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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 1972 Page 1 of about 17 results (0.004 seconds)

Sep 22 1972 (HC)

Mansukhlal Kapurchand Sanghavi and anr. Vs. Shushilaben Durlabhji Vira ...

Court : Gujarat

Decided on : Sep-22-1972

Reported in : AIR1973Guj278; (1973)0GLR422

..... both the suits. we do not, therefore, see any reason why we should not permit the defendants to raise this contention before us in the letters patent appeals. even though it was not urged by them at the hearing of the second appeals before mr. justice sompura. so far as the merits of ..... that there are observations in : air1952bom106 (supra) which might at first blush seem to suggest that n appellant can never be permitted in a letter patent appeal to raise a contention which has not been urged by him before the judge hearing the second appeal but if closely read, they would show that ..... this contention at the instance of the defendants and urged that this contention could not be allowed to be raised by the defendants in the letter patent appeal because it had not been raised before at any earlier state of the proceeding and even before mr. justice sompura who heard the second appeal ..... observe the other conditions of the tenancy. this contention would seem to be unanswerable in view of the decision given by us this morning. in letter patent appeal no. 89 of 1970 (guj) and there can be urged by the defendants, it would afford a complete answered to the claim of the ..... the bombay rent act repealing inter all the saurashtra a rent act. the defendants, therefore raised a condition before us at the hearing of the letter patent appeals that the saurashtra rent act having been perplexed an the bombay rent act having been made applicable to the premises during the presidency of the suit .....

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Sep 21 1972 (HC)

Vanand Savji Tapu Vs. Bai Jaikunver Durlabhji

Court : Gujarat

Decided on : Sep-21-1972

Reported in : (1973)14GLR410

..... and, with great respect to them, we must express our dissent from these decisions and hold that they do not lay down the correct law.we, therefore, allow this letters patent appeal, set aside the judgment and decree passed by mr. justice n.k. vakil and restore the order of remand made by the learned district judge. the plaintiff will pay ..... the learned trial judge. the defendant was obviously aggrieved by this decision given by the learned judge and he, therefore, preferred the present appeal under clause 15 of the letters patent.5. now before we proceed to examine the arguments advanced on behalf of the parties it would be convenient at this stage to refer to the relevant provisions of law ..... p.n. bhagwati, c.j.1. this letters patent appeal raises an interesting question of law as to the effect of repeal of saurashtra rent control act, 1951, (hereinafter referred to as the saurashtra rent act) on a suit .....

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Apr 18 1972 (HC)

Valley Noor Mohomad and anr. Vs. the State of Gujarat and ors.

Court : Gujarat

Decided on : Apr-18-1972

Reported in : AIR1974Guj31; (1973)GLR10

..... 'a tax is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities. it would be impossible to judge the compensatory nature of a tax by a meticulous test, and in the nature .....

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Jan 10 1972 (HC)

Shivprasad Umashanker Vs. Municipality of Palitana

Court : Gujarat

Decided on : Jan-10-1972

Reported in : (1997)2GLR1460

p.n. bhagwati, c.j.1. this letters patent appeal raises an interesting question affecting the relationship of a municipality and its chief officer under the provisions of the gujarat municipalities act, 1963. the facts giving rise to the .....

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Aug 08 1972 (HC)

Amratlal Gurdial JaIn and anr. Vs. the State of Gujarat and anr.

Court : Gujarat

Decided on : Aug-08-1972

Reported in : 1973CriLJ1278; (1973)GLR61

..... high court in the exercise of its original criminal jurisdiction and such appeal may, notwithstanding anything contained in sec- 418. or section 423 sub-section (2) or in the letters patent or law by which the high court is constituted or continued but subject to the restrictions imposed by clause (b) and clause (c) of sub-section (1) of this section ..... held by a high court in the exercise of its original criminal jurisdiction may, notwithstanding anything contained in section 418 or section 423 sub-section (2) or in the letters patent or law by which the high court is constituted or continued, appeal to the high court:(a) against the conviction on any ground of appeal which involves a matter of .....

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Mar 14 1972 (HC)

State of Gujarat Vs. Thakorbhai Vallabhbhai Naik and ors.

Court : Gujarat

Decided on : Mar-14-1972

Reported in : (1972)0GLR708

..... state government to treat the petitioners on par with degree-holders in the matter of pay scale. this view taken by the learned judge is assailed in the present letters patent appeal. 2. the question is whether fixation of different pay scales for assistant lecturers who are degree-holders and assistant lecturers who are diploma-holders is discriminatory and hence violative ..... bhagwati, c.j. 1. this letters patent appeal raises a short question as to the constitutional validity of prescription of different scales of pay for assistant lecturers who are holders of second class degree with or without .....

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Nov 22 1972 (HC)

State of Gujarat and anr. Vs. K.A. Patel and ors.

Court : Gujarat

Decided on : Nov-22-1972

Reported in : (1973)14GLR730

..... sought to be made on account of abolition of posts or for the purpose of promoting clerks who have passed revenue qualifying examination.38. we accordingly allow these letters patent appeals and dismiss the petitions preferred by the petitioners and discharge the rule issued in each of the petitions. there will be no order as to costs all throughout ..... to revert the petitioners on the ground that they have not passed the revenue qualifying examination. this view taken by mr. justice divan is assailed in the present letters patent appeal.4. though the petition was disposed of before mr. justice divan on a short point, the arguments before us ranged over a wide field and we must confess ..... to the appeals are identical in material particulars barring only difference in dates and it would, therefore, be sufficient if we take letters patent appeal no. 19 of 1971 as representative of the group and briefly recapitulate the facts giving rise to that appeal.2. letters ..... patent appeal no. 19 of 1971 arises out of special civil application no. 884 of 1969. the petitioners in this special civil application joined service as clerks in ..... p.n. bhagwati, c.j.1. this is a group of letters patent appeals directed against the judgment of mr. justice divan in several writ petitions relating to employees of the pre-reorganized state of bombay. the facts giving rise .....

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Feb 10 1972 (HC)

Shantilal Babubhai and ors. Vs. Bai Chhani and ors.

Court : Gujarat

Decided on : Feb-10-1972

Reported in : AIR1973Guj146; (1973)0GLR45

..... requested me. as the chief justice, to refer the point of difference to a full bench. that could be legitimately done because clause 36 of the letter patent provides that 'the case shall then be head upon that point by one or more of the other judges' and the point by of difference can. therefore, ..... point as to whether laxmi had power of disposition inter viovs. now it is true that under clause 36 of the letters patent a point which has not been urged before the division bench and on which the judges composing the division bench have not differed cannot be urged ..... . h. sheth jj. was whether laxmi had an absolute interest or a limited interest and the jurisdiction of divan j. under clause 36 of the letters patent was, therefore, confined only to deciding which of the two views on the point of difference was correct and he had no jurisdiction to entertain a new ..... of the will and effectuate the manifest intention of zaverbhai. but taking this intermediate view rendered the decision of the appeal under clause 36 of the letter patent impossible, since on this intermediate view there would be no majority opinion amongst the judges in according with which the appeal could be decided. divan j. ..... case was then heard on this point by mr. justice divan who was assigned this work by me as chief justice under clause 36 of the letters patent, divan j. found himself unable to agree with the view taken by either of the two learned judges. he preferred to taken an intermediate view, .....

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Apr 04 1972 (HC)

Junagadh Salt and Allied Chemical Works Vs. the State of Gujarat and o ...

Court : Gujarat

Decided on : Apr-04-1972

Reported in : AIR1973Guj68

..... justice divan in the earlier petition is an order of the concerned. it has become final and convulsive consequent upon the withdrawn of the letters patent appeal . the question, therefore, which arises for out consideration is this: can we revise that order in an independent proceeding instituted of obtaining the ..... recorded.5. mr. zaveri was contended that the final order of summary rejection record in the earlier petition and the withdrawal of the letter patent appeal filed against that order operate as re judicata and the present petition. the order made by mr. justice divan is really not speaking ..... order had been recorded by mr. justice divan in the special civil application though the had done it in their absence . since the letter patent appeal was allowed to be withdraw at the admission stage, to the notice was issued to the respondents and therefore the earlier petition could not ..... by mr. justice divan in the earlier special civil application untouched and undisturbed. it became final and conclusive. the order recorded in the letter patent appeal also stated that the appeal was allowed to be withdrawn because the petition wanted to file a fresh petition. the filing of a fresh ..... could the proceeding in the special civil application. it would have been respondent only either upon the review application or upon a appeal . letter patent appeal no. 29 of 1970 was filed by the petitioner against the aforesaid order petition recorded in the earlier writ petition. the following is the .....

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Sep 22 1972 (HC)

Vohra Bai Khatiia Isabhai and ors. Vs. Vohra Karimbhai Issabhai and or ...

Court : Gujarat

Decided on : Sep-22-1972

Reported in : AIR1974Guj4; (1973)GLR679

..... this appeal. there will be no order as to costs of this appeal in the circumstances of the case.9. mr. h. m. thakore asks for certificate to file letters patent appeal against this decision. the question is one of custom and the proof of custom and no such proof has been adduced on behalf of the respondent no. 1 thus .....

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