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Judgment Search Results Home > Cases Phrase: patents Court: gujarat Year: 1994 Page 1 of about 42 results (0.005 seconds)

Apr 08 1994 (HC)

Duncan Agro Industries Ltd. Vs. Samabhai Tea Processors (P) Ltd.

Court : Gujarat

Decided on : Apr-08-1994

Reported in : (1995)1GLR380

..... understood that the defendant would be launching its product tea under the name 'sargam' in the market 'shortly.' thus this letter dated august 22, 1991, of l. s. dawar & co., patents and trade mark attorneys to the defendant firstly makes it clear that at least on august 2, 1991, the defendant knew that the plainitff had entered the market with its ..... . 11. the learned trial judge has very heavily and, in my opinion rightly, relied upon the letter dated august 22, 1991, received by the defendant from l. s. dawar & co., patents & trade mark attorney. that letter dated august 22, 1991, was written by l. s. dawar & co. to the defendant in reply to the defendants letter dated august 2,1991. that .....

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Aug 19 1994 (HC)

Dilavarsinh Khodubha Vs. State of Gujarat and ors.

Court : Gujarat

Decided on : Aug-19-1994

Reported in : AIR1995Guj54; (1994)2GLR1564

..... an order of the urban land tribunal were to be treated, in substance and in essence, as petitions under article 227 and, therefore, no letters patent appeal lies against the orders made by a single judge in such petitions, are, therefore, in our opinion, in conflict with the decisions of the ..... and thejudgment of the single judge, there was nomanner of doubt that it was an order passedunder article 226 of the constitution and,therefore, the letters patent appeal wasmaintainable against such order. 10. the principle laid down in umaji's case (air 1986 sc 1272) (supra) was followed by the full ..... may pertain to article 227, this ought not be held to deprive a party of the right of appeal under clause 15 of the letters patent where the substantial part of the order sought to be appealed against is under article 226. .....'the above observations of the supremecourt were reiterated in ..... of the bombay high court, given in a petition under article 227, by reason of such appeal being expressly barred by clause 15 of the letters patent of that high court. considering cases, where petitions are filed both under articles 226 and 227 of the constitution of india, the supreme court held ..... that the tribunal exercises judicial functions.4. in himatlal's case (air 1990 guj 130) (supra), the division bench was considering the question whether letters patent appeal would lie against an order of the single judge, in a writ petition filed against the decision of the tribunal, given in an appeal under .....

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Mar 04 1994 (HC)

State of Gujarat Vs. A.S. Patel

Court : Gujarat

Decided on : Mar-04-1994

Reported in : (1994)1GLR625

..... was observed in this case that, the learned single judge had not followed the earlier division bench order which was not to be treated as a precedent. in this letters patent appeal no. 316 of 1993 the bench observed that : 'our own assessment of the facts and circumstances of the case also convinces us that the order made by the learned ..... -1992 was not to be treated as a precedent, the said order cannot be regarded as has been binding on this bench. however, there is one further order in letters patent appeal no. 316 of 1993, in case of state of gujarat v. purshottambhai a. patel, dated 6th july, 1993, also by the division bench. the division bench took note of ..... . but this was again without referring to any provisions of law. strong reliance is placed on order dated 16th november, 1992 of the division bench of this court in letters patent appeal no. 451 of 1992, in case of m. r. gandhi v. state of gujarat, where again, similar relief was issued. in this case, however, it was observed that : keeping ..... b.n. kirpal, c.j.1. the question which has arisen for consideration in this letters patent appeal is whether a government servant, who is being proceeded against departmentally even after the superannuation, is entitled to receive full amount of gratuity and also commuted pension under orders .....

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Jan 18 1994 (HC)

Mahmad Hanif Shaikh Ibrahim Vs. State of Gujarat

Court : Gujarat

Decided on : Jan-18-1994

Reported in : (1994)2GLR1191

..... mechanically prepare report by naming the substance as the one named in the forwarding letter.12. in view of the aforesaid discussion, since the patent infirmity noticed in the report of public analyst is found to be fatal to the prosecution, it is indeed not possible to uphold and sustain ..... case may be, once the authority concerned makes inquiry and reaches to the conclusion that the lapse could and should have been avoided and yet but for the patent negligence was not avoided. accordingly, the trial court should also forward a copy of judgment and order to (i) the secretary, home department, government of ..... show-cause as to why departmental proceedings should not be initiated against them. in case, if it is ultimately found out that the lapse was patent and unpardonable, and there is no reasonable explanation to be offered, the concerned authority should not feel any hesitation in taking steps deterrent enough against ..... best of the results under the special acts. the other way to obtain the same is - whenever the accused gets acquittal because of some patent lapse and/or negligence either on the part of the concerned police officer and/or public analyst, as the case may be, the superior officer ..... and the public analyst in his turn preparing the report. in this case, the appellant has been given benefit of acquittal simply because of the patent remissness on the part of the public analyst while submitting his report! this does not necessarily mean that either the p.s.i, who seized .....

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Sep 05 1994 (HC)

The State of Gujarat Vs. Balubhai Madhabhai Zala

Court : Gujarat

Decided on : Sep-05-1994

Reported in : 1995CriLJ2588

..... delay, if there is a reasonable explanation available on record, and (vi) if further his evidence does not suffers from any of the patent vices pointed out hereinabove going to the root of the case, then the evidence of such witness can certainly be accepted even though other witnesses ..... witness found to be in any way interested or motivated [of course after close scrutiny such evidence also can be accepted], suffers from any patent vices such as material contradiction or inconsistency or improbability going to the roots of the case, then in that case, evidence of such witness ..... not support the prosecution, ignoring altogether other dependable piece of evidence available on the record, to that extent, appreciation of the evidence becoming patently defective was likely to result into miscarriage of justice. the vortex of embarrassing situation in which bai shardaben and vinuben were unfortunately caught and ..... acquittal when closely scrutinised has any substance worth the name to sustain the impugned order of acquittal. rather to put it positively, they are 'patently perverse' as could be seen from the re-appreciation of evidence that follows.6.1. to start with the aforesaid first reason of acquittal, ..... acquittal given by the trial court, it may be stated at the very outset that order of acquittal is on face of it is patently perverse' deserving quashing and setting aside the same, further warranting immediate order of conviction and sentence under section 302 of the indian penal code .....

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Apr 19 1994 (HC)

State of Gujarat Vs. ThA. Somaji Jamaji

Court : Gujarat

Decided on : Apr-19-1994

Reported in : 1994CriLJ3458; (1995)1GLR548

..... angle, in case of 'plea-bargaining' the accused has indeed no right to be heard on the point disputing the court's discretion to remand the case. strictly speaking, the patent illegal procedure adopted by the learned magistrate of recording 'plea-bargaining' is the matter between this court and the court of the learned magistrate, more particularly when this court does ..... not rest here for the simple reason that in any appeal for the enhancement of sentence, once the court reaches the conclusion that the impugned order of sentence suffers from patent vice of the 'plea-bargaining' and is accordingly perverse, the same amount to total disregard of the 'legal procedure' resulting into denial of fair and just trial both to the ..... )(b) along with the proviso appended thereto clearly demonstrates as to how and up to what extent the impugned orders of sentence are illegal and perverse and suffers from the patent vice of the 'plea-bargaining'! from the impugned judgment and orders, it also appears that the learned magistrate before passing the same has not cared to read the provisions of .....

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May 06 1994 (HC)

State of Gujarat Vs. Patel Jayantibhai Chaturbhai and ors.

Court : Gujarat

Decided on : May-06-1994

Reported in : (1994)2GLR1472

..... ground that the copy of the impugned judgment and order runs into gujarati which is proved to be a manifest handicap for this bench to consider. having come across this patent difficulty of the language we would be simply failing in our duty, as the constitutional functionary, if we do not make certain pertinent observations which are absolutely necessary to facilitate .....

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Apr 13 1994 (HC)

Naniben Becharbhai Vs. H.K. Dave Pvt. Ltd. and ors.

Court : Gujarat

Decided on : Apr-13-1994

Reported in : (1997)3GLR2171; (1998)IIILLJ219Guj

..... the poor lady !11. in view of the aforesaid discussion, the impugned order passed by the learned commissioner below ex. 44 apart from being ex facie unjust and harsh is patently illegal also, and accordingly, the same deserves to be quashed and set aside allowing this revision application with order as to the cost. m/s. india potash ltd. is accordingly .....

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Apr 30 1994 (HC)

Mr. Nayak, Branch Manager, Bombay Mercantile Co-op. Bank Ltd. and ors. ...

Court : Gujarat

Decided on : Apr-30-1994

Reported in : (1995)1GLR690

..... responsible bank officers who might have bona fldely exercised their duty. under the circumstances, when the complainant does not disclose any prima facie offence, the learned magistrate having committed a patent and obvious error in passing the order under section 202 of the code, the said order requires to be quashed, as such an inquiry would be nothing but a fruitless ..... court of the board of nominees. in this view of the matter, when even semblance of criminal offence is not made out, the learned magistrate has committed an obvious and patent error in passing the impugned order under section 202 of the code.4. mr. k.p. raval, the learned a.p.p. while opposing this application submitted that the same .....

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Sep 21 1994 (HC)

Kishanlal Shohanlal Taparia and ors. Vs. Shankerbhai Revabhai Patel an ...

Court : Gujarat

Decided on : Sep-21-1994

Reported in : (1995)1GLR191

..... to be mechanically issuing the process and thereafter indiscreetly adjourning the case from dates to dates to the utter embarrassment of the accused persons. in order to meet with such patently unjust harsh and merciless situation wherein on mere accusation, many a times groundless and false, the accused becomes victim of oppressive operation of the law, condemned before convicted, some serious .....

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