and anr ...

Court : Chennai

Decided on : Dec-08-2011

..... contains no reasons. apart from this, the affidavit says that they have a good case on merits and the delay was beyond their control. the patents act, 1970 gives the aggrieved party three months to file the appeal. the communication systems of today are so swift that we do not think any ..... of the act was also submitted. finally, on 05.01.2009 the 2nd respondent passed the final order under section 15 of the act refusing patent on the ground that none of the claim was novel or inventive. in the said order the 2nd respondent went beyond the objections already raised in ..... fer on 08.08.08 claiming objections 1 to 11 raised in the fer as incorrect and it also carried out some minor amendments to the patent application. thereafter, the 2nd respondent examined the amended specification under section 13(3) of the act and issued his examination report on 07.10.2008 ..... /ipab and consequently direct the 1st respondent to consider on merits the appeal filed against the order of the 2nd respondent dated 05.01.2009 in patent application no.2376/chenp/2006. 2. it is stated that the petitioner is a swiss pharmaceutical company having huge investments in research and development (r ..... day, the petitioner-company made a request for examination under form-18 in accordance with section 11-b of the patents act, 1970 (for short act). after the examination of the petitioners application for patent the first examination report (fer) was issued on 08.10.2007 asking the petitioner to clarify the objections raised .....

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Feb 08 2011 (HC)

Crompton Greaves Limited Vs. Salzer Electronics Limited

Court : Chennai

Decided on : Feb-08-2011

..... plaintiff's trade secrets, confidential information, consumer data, international standard certifications, product code, catalogue numbers and other information. (iv) a.no.4676 of 2010 under class 14 of the letters patent, to combine different causes of action, such as infringement, passing off etc.(v) a.no.4677 of 2010 seeking the appointment of an advocate commissioner and take into possession, all ..... . the first defendant has filed a set of about 22 documents and another set of 7 additional documents. the certificates of registration of design, issued by the controller general of patents designs and trade marks in respect of "contact housing" and "rail mounting base" are filed as document nos.1 and 2. the registration certificates issued by the copyright office in ..... of the word "salzar" are filed as document no.5 series. the invoices raised by the first respondent on various customers are filed as document nos.6 and 7. the patent certificate issued in respect of "integral cam operated rotary switch" is filed as document no.8. the certificate of registration issued by the ministry of science and technology, is filed ..... artistic work in the above products, as seen from their document nos.3 and 4 (iii) the registered trademarks as seen from their document no.5 and (iv) the registered patent in respect of integral cam operated rotary switch, as seen from their document no.8. therefore, it is hard to believe that the first respondent poached into the trade secrets .....

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Jul 27 2011 (HC)

Ms.Dorothy Thomas Vs. Mr.Rex Arul

Court : Chennai

Decided on : Jul-27-2011

..... a judge to exercise jurisdiction on another side, merely because the high court is one. my jurisdiction in this case arises out of some of the provisions of the letters patent, the rules on the original side of this court and the code of civil procedure. therefore, i cannot now convert this into a proceeding under the guardians and wards act ..... , unpalatable to the plaintiff, is null and void. in other words, the case on hand does not arise directly under the jurisdiction vested either under clause 17 of the letters patent or under section 7 of the guardians and wards act,1890. within the precincts of this heritage structure, every judge exercises different jurisdictions, some under the constitution, some on the ..... was a resident of that state for 90 days preceding the date of filing of the petition. the supreme court found (i) that the circuit court assumed jurisdiction on a patently false statement about the residential status and (ii) that it granted a divorce on the ground of irretrievable break down, a ground not available here in india. but in the ..... .2011, the plaintiff filed the above suit. the papers were presented originally on 28.1.2011 along with an application for leave to sue under clause 12 of the letters patent. on 1.2.2011, leave was granted in a.no.561 of 2011. thereafter, the suit got numbered as above and an interim order of injunction was granted by me .....

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Mar 30 2011 (HC)

M/S.Conveyors India Fabricators P.Ltd, and anr. Vs. Venturetech Soluti ...

Court : Chennai

Decided on : Mar-30-2011

..... therein. in the said judgement, the court held that in order to consider whether a suit is covered by the expression 'suit for land' in clause 12 of the letters patent, one has to consider whether it is for the purpose of obtaining a decree for possession, or a decision in title to land, or is something different, but involves the ..... supreme court adcon electronics (p) ltd. v. daulat,(2001) 7 scc 698, wherein it was held as under:"9. thus, it is clear that under clause 12 of the letters patent, the high court in exercise of its ordinary original jurisdiction will have power to receive, try and determine: (1) suits for land or other immovable property if such property is ..... barred by law. 10. in so far as the 'leave to sue' obtained in c.s.no.831 of 2005, the learned senior counsel contended that clause 12 of letters patent contains three parts and the 1st part relates to suit for land and when the immovable property is situated outside the jurisdiction of the court, even if the court has ..... supreme court considered a suit for specific performance and an application for leave filed under clause 12 of the letters patent before the high court of judicature at bombay. the said clause is in pari materia to clause 12 of the letters patent of the high court of judicature at madras. while considering the said clause, the supreme court held that if .....

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Dec 20 2011 (HC)

R.Vikram Singh Rajah Bonsle Vs. V.S. Jagannathan and anr.

Court : Chennai

Decided on : Dec-20-2011

..... land, that the defendant is dwelling within the limits of high court at the commencement of the suit, as required by clause 12 of the letters patent and that the entire cause of action have arisen within the territorial jurisdiction of this court and also in view of obtaining of leave from this court, ..... has arisen partly within the jurisdiction of madras high court, such a suit can be filed only after obtaining leave as contemplated under clause 12 of letters patent. 14. in g. ramalingam's case cited above, it is held by this court that leave of the court is not necessary as entire cause ..... wherein it was held that mortgage suits cannot come under the term suits for land or other immovable property. as spoken to in clause 12 of the letters patent. 13. in 2006 (4) mlj 392 [ andhra bank financial services ltd., v. tamil nadu newsprint and paper ltd.,] it is held that in cases where ..... . caluse 12 of the letters patent reads thus: 12. original jurisdiction as to suits - and we do further ordain that the said high court of judicature at madras, in exercise of its ..... territorial jurisdiction of this court, this court is not competent to try the case. but it is contended that as per clause 12 of the letters patent of high court madras, if the causes of action have arisen within the jurisdiction of this court, then this court has got jurisdiction to try the matter .....

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Feb 01 2011 (HC)

S.M. Omar and ors. Vs. Zackaria Thomas

Court : Chennai

Decided on : Feb-01-2011

..... or examined any witnesses to rebut the presumption. as rightly pointed out he has not even replied to the notice. when the appreciation of evidence and the findings suffer from patent erroneous approach and the findings are perverse, the high court can surely interfere.60. however, i am of the considered view that as the trail court has dismissed the complaints ..... " and "in an appeal against order of acquittal, the high court would be very slow to interfere in the order. unless the appreciation of evidence and the findings suffer from patent erroneous approach and the findings are perverse, the high court would not reverse an order of acquittal":1. 2006 (3) scc (crl) 30 (m.s. narayana menon alias mani vs ..... : "11. in an appeal against order of acquittal, the high court would be very slow to interfere in the order. unless the appreciation of evidence and the findings suffer from patent erroneous approach and the findings are perverse, the high court would not reverse an order of acquittal...."26. heard and perused the materials available on record.27. all the appellants .....

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Feb 28 2011 (HC)

Hari And Company Vs. St. Antony's Traders And Anr.

Court : Chennai

Decided on : Feb-28-2011

..... the constitution preserved their status and madras high court continues to be a court of record, having original and appellate jurisdiction including admiralty jurisdiction vested in it by the letters patent.13. the merchant shipping act, 1958 contains various provisions to enforce territorial jurisdiction. the act being essentially regulatory in character, the various authorities, tribunals and courts entrusted with the administration ..... m.v. elisabeth case [1993 supp (2) scc 433 and also by the single judge of this court in interaccess case in 2009 (3) ctc 611.10. by the letters patent issued under the charter of 1823, supreme courts were established at bombay, calcutta and other places in the country. the concluding portion of cl.53 of the letters ..... patent of bombay (which is similar to the others) extract from the aforesaid decision [air 1961 bom 186] reads as follows:- " ...... the cognizance whereof doth belong to the jurisdiction of the ..... 1862, the admiralty jurisdiction previously exercised by the supreme court was to be exercised by the high courts. the letters patent of 1862 was superseded by the letters patent, 1865 and under the new letters patent also, the admiralty jurisdiction of the high courts remained the same, that is, those of the admiralty courts in england. the jurisdiction of the admiralty courts in .....

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Dec 13 2011 (HC)

Tvs Berg Limited Vs. Commissioner of Income Tax

Court : Chennai

Decided on : Dec-13-2011

..... pvt. ltd., [1998 (231) itr 148] wherein the supreme court has held as follows: basic purpose of section 80-o is the spread by an indian assessee of any patent, invention, model, design, secret formula or process, or similar property right, or information concerning industrial, commercial or scientific knowledge, experience or skill of the assessee for use outside india ..... of an indian resident by way of royalty commission, fees or any similar payment from a foreign government or enterprise: (a) in consideration for the use outside india of any patent, invention, model, design, secret formula or process, etc.,: or (b) in consideration of technical or professional services rendered or agreed to be rendered outside india to such foreign ..... , commission, fees or any similar payment received by the assessee from the government of a foreign state or a foreign enterprise in consideration for the use outside india of any patent, invention, model, design, secret formula or process, or similar property right, or information concerning industrial, commercial or scientific knowledge, experience or skill made available or provided or agreed ..... royalty fees or commission, similar payments received by the assessee from the company of the foreign state or a foreign enterprise in consideration for the use outside india of any patent, innovation, model, design etc. 5. it is the contention of the learned senior counsel appearing for the appellant that for application of section 80-o in respect of .....

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Mar 11 2011 (HC)

J. Jeba Mary Vs. the Chairman, Tamil Nadu Electricity Board and ors.

Court : Chennai

Decided on : Mar-11-2011

..... petitioners. it, however, challenged the order passed by the single judge. the division bench of the high court ought to have dismissed the letters patent appeal by affirming the order of the single judge. the letters patent appeal, however, was allowed by the division bench and the judgment and order of the learned single judge was set aside. in our considered view .....

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Mar 21 2011 (HC)

Mr.S.Anand @ Akash Vs. Ms.Vanitha Vijaya Kumar and anr.

Court : Chennai

Decided on : Mar-21-2011

..... to entertain the above original petition. moreover, in view of section 3 of the guardians and wards act, 1890, the jurisdiction of this court under clause 17 of the letters patent is saved. therefore, the remedy of seeking a modification of the order of the family court, secunderabad, lies only before this court, especially after the refusal of the family court .....

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