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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 1975 Page 1 of about 25 results (0.005 seconds)

Feb 06 1975 (HC)

Deepak Printery Vs. the Forward Stationary Mart and ors.

Court : Gujarat

Decided on : Feb-06-1975

Reported in : (1976)17GLR338

..... of the copyright act is to protect authors and artists from being exploited. so far as the commercial and industrial designs and rights are concerned, the legislature has enacted the patents act and the designs act. turning now to the copyright act, it is necessary to realise that 'ideas', can never be the subject matter of copyright. copyright can subsist in ..... repro duction of ideas and it does not give a monopoly to any particular form of words or design. it is thus to be distinguished from the rights conferred by patent trade mark and design legislation, which give to the registered proprietor an exclusive right to the registered material, even as against a person who has reproduced such material innocently and ..... the subject-matter of a design under the designs act. sub-section (2) of section 15 provides that in a design which is capable of being registered under the indian patents and designs act, 1911, no copyright can be claimed. this is the view which the learned trial judge has taken and in my opinion rightly. sofar as take design is .....

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Aug 27 1975 (HC)

Sarabhai Management Corporation Ltd. Vs. Commissioner of Income-tax, G ...

Court : Gujarat

Decided on : Aug-27-1975

Reported in : [1976]102ITR25(Guj)

..... to account, dispose of and deal with movable and immovable property and rights and privileges of all kings and in particular lands, buildings, easements, mortgages, debentures, produce concessions, options, contracts, patents, licences, machinery, plant, stock-in-trade, business concerns and undertakings and claims, privileges, concessions, and choses in action of all kinds.' 6. thus, from these different parts of the objects .....

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Sep 10 1975 (HC)

Ravindra Motilal Shah Vs. Chinubhai Chimanlal Dalal and ors.

Court : Gujarat

Decided on : Sep-10-1975

Reported in : (1976)17GLR758

..... from a patent mistake of law and the said order should, therefore, be reviewed condoning the delay.6. the learned trial judge accepted these contentions and found that he had over-looked the ..... aforesaid provision of section 28 of the act, on the part of the present respondent no. 1 has resulted into an order dated 16-1-1970, which suffers from a patent error of law and consequently that order should be reviewed. respondent no. 1 having not pointed out that position to the court, the order in question has happened to suffer ..... that the last transaction entered into between the parties was dated 1-7-1963 and the reference was made by the plaintiff on 7-10-1967, and therefore, it was patently beyond a period of three years and was clearly barred by law of limitation. that contention was negatived by the court. the second contention was, that the arbitrators had entered .....

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Dec 05 1975 (HC)

Chamar Govindbhai Hirabhai (Since Deceased by His Heirs) Vs. Harijan T ...

Court : Gujarat

Decided on : Dec-05-1975

Reported in : (1977)18GLR202

..... the special jurisdiction of the supreme court to interfere even under article 136 of the constitution. this decision could never be pressed in aid for showing that the letters patent appeal would not be competent against this order or that such a proceeding is not original proceeding and that while disposing of such original proceeding the learned single judge was ..... that the applicant stated matters which required to be subsequently satisfactorily controverted before such an application could be dismissed. even in cases where such an application was dismissed for some patent infirmity, the court concerned should have given its reasons for the dismissal. it is in that context that their lordships observed that such orders were judicial orders subject to ..... finally disposed of the rights of the parties and was really an order on an original proceeding before the learned single judge, viz. application for restoration, and therefore, the letters patent appeal was clearly competent. in the present case, even the second appeal had abated by operation of law, and, therefore, there was no question of the learned single judge ..... abatement. story given out on behalf of the petitioner (appellant) not reliable and acceptable. c.a. is dismissed with costs.it is against this order that the present letters patent appeal has been filed by the original defendant-appellant.2. mr. chhatrapati raised a preliminary objection that against such an interlocutory order that no such l.p. appeal was competent .....

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Dec 15 1975 (HC)

Dudhiben Dharamshi and ors. Vs. New Jehangir Vakil Mills Ltd., Bhavnag ...

Court : Gujarat

Decided on : Dec-15-1975

Reported in : 1976ACJ136; [1977(34)FLR363]; (1977)IILLJ194Guj

..... p. 582, that when conclusion had been reached which could not reasonably be entertained be the authority if it properly understood the relevant enactment, then it clearly fell into a patent error in point of law. therefore, the notional extension theory having been wrongly applied both by the commissioner and the learned single judge, this appeal must be allowed because the .....

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Jan 23 1975 (HC)

Vilas Vasantrai Shastri Vs. Vasantrai Vishnu Shastri and ors.

Court : Gujarat

Decided on : Jan-23-1975

Reported in : AIR1976Guj17; (1976)1GLR158

..... . b. mitra's limitation act. 14th edition. page 420. on that page under the caption 'when time runs' it is stated that the legislature has clearly fixed an overt and patent fact. namely the taking of possession of the property by the alienee as the event from which the period has to be calculated so as to avoid as far as .....

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Jul 24 1975 (HC)

Lalji Purshottam Vs. Thacker Madhavji Meghaji

Court : Gujarat

Decided on : Jul-24-1975

Reported in : AIR1976Guj161; (1976)GLR497

..... the order of reference was made on july 5, 1973.6. in letters patent appeal no. 201 of 1971, the appellants before the court were the original mortgagors. the property is situated on mahatma gandhi road, veraval, in junagadh ..... judgment and decree of the learned trial judge. thereafter, on a certificate having been granted by him under clause 15 of the letters patent, the present letters patent appeal was filed in this court and the three questions set out herein above were referred to a larger bench by the division bench. ..... in question was let out by the mortgagees with possession to the present respondent who was the original defendant in the suit out of which this letters patent appeal arises. on march 15, 1962, by a mutual agreement between the mortgagees with possession, namely, the trustees of bhuj lohana saraswati kanyashala trust ..... first appeal was filed against the order of the learned civil judge, senior division, junagadh in civil miscellaneous application no. 112 of 1964. when the letters patent appeal against the decision of j. m. sheth j., came up for hearing before a division bench consisting of a. d . desai and t. u ..... redemption of the mortgage, would still be protected under the provisions of the bombay rents, hotel and lodging house rates control act, 1947?'2. letters patent appeal no. 201 of 1971 is against the decision of our learned brother j. m. sheth j., sitting singly in first appeal no. 577 of .....

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Apr 16 1975 (HC)

Patel Gordhanbhai Garbadbhai Vs. Patel Bhagwandas Sanabhai and anr.

Court : Gujarat

Decided on : Apr-16-1975

Reported in : (1976)17GLR326

..... supreme court referred to above that the power of reviewing its earlier decision is a limited power and can be exercised only inter alia for the purpose of correcting a patent error or on other sufficient grounds analogous to grounds specified in rule 1 of order 47 the principle laid down in the aforesaid two decisions, in my opinion, apply to ..... so as to mean that the power of review can be exercised inter alia, to correct an error apparent on the face of the record that is to say, a patent error and for reshaping the decision in light of the correction of such an error which the court makes, then indeed the principle laid down by the high court of ..... could be characterised as vitiated or 'error apparent'. a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error. a clear case of error apparent on the face of the record would be made out if without any elaborate argument an error could be pointed out and it ..... arrive at a different decision purely upon appreciation of evidence. the power to review its earlier order is exercisable only for correcting a patent error. so far as 'error apparent' is concerned, if the court discovers a patent error in its judgment on review of the decision it indeed corrects that error and reshapes its decision in light of the correction of .....

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Nov 06 1975 (HC)

The State of Gujarat Vs. Hirasing Kesarising Solanki

Court : Gujarat

Decided on : Nov-06-1975

Reported in : 1977CriLJ104; (1976)GLR844

..... the victims by the use of force. in view of these eloquent facts, the discretion exercised by the learned magistrate in releasing the opponent p.s.i. on bail was patently and grievously erroneous.15. as a result of the aforesaid discussion the petition filed by the state is allowed and i direct that the opponent p.s.i. who is ..... criminal procedure code in such a manner would be an obvious and perverse reading of the section, and such a reading of the section, to my mind, would result into grave and patent miscarriage of justice. in the present case, two police officers had filed necessary affidavits and the affidavits did show that opponent p.s.i. was not sick at the relevant ..... fetter is put on the powers of the sessions court to cancel a bail order by the statutory language employed in the section. in my view, the learned sessions judge patently erred in taking the view that unless there are some new circumstances taking place subsequent to the offender being released on bail, then only, the sessions court can direct the ..... petition under article 227 of the constitution.9. mr. b.j. shelat, learned public prosecutor appearing on behalf of the state has very strongly urged that the impugned order has patently resulted into a gross miscarriage of justice. mr. shelat also urged that the statutory language employed by sub-section (2) of section 439 of the code of criminal procedure, 1973 .....

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Nov 19 1975 (HC)

Addl. Commissioner of Income-tax and Others Vs. Chandulal C. Shah and ...

Court : Gujarat

Decided on : Nov-19-1975

Reported in : [1977]107ITR91(Guj)

..... -fledged partners in the socalled sub-partnership. thus, the construction of the relevant stipulations in the deed of partition, as canvassed by the revenue, leads to a situation which is patently illegal, because no minor can legally enter into a partnership agreement. section 30 of the partnership act puts a specific ban against a minor to be a partner, though it .....

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