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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 1988 Page 1 of about 28 results (0.005 seconds)

Aug 19 1988 (HC)

Naranbhai Jivram Patel Vs. Naranbhai Jothidas Patel and anr.

Court : Gujarat

Decided on : Aug-19-1988

Reported in : AIR1989Guj181; (1989)1GLR21

..... that the matter fell within the purview of art. 227 of the constitution as it stood prior to the 42nd amendment act. in that view of the matter, the letters patent appeal is clearly incompetent and not maintainable. the same is, therefore, dismissed accordingly. in the facts and circumstances of the case, there will be no order as to costs.19 ..... the 42nd amendment act.18. when we look at the judgment dt. 29 3-79 passed in special civil application no. 174 of 1978 out of which the present letters patent appeal has arisen, we find that the managing trustee and the principal of a secondary school had invoked the jurisdiction of this court under art. 226 of the constitution in ..... exercise of the power of superintendence the provisions of s. 107 of the government of india act (1915) or in the exercise of criminal jurisdiction.clause 15 of the letters patent provides for an appeal against the judgment of a single judge of the high court, unless it falls into one or the other of the aforesaid three categories.12. in ..... that no appeal was maintainable against the decision in question dated 29-3-79 in view of clause 15 of the letters patent and in view of the aforesaid constitutional position.11. as analysis of clause 15 for the letters patent clearly brings out that no appeal lies against any-one of the following categories of judgments(1) judgment passed in the .....

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Dec 09 1988 (HC)

Govindbhai J. Rokkadkar Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Dec-09-1988

Reported in : (1989)1GLR345

..... all, wants to agitate, he can do so in a civil court by filing appropriate suit for damages. while disposing of the letters patent appeal no. 194 of 1988, this court also followed the order passed in special civil application nos. 2979 of 1980, 3008 of 1980 and 3365 of 1980, dated 1st ..... violation of such conditions, the contract was terminated. thus, the facts of the present case are purely in the realm of contractual obligation and this court, while dealing with letters patent appeal no. 194 of 1988, came to the conclusion that in respect of such authorisation, no writ will lie. this court has also stated that the appellant, if at ..... contractual obligations by virtue of such a statute. there is absolutely no conflict between this decision cited by mr. shah and the one rendered by this bench in letters patent appeal no. 194 of 1988 dated 26-7-1988.4. for all these reasons and following the reasoning in the order in letters ..... patent appeal no. 194 of 1988 on the legal aspect as well as on the facts and circumstances of this case, this letters patent appeal is dismissed.5. at this stage, mr. r.n. shah, the learned counsel appearing for the ..... p.r. gokulakrishnan, c.j.1. this letters patent appeal is against the order passed by the learned single judge in special civil application no. 2499 of 1988. the matter is in respect of authorisation given to .....

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Apr 15 1988 (HC)

Bhikhabhai Kalyanbhai Vs. Pirabhai Vaghabhai

Court : Gujarat

Decided on : Apr-15-1988

Reported in : (1988)2GLR1282

..... v. sambasivarao reported in : air1978ap97 .11. a bench of this high court, consisting of myself and my learned brother dealing with a letters patent appeal which rose out of a miscellaneous civil application filed in civil revision application came to the conclusion that the said m.c.a. is in ..... a single judge decides an appeal from an appellate decree or order, his decision will not attract the applicability of clause 15 of the letters patent as such appeal would be expressly barred in view of the aforesaid legislative provision. it is obvious that from decisions in all appeals from appellate ..... were aggrieved by the said order, filed a review application on the said interim order without success. then they sought permission to file a letters patent appeal against the interim order passed by the learned single judge in the civil revision petition. in those circumstances, the bench of this high court ..... jayantkumar motichand doshi reported in 1985 (2) glr 710 a bench of this high court had an occasion to consider whether an appeal under letters patent will lie against an order passed by a single judge in the exercise of a revisional jurisdiction. in that case, pending a civil revision petition ..... construction given in the judgment and decree of the learned appellate court. aggrieved by the said order of the learned single judge the present letters patent appeal has been filed by the original defendant who is the appellant in the second appeal.3. without going into the merits of the case .....

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Apr 26 1988 (HC)

Commissioner of Income-tax Vs. Gautam Sarabhai Trust

Court : Gujarat

Decided on : Apr-26-1988

Reported in : (1988)71CTR(Guj)132; [1988]173ITR216(Guj)

..... then strive to so interpret the statute as to promote and advance the object and purpose of the enactment. it was pointed out that for this purpose and to avoid patent injustice, anomaly or absurdity, where necessary, the court may even depart from the rule that plain words should be interpreted according to their plain meaning. relying on the above decision ..... from the rule that plain words should be interpreted according to their plain meaning. there must be no meek and mute submission to the plainness of the language. to avoid patent injustice, anomaly or absurdity or to avoid invalidation of a law, the court would be well justified in departing from the so-called golden rule of construction so as to .....

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Sep 19 1988 (HC)

Kirit Kumar Somalal Jani Vs. Regional Provident Fund Commissioner and ...

Court : Gujarat

Decided on : Sep-19-1988

Reported in : (1989)1GLR233; (1989)IILLJ236Guj

..... of applicability of sub-para (6) of para 68-b by treating this to be further withdrawal for that purpose. in that view of the matter, the first respondent had patently erred in law and failed to exercise his jurisdiction in not granting the request of the petitioner for being given first advance from his provident fund account for the purpose .....

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Aug 22 1988 (HC)

Raj NaraIn Bajpai and ors. Vs. Central Board of Secondary Education, N ...

Court : Gujarat

Decided on : Aug-22-1988

Reported in : AIR1989Guj146; (1989)1GLR367

..... the o.n.g.c. seeking to rescind that concession already granted. in those circumstances, the matter was finally heard and the judgment has been passed today, dismissing the letters patent appeal. hence, we do not think that it is possible to continue the interim relief granted for all the teachers working in the gulf higher secondary school. nevertheless, the present ..... . for all these reasons and also in view of the reasons given by the learned single judge of this court for the disposal of the special civil application, this letters patent appeal is dismissed. in the circumstances of the case, there will be no order as to costs.20. mr. kalpesh zaveri wants to continue the interim relief granted in this .....

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Mar 30 1988 (HC)

Ahmedabad Khangi Prathmik Shala Sanchalak Sangh Vs. State of Gujarat a ...

Court : Gujarat

Decided on : Mar-30-1988

Reported in : AIR1989Guj225; (1989)1GLR1

..... . 21 of the general clauses act.5. for all these reasons, we are in complete agreement with the reasoning and finding of the learned single judge and accordingly, this letters patent appeal is dismissed.6. mr. panchal, the learned counsel appearing for the appellant, wants the stay already granted and continued up till today, to be continued for a further period ..... any constitution of the tribunal for the purpose of chapter vii-a of the act and the tribunal can be constituted only for the purpose of chap. vii-b. this patent mistake is sought to be corrected by the notification dt. 31st dec. 1987, by inserting the words 'chap. vii-b' in place of words 'chap. vii-a' occurred in the ..... , it has retrospective effect as and from the date of the original notification. aggrieved by the order of the learned single judge, the appellant has filed the above said letters patent appeal.3. mr. panchal, the learned counsel appearing for the appellant submitted that the government derives power to amend the original notification only by virtue of s. 21 of the ..... gokulakrishnan, c.j.1. this letters patent appeal is against the order of the learned single judge passed in special civil application no. 1077 of 1988. in that special civil application, the appellant herein questioned the authority .....

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Apr 26 1988 (HC)

Shardaben Kantilal Panchal Vs. Lief Insurance Corporation of India

Court : Gujarat

Decided on : Apr-26-1988

Reported in : [1989]66CompCas550(Guj); (1989)1GLR15

..... assured under the policy in question. hence rejected. notice discharged. ad interim relief stands vacated. 2. the judgment of the court was delivered by gokulakrishnan, c.j. 3. this letters patent appeal is against the order of the learned single judge dismissing the special civil application no. 3822 of 1987. the gravamen in the special civil application is that in the ..... and on that score, dismissed disputed questions of fact and as such, the remedy will be only before the civil court. it is as against that order, the present letters patent appeal has been filed. 4. mr. pujara, learned counsel appearing for the appellant, contends that the matter can be decided on the record available with the insurance company and also ..... only in a property framed civil suit. for all these reasons, we are in complete agreement with the reasoning and finding of the learned single judge and accordingly, the letters patent appeal is dismissed.

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Jun 18 1988 (HC)

Physical Research Laboratory and ors. Vs. Dr. Mukul Sinha

Court : Gujarat

Decided on : Jun-18-1988

Reported in : (1988)2GLR1355

..... paid to him during the interventing period as per the interim orders passed by the learned single judge. there will be no order as to costs.67. letters patent appeal no. 49 of 1984 filed by dr. mukul sinha stands dismissed with no order as to costs.68. in view of the above order. civil application ..... of his service is valid and no work has been extracted from him by the p.r.l. in the interim period.66. in the result. letters patent appeal no. 38 of 1984 filed by the p.r.l. and others is allowed, the judgment and order passed by the learned single judge in special ..... 23,000/-. the judgment under appeal was delivered as early as 23rd june, 1983 and on 17-8-1984, a bench of this high court admitted the letters patent appeal and adjourned the same to 1-10-1984. it is the case of the p.r.l. that apart from the sum of rs. 23,000/- ..... to the interim arrangement recorded by this court, vide its order dated 26th december, 1979. the above said findings are questioned on behalf of mukul sinha in letters patent appeal no. 49 of 1984, contending that the learned single judge, having set aside the impugned notice of termination, should have held that, by practice and ..... the learned single judge in special civil application no. 3337 of 1979.9. the observations and findings of the learned single judge, which are questioned in letters patent appeal no. 49 of 1984, are that the learned single judge, having quashed the impugned notice of termination, observing that it was founded on impervious and irrelevant .....

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Oct 28 1988 (HC)

Arun Subodhbhai Mehta and anr. Vs. Bhavnagar Municipal Corporation and ...

Court : Gujarat

Decided on : Oct-28-1988

Reported in : (1989)1GLR313

..... order as to costs.16. at this stage, mr. vakharia makes a request that the operation of the order that we have passed allowing the letters patent appeal be stayed for a period of 8 weeks from today in order to enable the respondents to pursue the matter in the supreme court. the request ..... otherwise, as stated above. it is hardly permissible to allow the hard facts of a case to make bad law.15. in the result, this letters patent appeal succeeds. the judgment and order dated 9-6-1988 passed in special civil application no. 2772 of 1988 reported in 1988 (2) glr 1273 by ..... view of the supreme court decision, even the view of the said division bench in the said letters patent appeal cannot advance the case of the respondents in the settings of the present case.12. moreover, the division bench has nowhere considered the aspect that ..... municipality in adjourning the meeting of 5-2-1974 indefinitely was not valid in law and cannot be upheld.in that view of the matter. letters patent appeal was dismissed by the said division bench and the decision of the learned single judge was upheld in all other respects.as discussed above and in ..... that the president had no power to adjourn such a meeting, which was convened before it was held. the said division bench in the said letters patent appeal against the said judgment disagreeing with the learned single judge came to the following conclusion:we are, therefore, unable to agree with our learned brother .....

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