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Judgment Search Results Home > Cases Phrase: patents Court: delhi Year: 1980 Page 1 of about 74 results (0.043 seconds)

Nov 21 1980 (HC)

B. Chawla and Sons Vs. Bright Auto Industries

Court : Delhi

Decided on : Nov-21-1980

Reported in : AIR1981Delhi95; 19(1981)DLT323; 1981RLR373

..... simmons v. mathieson & cold (1911) 28 r.p.c. 486 in these words : 'inorder to render valid the registration of a design under the patents and designs act, 1907, there must be novelty and originality, it must be a new or original design. to my mind, that means that there must ..... single and most familiar article of dress like this, which constitutes novelty of design. , hold that would be no paralyse industry 'and to make the patents, designs and trade marks act a trap to catch honest traders. there must be, nor a mere novelty of outline, but a substantial novelty in the ..... following grounds, namely............ (iii) that the design is not a new or original design.'(6) it may also be mentioned that rule 36 of the indian patents & designs rules, 1933, provides that the applicant may, and shall, if required by the controller in any case so to do endorse on the application ..... that such designs were common in the market and the appellants had made a false claim to be the originators of the design before the controller of patents & designs to obtain the impugned registration. the grievance is that they were hindered in their trade by the registration. (3) the appellants controverter these ..... the design of m/s. b. chawla & sons, hereinafter referred to as the appellants in respect of mirror registered at no. 139585 in class i under the indian patents & design act, 1911 (the act), on february 28, 1972, is a 'new or original' design. (2) m/s. bright auto industries, hereinafter referred to .....

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Aug 25 1980 (HC)

Surendra Lal Mahendra Vs. JaIn Glazers and ors.

Court : Delhi

Decided on : Aug-25-1980

Reported in : ILR1981Delhi257

..... embodied in the patented apparatus. in other words wet laminating apparatus being already known and used in india previous to priority date there was no inventive step and there was no novelty ..... apparatus/device when he applied for registration of the patent. according to them the complete specification furnished by the plaintiff is vogue, unintelligible and jugglery of words. thus the specification does not state what is the modified construction ..... laminating system from morane maxibond machine and specification and has falsely claimed to be an inventor of the said appalatus. further the plaintiff has not disclosed in the patent specification as to what was the laminating apparatus already available and what was the modification and distinct improvement made and utility imparted by the plaintiff to the existing ..... interim injunction concisely are that the plaintiff has instituted a suit for permanent injunction restraining the defendants and their ser- vants, or agents etc. from infringing in any manner, patent no. 143964 dated 21st july, 1976 entitled 'laminating apparatus' of which he claims to be proprietor and patentee, by manufacture, sale or offering for sale or using .....

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Aug 01 1980 (HC)

Shriram Refrigeration Industries Ltd. Vs. Commissioner of Income-tax, ...

Court : Delhi

Decided on : Aug-01-1980

Reported in : [1981]127ITR746(Delhi)

..... states and canada, apparatus and material so manufactured by the assessed under the licenses granted under this article. the licenses were to manufacture apparatus and material covered by patents and patent rights administered by westinghouse with the help of the information furnished from time to time by westinghouse to the assessed. the licenses, however, did not include any right ..... by the associated companies in the u.s.a. westinghouse was willing to license the assessed under patents and patent rights and technical information administered by it. 3. article i of the agreement provided that the term of the agreement, and of any and all licenses and rights ..... the spread over of expenditure incurred after february 28, 1966, and, secondly, because the expenditure under consideration could not be said to be expenditure for the acquisition of patent rights as required by the section. 18. having held that the amount was rightly disallowed as capital expenditure the tribunal also proceeded to express its opinion on the ..... manufacturing and other information of the associated companies. the above agreement which became effective from may 21, 1962, was promoted by the desire of the assessed to obtain patent rights, rights under technical manufacturing and other information and services necessary to enable it to manufacture, use and sell certain types of electrical and other apparatus and material manufactured .....

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May 14 1980 (HC)

Ramesh Suri Vs. Custodian General of Evacuee Property and anr.

Court : Delhi

Decided on : May-14-1980

Reported in : 18(1980)DLT454

..... to account for his share of royalty. the arrangement thus was, as noticed in werderman v. sociate generale delectricite (1881) xix gh. d. 246 at 253 that the owners of patent (in this case the copyright) would work it to the best advantage, to keep proper accounts and to. pay a share of profits to the owner. thus if no royalty ..... bankrupt owner or in the custodian under the legislation dealing with the enemy property. in noveilow and co. ltd. v. hinrichsen edition and another 1951 (2)ch.d. 457 the patents, designs, copyright and trade marks (emergency) act, 1939, permitted the controller to grant license in the copyright belonging to an enemy who is subject .to restrictions imposed under trading with ..... rajindar sachar, j.(1) this is letters patent appeal against the order of the learned single judge by which he dismissed the writ petition and held that the right to receive royalty vested in the custodian on the .....

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Jul 11 1980 (HC)

Parkashwati and anr. Vs. Amar Prakash and anr.

Court : Delhi

Decided on : Jul-11-1980

Reported in : AIR1980Delhi298; 18(1980)DLT394; ILR1981Delhi53

..... order of the learned single judge does not affect this controversy. we are, thereforee, of the view that the present appeals under clause x of the letters patent as applicable to this court are not maintainable. (8) arguments on merits were also addressed, 8ut we do not express any view on merits as we ..... delhi 85(2) this court also held that the expression 'judgment' in clause 10 of the letters patent means an order which affects the merits of controversy between the parties by determining some disputed right or liability. the controversy between the parties is whether the present ..... in the suit itself, nor does it terminate or dispose of the suit on any ground it does not amount to 'judgment' within the meaning of the letters patent. '(see : asruumati debi v. kumar rupendra deb rajkot and others, : [1953]4scr1159 . in begum aftab zamani v. shri lal chand khanna, air 1969 ..... the two appeals in this court. (6) parkash wati and kumari seema sharma have filed these two appeals under clause x of the letters patent. it is contended on behalf of the respondents that the order of the learned single judge is not a 'judgment' within the meaning of clause ..... x of the letters patent and thereforee the appeals arc not maintainable. it is argued that the order of the single judge neither affects the merits of the controversy between .....

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Feb 29 1980 (HC)

Prabhu Dayal and ors. Vs. Municipal Corporation of Delhi, Etc.

Court : Delhi

Decided on : Feb-29-1980

Reported in : ILR1980Delhi528

..... the validity of the award of the labour court in this case as it has already come to be settled by the judgment of a division bench in the utters patent appeal referred to above which judgment has become final and infact accepted and operated upon bytile respondent-corporation. (12) if the respondent-corporation could not institute a fresh enquiry, as ..... the verdict of guilty was not based on evidence but on conjectures, hearsay evidence and suspicion and if the view has been affirmed by the single bench and then letters patent appeal bench of the high court, it would be extra-ordinafry that the management is permitted to order a repeated enquiry into the same charges and probably to go on ..... , 1972, rajindar sachair j. dismissed the petition as without merit and affirmed the award of the labour court. against the said judgment the municipal corporation of delhi preferred a letters patent appeal. a division bench of this court consisting of v. s. deshpande and s. rangarajan jj. dismissed the appeal on merits by judgment dated 9th may. 1972. (3) the letters ..... patent appeal having been dismissed the respondent- corporation reinstated the petitioners in service with effect from 4th february, 1969 but by the same letter ordering their reinstatement dated 24th june, 1972, .....

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May 16 1980 (HC)

New India Industrial Corporation Ltd. Vs. Union of India, Etc.

Court : Delhi

Decided on : May-16-1980

Reported in : AIR1980Delhi277; ILR1980Delhi940

..... and trade is a salutary practice in administrative law. the present- case vividly illustrates the seif-defeating consequences of non-consultation. the result is that a well meaning control order, patently in the interest of the general public, cannot be implemented. consultation^ of interest infuses law making process with democratic norms particularly in what is called bureaucratic legislation. apart from this .....

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Aug 05 1980 (HC)

interads Advertising P. Ltd. Vs. Bentrex and Co. and Others

Court : Delhi

Decided on : Aug-05-1980

Reported in : [1983]53CompCas646(Delhi); ILR1981Delhi681

..... be punished for mere delay on his part in pinpointing this serious flaw in the bill of exchange which is a document of vital importance especially when the discrepancy is patent on it face. it is noteworthy that in the letter dated 4th october, 1979, to defendant no. 3, the plaintiff specifically raised the objection that the shipping documents including the ..... & 2 and has sought a decree or declaration that he is not liable to reimburse defendant no. 3 on their basis. a visual examination of the documents has revealed some patent defects and discrepancies in the bill of exchange as well as the certificate of quality as found above. the banker must comply rigidly with his instructions and where he does .....

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Feb 29 1980 (HC)

Ganesh Anand Chela Vs. Swami Divyanand

Court : Delhi

Decided on : Feb-29-1980

Reported in : 1980CriLJ1036; 17(1980)DLT492; 1980RLR265

..... complaint which i have noted above. the complainant's allegation appears to be that the four specific instances given in sub-paras (a) to (d) of the said para 'are patent falsehood done with malice and makes the dharam and guru and his chelas including the complainant a subject of contempt and ridicule,...........'. the learned magistrate, while keeping .in view the ..... in order to defame the guru and his dharam he has done many acts by mouth and in writing and some of them are detailed as under as they are patent falsehood done with malice and makes the dharam and guru and his chelas including the complainant a subject of contempt and ridicule amongst the sanyasis as well as among the .....

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Feb 27 1980 (HC)

Municipal Corporation of Delhi Vs. R.N. Ghanerkar

Court : Delhi

Decided on : Feb-27-1980

Reported in : 17(1980)DLT482

..... the question of undue influence could hardly arise. it is also true that it is little odd that the corporation should have agreed to enter into such an obvious and patent unsustainable rates of damages on the payment being delayed beyond 15 days. be that as it may, the arbitrator has apparently proceeded on the footing that the liquidated damages proved ..... by clause 6 was stipulated and could not be reopened by him. in this he has committed a patent illegality. he has thus because of having taken this view of law not applied his mind to as to what amount of liquidated damages as reasonable compensation should have been ..... of compensation at the rate fixed in the agreement was obviously so penal that the same cannot be sustained in law. we are, thereforee, satisfied that the award suffers from patent illegality on this aspect and we would, thereforee, allow the appeal; set aside the order of the learned single judge and remit the award to the arbitrator. we would also .....

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