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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 1965 Page 1 of about 25 results (0.006 seconds)

Oct 29 1965 (HC)

Govindshram Hotel Vs. the State of Gujarat

Court : Gujarat

Decided on : Oct-29-1965

Reported in : [1966]17STC100(Guj)

..... originally laid down in heydon's case (3 co. rep. 7a; 76 e.r. 637), and reaffirmed by earl of halsbury in eastmar photographic material co. v. comptroller-general of patents, designs and trade marks ([1898] a.c. 571) that :- '................ to construe the statute in question, it is not only legitimate but highly convenient to refer both to the former act .....

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Nov 22 1965 (HC)

ishwarlal Nandlal Maula Vs. the State of Maharashtra (Now the State of ...

Court : Gujarat

Decided on : Nov-22-1965

Reported in : (1966)7GLR589

..... trial court that there was a bar of section 80 to the present amendment was not warranted, if it had properly understood the relevant enactment and if it was this patently wrong view of law, which prevented it from entertaining the plaintiff's claim, the error was clearly one of jurisdiction and jurisdiction alone which could be corrected under section 115 ..... issues and had thus in substance decided an issue of fact without any trial of the suit on evidence. it is, therefore, clear that if the subordinate court on a patently wrong view or missing relevant considerations or on ground not open to it holds a bar to exist when there was no bar to the trial of the suit, the .....

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Mar 25 1965 (HC)

Jagjivandas Bhikhabhai Vs. Gumanbhai Narattamdas

Court : Gujarat

Decided on : Mar-25-1965

Reported in : AIR1967Guj1; (1965)GLR778

..... could, therefore, be placed on it on behalf of the plaintiff. however, we may point out that if the instrument were otherwise admissible, we should have even in this letters patent appeal admitted the instrument in evidence since we find that the execution of the instrument has throughout been admitted by the defendant. but we are of the view that the ..... this court, but the second appeal was dismissed by raju, j. hence the present appeal with leave of the learned judge obtained under cl 15 of the letters patent.(2) this being a letters patent appeal against a decision given in second appeal the facts as found by the learned district judge must be accepted as final and binding and the letters ..... patent appeal must be decided on the basis of those facts. as we have pointed out above, according to the learned district judge, the plaintiff failed to establish that he lent ..... bhagwati, j.(1) this letters patent appeal is directed against a judgment given by raju, j., in second appeal confirming a decree passed in appeal by the district judge, broach, dismissing a suit filed by the .....

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Oct 14 1965 (HC)

Amirkhan F. Pathan Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Oct-14-1965

Reported in : (1966)0GLR56; (1965)IILLJ645Guj

..... if an inferior court or tribunal of first instance acts wholly without jurisdiction or patently in excess of jurisdiction or manifestly conducts the proceedings before it in a manner which is contrary to the rules of natural justice and all ..... is in point - where the error, irregularity or illegality touching jurisdiction or procedure committed by an inferior court or tribunal of first instance is so patent and loudly obtrusive that it leaves on its decision an indelible stamp of infirmity or vice which cannot be obliterated or cured on appeal or revision. ..... is right in contending that total absence of any evidence touches the question of jurisdiction, it is difficult to concur with him that such absence is patent on the aforesaid ground. it is quite obvious that such a ground would not appear on the show-cause notice. by reading the show-cause ..... respondent 2 in regard to the second show-cause notice or that he is exceeding the same and that such absence or excess of jurisdiction is patent on the, record. in our judgment, there is not the slightest doubt that respondent 2 has jurisdiction to issue to second show-cause notice. ..... respondent 2 in regard to the second show-cause notice. sri daru accepts the proposition that a writ of prohibition issues in cases where there is patent absence or usurpation or excess of jurisdiction. it is well-settled law that, in such cases, a superior court interposes at an interim stage .....

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Mar 08 1965 (HC)

Chandrakant Harmandas and ors. Vs. the Charity Commissioner of Gujarat

Court : Gujarat

Decided on : Mar-08-1965

Reported in : (1965)6GLR649

..... the order of the charity commissioner must be excluded under section 12(2) of the limitation act and if that be so the applicants must obviously succeed in this letters patent appeal. but contended mr. a.d. desai learned assistant government pleader appearing on behalf of the charity commissioner this decision should not be followed by us and that in any ..... commissioner. the learned judge accordingly allowed the appeal and set aside the order passed by the learned extra assistant judge. hence the present appeal under clause 15 of the letters patent.2. now we may point out at the outset that the very point which is before us for decision in this appeal came up for decision before the bombay high ..... p.n. bhagwati, j.1. a short question relating to the applicability of section 12 of the limitation act arises in this letters patent appeal. an application was made to the district court kaira at nadiad under section 72 of the bombay public trusts act 1950 for setting aside a decision given by the .....

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Jul 21 1965 (HC)

Arvind Mills Ltd., Ahmedabad Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Jul-21-1965

Reported in : (1966)0GLR156

..... rule the debtor may be liable to be sued at the place of residence of the creditor under the code of civil procedure or the relevant provision of the letters patent but the place where the creditor can normally enforce payment of the debt is the place where the debtor resides and that is the locality of the debt. the law .....

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Apr 19 1965 (HC)

Tempton Jahangir Frazer Vs. Ranchhoddas Khimji Asher and State of Guja ...

Court : Gujarat

Decided on : Apr-19-1965

Reported in : AIR1966Guj166; 1966CriLJ749; (1966)GLR25

..... two learned judges constituting the bench which heard the application under article 134(1)(c) and hence the matter has been placed for disposal under clause 36 of the letters patent.2. the petitioner in this application is the original complainant who had filed a complaint against opponent no. 1 in the court of the judicial magistrate, first class at broach ..... really from a judgment, decree or final order of the high court. at page 4 of the judgment, it was observed that:'our attention was called to clause 39, letters patent of the high courts of calcutta, bombay and madras which provides for appeals to his majesty-in-council from 'any final judgment, decree or order' and 'urged that in the .....

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Jul 23 1965 (HC)

Sayyed Rahmanmiya Mustafamiya Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Jul-23-1965

Reported in : AIR1966Guj200; (1965)GLR978

..... which the draftsman has not imposed in it.15. in this connection. mr. nanavati drew our allention to an unreported judgment of the high court of bombay in a letters patent appeal in jadeja jagatsinhji dipsinhji v. director of land records and settlement officer, no. 1 of 1951, dated 9-12-1957 (born) by chainani, j., as he then was. and .....

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Jul 16 1965 (HC)

Punjabhai Dahyabhai Patel Vs. Shah Jayantilal Manilal and ors.

Court : Gujarat

Decided on : Jul-16-1965

Reported in : (1965)6GLR849

..... defect in a proceeding does not make the order of the authority of the first instance a nullity but the defect must be concerning either want of jurisdiction or a patent violation of the principles of natural justice such as want of notice or inquiry to render an order null and void. it is therefore clear that the order passed by .....

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Mar 25 1965 (HC)

Jagivandas Bhikhabhai Vs. Gumanbhai Narottamdas

Court : Gujarat

Decided on : Mar-25-1965

Reported in : (1965)6GLR778

..... could therefore be placed on it on behalf of the plaintiff. however we may point out that if the instrument were otherwise admissible we should have even in this letters patent appeal admitted the instrument in evidence since we find that the execution of the instrument has throughout been admitted by the defendant. but we are of the view that the ..... this court but the second appeal was dismissed by raju j. hence the present appeal with leave of the learned judge obtained under clause 15 of the letters patent.2. this being a letters patent appeal against a decision given in second appeal the facts as found by the learned district judge must be accepted as final and binding and the letters ..... patent appeal must be decided on the basis of those facts. as we have pointed out above according to the learned district judge the plaintiff failed to establish that he lent ..... p.n. bhagwati, j.1. this letters patent appeal is directed against a judgment given by raju j. in second appeal confirming a decree passed in appeal by the district judge broach dismissing a suit filed by the .....

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