Court : Gujarat
Reported in : 192ITR633(Guj)
..... 16 (xi-a), dated may 31, 1962. under the collaboration agreement dated december 28, 1961, the assessee-company had acquired an exclusive right for the use of the patents for manufacture of engineering products of the foreign company. under clause (12) of the collaboration agreement, the foreign company bound themselves not to engage in manufacture either unilaterally or ..... to be written off over the abovementioned period. learned counsel for the assessee-company submitted that the assessee-company had purchased patent rights under the aforesaid collaboration agreement dated december 28, 1961, and, therefore, its case was directly covered by the said circular dated may 31, 1961. on the other ..... considering this question that the government issued the circular dated may 31, 1961. as stated in the circular, the government decided that the expenditure incurred on purchase of patent rights could be treated as consolidated revenue expenditure by spreading it over a period of 14 years. the said circular stated that, accordingly, such expenditure may be allowed ..... disposal of the limited liability company, which messrs. chinubhai manibhai and shrenik kasturbhai intended to incorporate in india all the present and future know-how, the use of patents and all technical details with complete workshop drawings for manufacture of their engineering products, on the terms and conditions set out in the agreement. such technical collaboration was .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1972Guj92; (1972)GLR269
..... this contention and decided the preliminary issue by holding that, despite the consent decree, the suit was maintainable. the defendant thereupon preferred a letters patent appeal before a division bench of the high court. the question arose whether the appeal was maintainable under c1. 15 and that required the division ..... may, therefore, be stated to be that a decision in order to be a 'judgment' within the meaning of clause 15 of the letters patent must be a decision which, whether it be final or preliminary or interlocutory, affects the merits of the question in controversy between the parties in ..... this court only under clause 15 of the letters patent and, therefore in order to determine the maintainability of the appeal, it is necessary to inquire whether the decision of mr. justice divan could be ..... first and second respondents urged that the decision of mr. justice divan did not constitute 'judgment' within the meaning of clause 15 of the letters patent and no appeal was, therefore, maintainable against it. now an appeal could lie against the decision of mr. justice divan to a division bench of ..... , he answered issue no.2 in the negative. the appellant thereupon preferred the present appeal in this court under clause 15 of the letters patent.2. when the appeal reached hearing before us, a preliminary objection was taken on behalf of the first and second respondents against the maintainability of .....Tag this Judgment!
Court : Gujarat
Reported in : (2002)1GLR43; (2002)1GLR432
..... subject to the superintendence of the said high court, where the judge who passed the judgment declares that the case is a fit one for appeal; .....' under the letters patent, various jurisdictions are conferred on the high court. broadly classified, they are ordinary original civil jurisdiction, extraordinary original civil jurisdiction, appellate jurisdiction from subordinate courts, jurisdiction as to ..... the judgment, letters patent appeal will not lie against an order arising out of such review application. exercise of powerand passing of any order in revisional jurisdiction or power otherwise also is ..... are not appealable under clause 15. this proposition is extensively explored, exhaustively expounded and very well settled requiring no further detailed or meticulous articulation of principles.5. letters patent appeal does not lie against an order refusing to review the judgment passed in revisional jurisdiction also for the simple reason that if an appeal does not lie against ..... their privy council, as hereinafter provided.'4. it could very well be visualised from the plain perusal of the aforesaid provision that the clause 15 of the letters patent providing for intra-court appeal will not be attracted if the impugned order is in exercise of revisional jurisdiction. an order of a single judge exercising revisionat jurisdiction .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1986Guj10; (1985)2GLR102
..... . even examining this contention, it would amount to an order made in proceedings with would be tantamount to numerically a second appeal and, therefore, also letters patent appeal would not be competent. the learned advocate general, however, urged that the point which is being canvassed is that the impugned order which has been made is one made ..... (see:nagendra nath dey v. suresh chandra de and shankar ramchandra, v. krishnaji dattatraya : 1scr322 ). it would not, however, follow from this settled position of law that a letters patent appeal is competent from an order made in exercise of the revisional jurisdiction because the revisional jurisdiction is ultimately a part of the larger appellate jurisdiction of the high court ..... order made in exercise of the revisional jurisdiction and not an interim order made in revisional proceedings. in our opinion, this interpretation would lead to such an absurd position letters patent appeal would not be competent from final order though it would be competent from interim orders made in course of revisional proceedings. it is no doubt true that revisional jurisdiction ..... on behalf of the applicants, the order in question is an order made in exercise of the original jurisdiction though of course, in. revision proceedings and, therefore, the letters patent appeal is competent. we are afraid this is too specious a contention with which we can agree. in. the first place, the contention amounts to saying that the exception carved .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1990Guj80; (1989)2GLR823
..... clerk states that it has been ordered to be posted today before the division bench, which is taking up first appeals. by our order in letters patent appeal no. 59 of 1989, passed on 24th february, 1989, we have directed that this matter may be placed before the division bench taking up ..... have made above, we are not inclined to interfere with the discretionary order passed by the learned single judge of our high court and accordingly, this letters patent appeal is dismissed. 10. mr. k. s. nanavati, the learned counsel appearing for the appellant, submits, that this order passed by us today may ..... judgment and decree of the city civil court in civil suit no. 1353 of 1983. in as much as we are hearing finally the letters, patent appeal and had these basic information, through arguments and from the averments made in the petition and the affidavit-in-reply, there cannot be any ..... in preferring the appeal and submitted and that in any event the order passed by the learned single judge cannot be interfered with at this letters patent appeal state. 8. from the petition and the affidavits we have referred above, it is clear that the suit came to be filed much ..... of such statement made by mr. clerk, mr. nanavati, the learned counsel appearing for the appellant in that letters patent appeal, withdrew the letters patent appeal. as it is, we have, dismissed the letters patent appeal, confirming the order of the learned single judge, condoning the delay in filing the first appeal, after following .....Tag this Judgment!
Court : Gujarat
Reported in : (2000)1GLR851
..... mention that feeling aggrieved by certain directions which were given by the learned single judge in special civil applications no.9938/94 to 9949/94, letters patent appeals no. 871/95 to 881/95 were filed by the original petitioners. the division bench comprising the then hon'ble chief justice k.g. ..... to 5599/93 relate to proposed demolition of shops constructed in the building known as 'tulsi' situated at mithakhali, navrangpura, ahmedabad. 4. letters patent appeals no.640/94 to 651/94 arise out of judgment rendered by the learned single judge in special civil applications no.9938/94 to 9949/94 ..... of shops constructed in the same building i.e. vijay plaza. letters patent appeals no.634/94 to 639/94 which arise out of judgment rendered by the learned single judge in special civil applications no.5594/93 ..... in cellar, ground floor and first floor of the building known as 'vijay plaza' situated at kankaria road, opposite abad dairy, ahmedabad. 3. letters patent appeals no.630/94 to 633/94 which arise out of judgment rendered in special civil applications no.6167/93 to 6170/93 relate to proposed demolition ..... for our consideration in these appeals, we propose to dispose of them by this common judgment. 2. special civilapplication no.5555/93 out of which letters patent appeal no. 553/94 arises, was originally filed by 55 persons. pursuant to order dated june 18, 1993 passed by the court, petitioners no.56 .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2003Guj37; (2002)3GLR489
..... court appeal are, normally, governed and regulated by the statutory provisions conferring right of appeal and jurisdiction to decide the appeal. intra-court appeal under clause 15 of the letters patent, arising out of the proceedings under article 226 of the constitution is not at par with other statutory inter-court appeals. it is, indeed, continuation of the proceedings under article ..... 226 of the constitution. the high court hearing the intra-court appeal under clause 15 of the letters patent arising out of proceedings under article 226 of the constitution, ultimately, exercises the powers conferred upon it by article 226 of the constitution. 10. the language employed in clause (3 ..... petition under clause (1) of article 226 of the constitution as well as to any proceedings relating thereto. 11. indisputably, the proceedings in appeal under clause 15 of the letters patent arising out of the petition under article 226 of the constitution emanate from a petition under clause (1) of article 226 of the constitution, and such proceedings are, therefore, clearly ..... opportunity of being heard.12. in the instant case, the ex parte interim order dated 18th february, 2002 was passed in civil application no. 1310 of 2002 in letters patent appeal, which are proceedings in relation to and arising out of the petition under article 226(1) of the constitution, and it was passed without furnishing to the applicant copies .....Tag this Judgment!
Court : Gujarat
Reported in : [2002(92)FLR753]; (2001)3GLR2474; (2001)IILLJ944Guj
..... aggrieved by the order of the labour court, questioned the same before the learned single judge, successfully, and hence, at the instance of the original applicant, this letters patent appeal, before us.7. the appellant, original-applicant, had invoked the powers under section 33c(2) of the industrial disputes act, 1947, which reads as under ..... favour of the workman, for the following reasons.2. at this stage, admitted aspects may be narrated so as to comprehend, fully, the merits of this letters patent appeal.3. the appellant was appointed as watchman with respondent-e.s.i. scheme, ahmedabad (hereinafter known as 'the corporation'). he made an application for the ..... by filing special civii application no. 2294 of 1995, which came to be allowed by the learned single judge. hence, this letters patent appeal under clause 15 of the letters patent.4. there is no dispute about the fact that the appellant was working as a watchman and he was working from 8-00 p ..... the date of payment, with cost which is quantified at rs. 2,000/-.11. in view of the order passed in the main letters patent appeal, the civil application does not assume any survival value. hence, it shall stand disposed of accordingly. rule discharged.12. rule discharged. ..... j.n. bhatt, j.1. a short, but interesting question, which has figured in this letters patent appeal under clause 15 of the letters patent is, as to whether the impugned order of the learned single judge, whereby, the claim for an amount of rs. 2,06,068/- .....Tag this Judgment!
Court : Gujarat
Reported in : (2002)3GLR813
..... by the original petitioner and approved by the learned single judge is required to be confirmed and affirmed by us while dismissing the letters patent appeal on merits, even if the analogous provisions of res judicata are not taken into consideration for the dismissal of the appeal on technical ..... record of the present case, which would warrant the interference of this court in exercise of appellate powers under clause 15 of the letters patent. the learned single judge, upon appraisal and evaluation of the facts and the ambit of the powers of the respondent-authority in condonation of ..... law, rejected the writ petition, and hence, this letters patent appeal. 8. after having considered the long litigating journey, again we are called upon to consider the merits of the claim of the original petitioner ..... afresh consideration and decision according to law on merits by order dated 4-9-1996 in letters patent appeal no. 360 of 1996. the learned single judge again, on consideration of the facts and circumstances and the relevant proposition and rules and ..... and filed writ petition being special civil application no. 1505 of 1995, which was also rejected by the learned single judge. however, in letters patent appeal no. 360 of 1996 challenging the order of the learned single judge, the division bench of this court directed learned single judge for .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1984Guj1; (1983)1GLR763
..... into service -against the impugned action of the corporation. we. there fore, do not see any purpose in, remanding the matter. this letters patent appeal is, therefore, allowed and the judgment of the learned single judge confirming the judgment of the learned city civil judge is set aside and ..... first appeal aside the. impugned notices and granting the permanent injunction has not been affirmed by the division no. 531/74 the present letters patent bench which has found as a matter of fact that the impugned notice precisely and squarely set out the appeal no. 323/ft the ..... common order by which the aforesaid first appeal including seven before the division. bench of this first appeal no. 632/74 out of which this letters patent appeal arises, that the impugned notice . was . court. the corporation has also filed imprecise and vague and, therefore, confirming the judgment and decree ..... g. t. nanavati, jj.) and by the order of the division bench of aug. 13, 1979 development officer. the 0drporation. there the letters patent appeals from the aforesaid seven companion first appeals were allowed and the order fore, carried the matter further by filing of the learned single judge was set ..... to the aggrieved parties of hearing. the learned judge did not, however, go into the question as to whether the authority was validly and legally patent appeals from those companion first appeals reached hearing before the division bench of this conferred on the, deputy town deve court (coram: s. h. .....Tag this Judgment!