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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Page 8 of about 1,904 results (0.009 seconds)

Apr 28 1997 (HC)

Registrar, High Court of Gujarat Vs. B.J. Patel, Chief Judicial Magist ...

Court : Gujarat

Reported in : (1997)2GLR1660

..... and by virtue of the interim order, the learned single judge had held that the petitioners were entitled to the relief against reversion. that interim order was questioned in letters patent appeal and in that submission was raised that the interim order or interlocutory order is not a judgment and therefore, appeal is not maintainable in view of clause 15 which ..... ourselves on that aspect at this stage. but the purpose and policy incorporated in clause 15 of the l.p. is unequivocal.25. in case of any judgment, the letters patent appeal could be resorted to invoking clause 15. no doubt, the expression 'judgment' is not statutorily defined or articulated, but 'judgment' means order or decision permanent or temporary, when rendered ..... , high court of gujarat, being aggrieved by the said interlocutory order and direction, has, now, come up before this court by filing this appeal under clause 15 of the letters patent. the appellant, high court of gujarat, has assailed the interlocutory order on various grounds.the learned additional advocate general, mr. shelat, while appearing for the appellant, high court of gujarat ..... enshrined in article 226, that too at an interlocutory stage, in a matter of transfer, is the solitary but the substantial question for our appreciation and adjudication in this letters patent appeal.2. since the main writ petition is awaiting final verdict before the learned single judge, we would like to mention only the skeleton projection of facts which are relevant .....

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May 04 1973 (HC)

Shushila Kesarbhai and ors. Vs. Bai Lilavati and ors.

Court : Gujarat

Reported in : AIR1975Guj39

..... be conferred on the high court by subsequent legislation. whenever, therefore. the high court exercises appellate jurisdiction whether by virtue of any laws or regulations in force when the letters patent of 1865 were issued or by virtue of any subsequent legislation, it does so under clause 16 read with clause 44. the high court in either case exercises appellate jurisdiction ..... original jurisdiction or appellate jurisdiction, the only condition being that the function performed by the, division court in exercise of such jurisdiction must be a function directed by the letters patent to be performed by the high court. it was common ground between the parties that clause 15 confers appellate jurisdiction on the high court by providing for an intra high ..... as may be prescribed thereby; and save as by such letters patent may be otherwise directed, and subject and without prejudice to the legislative powers in relation to the matters aforesaid of the governor-general of india in council, the high court ..... and all such powers and authority for, and in relation to the administration law justice in the presidency for which it is established, as her majesty may by such letters patent as aforesaid, grant, and direct subject, however, to such directions ,and limitations as to the exercise of original civil and criminal jurisdiction beyond the limits of the presidency towns .....

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May 04 1973 (HC)

Babulal Vadilal Vs. Ambica Iron and Steel Works Re. Rolling

Court : Gujarat

Reported in : (1974)15GLR474

..... be conferred on the high court by subsequent legislation. whenever, therefore, the high court exercises appellate jurisdiction whether by virtue of any laws or regulations in force when the letters patent of 1865 were issued or by virtue of any subsequent legislation, it does so under clause 16 read with clause 44. the high court in either case exercises appellate jurisdiction ..... original jurisdiction or appellate jurisdiction, the only condition being that the function performed by the division court in exercise of such jurisdiction must be a function directed by the letters patent to be performed by the high court. it was common ground between the parties that clause 15 confers appellate jurisdiction on the high court by providing for an intra high ..... may be prescribed thereby; and save as by such letters patent may be otherwise directed, and subject and without prejudice to the legislative powers in relation to the matters aforesaid of the governor-general of india in council, the high court ..... and all such powers and authority for, and in relation to, the administration of justice in the presidency for which it is established, as her majesty may by such letters patent as aforesaid, grant, and direct subject, however, to such directions and limitations as to the exercise of original civil and criminal jurisdiction beyond the limits of presidency towns as .....

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Aug 23 1999 (HC)

Harsukhbhai Gordhanbhai Hadvani Vs. State of Gujarat

Court : Gujarat

Reported in : AIR2000Guj188; (2000)1GLR32

..... absence of sarpanch and up-sarpanch in accordance with the provisions to which the reference had been made by the division bench while deciding the letters patent appeal on 29th april, 1999 to which a detailed reference has been made hereinabove. had the author of the impugned order dated 19th april, 1998 ..... the provisions of section 55(4) and clause (v) of sub-section (2) thereof, as has been recorded by the division bench while deciding the letters patent appeal no. 269 of 1999. sections 55 and 59 are reproduced as under :'55. (1) save as otherwise expressly provided by or under this act, ..... pray that the order which is already passed by the learned single judge, if necessary, be varied and without prejudice to such liberty the letters patent appeal was rejected. an affidavit-in-reply dated 5th november, 1998 as tiled on behalf of the respondent no. 3 is on record to which ..... been treating him as sarpanch and had entered into correspondence with him as such. on behalf of the respondents, it was contended in the letters patent appeal that after the removal of the sarpanch, the up-sarpanch namely, laxmidas was called upon to function as sarpanch and take over the charge of ..... as was granted earlier was made absolute till the final decision of this special civil application. against this order dated 4th february, 1999, a letters patent appeal no. 269 of 1999 was preferred by the district development officer along with civil application no. 1875 of 1999. the petitioner claimed that he was .....

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Mar 11 1981 (HC)

Sameen Banu Makrani and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1981)22GLR1084

..... with no order as to costs. rules issued on the civil applications are also discharged because the main appeals have been decided on merits and also particularly because the letters patent appeals in which these applications have been made have been preferred and allowed to be filed in representative capacity under order 1 rule 8 of the civil procedure code. there should be ..... an appeal as held in naresh's case (supra), in that view of the matter, the learned single judge dismissed both the aforesaid petitions.10. similarly all the other letters patent appeals have been preferred by those sponsored candidates who felt aggrieved by the impugned order resulting in the cancellation of their admissions to the different institutes. it should also be ..... a sequel to the impugned order the admissions granted to the candidates sponsored in the aforesaid five orders were also consequently withdrawn and cancelled. the appellants before us in letters patent appeal no. 209 of 1980 filed special civil application no. 3357 of 1980 before this court praying for appropriate writ, order and direction to quash and set aside the ..... aforesaid five orders though those two orders threatening the likely penal action for failure to comply with the directions as to admission, were withdrawn afterwards. respondent no. 3 of letters patent appeal no. 209 of 1980, therefore, moved this court for appropriate writ, order and direction to quash and set aside the aforesaid five orders of the government by her petition .....

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Jun 26 1991 (HC)

Gujarat Mazdoor Panchayat Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1991)2GLR1354; (1992)IILLJ486Guj

..... under the i.d. act. ................................11. ..... ...... ...... the following points for determination arise for our consideration :- (1) whether the impugned order at annexure 'a' to the petition involves patent error of law and jurisdiction and is required to be quashed. (2) whether the industrial disputes centering round the four demands mentioned in the order at annexure 'a' are required ..... clearly indicate that the appropriate government has exceeded it jurisdiction and has adjudicated upon the very dispute which is required to be referred and hence, the impugned order is patently illegal and ultra vires. 18. we find considerable substance in the aforesaid contentions of mr. shahani. it is true that the appropriate authority while exercising powers under section ..... 10(1) can consider prima facie whether the dispute is required to be referred or whether it is patently frivolous dispute. but that does not mean that the government can finally pronounce upon the matter and having so pronounced can refuse reference on the basis of such pronouncement ..... exercising the powers under section 10(1) of the industrial disputes act, the appropriate government is entitled to prima facie consider the merits of the dispute, whether it is patently frivolous or is clearly belated and its impact on the general relations between the employer and the employees in the region. but it is not empowered to reach a final .....

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Jun 18 1993 (HC)

Navrangpura Gam Dharmada Milkat Trust Vs. Ramtuji Ramaji and ors.

Court : Gujarat

Reported in : AIR1994Guj75; (1993)2GLR1496

..... of the alt, dated december 16, 1989 insofar as it directed the mamlatdar to take possession from the petitioner-trust and to restore the same to the respondent-tenants was patently beyond jurisdiction inasmuch as under section 32g of the act such an order could not have been passed, and to that extent, the order passed by the alt and also ..... the alt, ahmedabad, dated july 29, 1961 which had become final between the parties. (iv) the initiation of proceedings in the year 1979 by respondent-tenants and entertainment thereof was patently incompetent and without jurisdiction, inasmuch as, section 32(1b) was on the statute book on the relevant date and it squarely applied to the fact-situation. remedies under sections 32g ..... than by due process of law by judgment and decree, dated december 31, 1982. we are told at the bar that first appeal against said judgment has failed and letters patent appeal is pending before the division bench of this court, 4. in the aforesaid factual matrics, mr. g. n. desai, learned counsel for the petitioner-trust has raised the following ..... of fact reached by the three tribunals concurrently can not be and shall not be interferred with by this court lightly unless any of such findings is shown to be patently perverse so as to suggest that no reasonable tribunal could have reached such findings on the facts as existing before it.3. with the. aforesaid introductory statement, we now proceed .....

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Jun 16 1993 (HC)

N.D.D.B. Employees Union Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1994)1GLR891; (1995)ILLJ1Guj

..... that there was a highly contested and disputed question which required adjudication by the judicial authority. by no stretch of imagination, the government can say that the claim made was patently frivolous. the very fact that both the sides had taken considerable pains to make lengthy submissions clearly showed that there was a serious dispute, triable issue and arguable case and ..... is no arguable case and there is no case for any consideration whatsoever. in the name of such prima facie examination on merits to find out whether the claim is patently frivolous or not, the government cannot undertake detailed examination, investigation, appreciation of facts and application of law. it is clearly not the jurisdiction of the government while exercising administrative powers ..... in dealing with a dispute under section 10(1).' 6. thus, the scope of the government decision would be restricted to a finding as to whether the claim made is patently frivolous, clearly belated or if the impact of the claim on the general relation between the employer and the employees in the region is likely to be adverse. in the ..... the question as to whether its powers to make a reference would be exercised under section 10(1) read with section 12(5) or not. if the claim made is patently frivolous, or is clearly belated the appropriate government may refuse to make a reference. likewise, if the impact of the claim on the general relation between the employer and the .....

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Feb 05 1982 (HC)

Parikh Amratlal Ramanlal and ors. Vs. Rami Mafatlal Girdharlal and ors ...

Court : Gujarat

Reported in : (1982)2GLR337

..... the tribunal.11. the result of the aforesaid discussion is that the order passed by the learned member of the tribunal is found to have suffered from patent errors of law and is required to be quashed and set aside. the decision of the tribunal at annexure a to the petition will have therefore, to ..... of the indian evidence act and it is because of the said omission on his part that he has come to his conclusion which suffers from a patent error of law. merely because in a given case it can be determined that power of attorney holder has no personal knowledge regarding the events or the ..... of the indian evidence act and it is because of the said omission on his part that he has come to his conclusion which suffers from a patent error of law. merely because in a given case it can be determined that power of attorney holder has no personal knowledge regarding the events or the ..... act, in view of section 97(1) of the code of civil procedure (amendment) act, 1976. it was contended that the aforesaid reasoning of the tribunal is patently erroneous.5. the contentions raised by mr. s.r. shah, learned advocate for the petitioner are well sustained. the learned member of the tribunal has based his ..... to be given opportunity to lead evidence by examining himself.4. in the present petition it has been contended before me that the tribunal has committed a patent error of law in taking the view that a general power of attorney holder of a party was not a competent witness who could depose on oath before .....

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Mar 31 2006 (HC)

Sharad Bansilal Vakil Vs. Suo Motu

Court : Gujarat

Reported in : (2006)2GLR1707

..... therefore, submitted that the order passed by the learned single judge on 24.02.2006 is judgment within the meaning of clause 15 of the letters patent. by issuing show-cause notices to printers, publishers and editors of newspapers in appellant's application, the learned single judge has, in substance, made ..... thakore has further submitted that the appeal filed by the appellant is competent under both sections 19 of the act and clause 15 of the letters patent. the order under appeal is not an order of adjournment simpliciter, but it decided that the appellant's application shall not be heard, inter ..... remedy. an appeal shall lie to an appellate forum either under a particular statute or under the rules or under the provisions of the letters patent. under section 19 of the act, an appeal is maintainable before the appellate forum, provided the judge has exercised his contempt jurisdiction. the learned ..... editors of certain newspapers to show cause as to why they should not be held liable under the provisions of the act for publication of 'patently false' reports against the court and be awarded punishment and issuing other directions.2. it is the case of the appellant that the learned ..... remedy. an appeal shall lie to an appellate forum either under a particular statute or under the rules or under the provisions of the letters patent. under section 19 of the act, an appeal is maintainable before the appellate forum, provided the judge has exercised his contempt jurisdiction.in certain .....

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