Court : Gujarat
Decided on : Aug-24-1999
Reported in : (2000)1GLR680
..... court held that no person can claim exclusive right of descriptive name. similarly, delhi high court in the case of rupee gains tele-times pvt. ltd. v. rupee times, 1995 patents and trade marks cases, 384, held that the word 'rupee' is not distinctive word and it is connected with trade and business.29. what is the position here? the plaintiff ..... '.28.2. similar view was taken by the madras high court in the case of indo-pharma pharmaceuticals works limited v. citadel fine pharmaceuticals limited, air 1998 madras 347 = 1998 patents and trade marks cases 775. in that case the appellant had filed the suit for injunction restraining the respondents from infringing its registered trademark 'enerjase'. the other company was using ..... .1. similar question arose before the high court of punjab & haryana in the case of punjab state co-operative supply and marketing federation limited v. sona spices private limited, 1987 patents and trademarks cases 294 (punjab & haryana). in that case punjab & haryana high court has refused the injunction as claimed for as there was no similarity to deceive an ordinary customer ..... of the user....'28. similarly, reliance can also be placed on a decision of the madras high court in the case of parle products limited v. bakemans industries limited, 1998 patent and trademarks cases, 662 (madras) wherein similar question was called for determination. in that case the applicant was a registered proprietor of the trademark gluco. the respondent was selling biscuits .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-20-1999
Reported in : AIR2000Guj139; (2000)1GLR920
..... history, it was installed and was inaugurated on 14th august, 1862, at bombay, with almost similar powers conferred upon the judicature of calcutta. therefore, by virtue of the letters patent, the high courts in india came to be evolved. 37. the historians have noted that the establishment, existence, installation and subsequent working of bombay high court has left an ..... the single judge is referable to only and only the original jurisdiction and not appellate jurisdiction, revisional and criminal jurisdiction of the single judge. 25. the phraseology of the letters patent, the government of india act of 1915 and the government of india act, 1935, make it profusely obvious that the words 'original' and 'appellate: were used with ..... perverse and beyond the jurisdiction and without any application of mind and, therefore, is liable to be quashed in exercise of the appellate powers conferred under clause 15 of letters patent of bombay as applicable to gujarat. 10. the vehement submissions propounded by learned counsel mr tanna have been, seriously, opposed and countered by the learned counsel mr nanavati, ..... . rival submissions: learned counsel, mr tanna, inter alia, has opposed the preliminary objection about the appealability of the impugned order with the help of clause 15 of the letters patent of bombay. learned counsel, mr tanna, has raised the following submissions against the submission raising the maintainability of this appeal: (1) that the appealability of any order or for .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-10-1999
Reported in : (2000)2GLR235
..... judgment dated 10.9.99 alongwith necessary opinion immediately, and to instruct government pleader to give top priority to the filing of the letters patent appeal.-- on 10.12.99 the legal department put up a note on the file informing that the officers of the revenue department should ..... several occasions, but it was intimated by the office of the government pleader and the concerned assistant government pleader that the letters patent appeal can be filed only after receipt of the certified copy of the judgment and order, which were yet to be received.-- on 1 ..... department issued instructions to all the concerned competent authorities to prepare necessary materials and contact the government pleader and do the needful for filing letters patent appeals. a copy of the said instruction was also sent to the government pleader. -- the office of the government pleader was then contacted on ..... (u.l.c.) approved the aforesaid note/proposal on 18.9.99.-- the secretary (land reforms) also approved of the proposal for filing letters patent appeal on 20.9.99.-- the file relating to the aforesaid proposal was sent to the legal department on 21.9.99 for issuing instructions to ..... was delivered.-- the concerned officers collected the related data of the different cases and put up a note on 17.9.99 for preferring letters patent appeals against the impugned judgment and order as well as for taking proper action in other special civil applications pertaining to the urban land (ceiling .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-16-1999
Reported in : (2001)3GLR463
..... -3-1989 by which the rule was framed regarding the extension or otherwise of the probation period. the order sheet dated 5-10-2000 recorded in this letters patent appeal shows that mr. paresh upadhyay, learned counsel for the respondent no. 2 i.e. high court had submitted that he is filing a chart with regard ..... in the special civil application and in para 3 of this affidavit dated 10-7-2000 filed in the letters patent appeal, it was specifically pointed out that 11 civil judges, who were appointed along with the appellant, but had far poor record of disposal of cases, were ..... and on the same date, it was fixed for final hearing in the last week of august, 2000.7. we find from the record that in this letters patent appeal, an affidavit dated 10-7-2000 was filed by the appellant making reference to the civil application no. 3129 of 1997, which had been filed by him ..... a. does not survive and the same stands disposed of accordingly.'6. aggrieved from the judgment and order dated 16-8-1999, whereby the petition was dismissed, the present letters patent appeal was filed on 10-12-1999. appeal was admitted on 19-7-2000 by the court (coram: d. m. dharmadhikari, cj. and j. m. panchal, ..... drawn by him as an employee of the high court staffthe impugned order passed by the learned single judge is set aside and this letters patent appeal is allowed. the special civil application therefore stands allowed. no order as to costs.14. appeal allowed.schedule 'a'to .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-02-1999
Reported in : AIR2000Guj123; (2000)1GLR827
..... the judgment and order passed by the learned single judge dismissing the special civil application no. 2965 of 1992.2. the facts leading to the aforesaid letters patent appeal are as under :original special civil application was filedby likhi group gram panchayat through its sarpanch as well as by one shri prithuvisinh gulabsinh as power of attorney holder .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-17-1999
Reported in : (2000)1GLR851
..... mention that feeling aggrieved by certain directions which were given by the learned single judge in special civil applications no.9938/94 to 9949/94, letters patent appeals no. 871/95 to 881/95 were filed by the original petitioners. the division bench comprising the then hon'ble chief justice k.g. ..... to 5599/93 relate to proposed demolition of shops constructed in the building known as 'tulsi' situated at mithakhali, navrangpura, ahmedabad. 4. letters patent appeals no.640/94 to 651/94 arise out of judgment rendered by the learned single judge in special civil applications no.9938/94 to 9949/94 ..... of shops constructed in the same building i.e. vijay plaza. letters patent appeals no.634/94 to 639/94 which arise out of judgment rendered by the learned single judge in special civil applications no.5594/93 ..... in cellar, ground floor and first floor of the building known as 'vijay plaza' situated at kankaria road, opposite abad dairy, ahmedabad. 3. letters patent appeals no.630/94 to 633/94 which arise out of judgment rendered in special civil applications no.6167/93 to 6170/93 relate to proposed demolition ..... for our consideration in these appeals, we propose to dispose of them by this common judgment. 2. special civilapplication no.5555/93 out of which letters patent appeal no. 553/94 arises, was originally filed by 55 persons. pursuant to order dated june 18, 1993 passed by the court, petitioners no.56 .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-23-1999
Reported in : AIR2000Guj188; (2000)1GLR32
..... absence of sarpanch and up-sarpanch in accordance with the provisions to which the reference had been made by the division bench while deciding the letters patent appeal on 29th april, 1999 to which a detailed reference has been made hereinabove. had the author of the impugned order dated 19th april, 1998 ..... the provisions of section 55(4) and clause (v) of sub-section (2) thereof, as has been recorded by the division bench while deciding the letters patent appeal no. 269 of 1999. sections 55 and 59 are reproduced as under :'55. (1) save as otherwise expressly provided by or under this act, ..... pray that the order which is already passed by the learned single judge, if necessary, be varied and without prejudice to such liberty the letters patent appeal was rejected. an affidavit-in-reply dated 5th november, 1998 as tiled on behalf of the respondent no. 3 is on record to which ..... been treating him as sarpanch and had entered into correspondence with him as such. on behalf of the respondents, it was contended in the letters patent appeal that after the removal of the sarpanch, the up-sarpanch namely, laxmidas was called upon to function as sarpanch and take over the charge of ..... as was granted earlier was made absolute till the final decision of this special civil application. against this order dated 4th february, 1999, a letters patent appeal no. 269 of 1999 was preferred by the district development officer along with civil application no. 1875 of 1999. the petitioner claimed that he was .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-29-1999
Reported in : AIR2000Guj170; (2000)1GLR124
..... performed by the upa-sarpanch. it is an admitted position that in the case of thaltej gram panchayat, the division bench vide order dated may 10, 1999 passed in letters patent appeal no. 631 of 1999, has restrained the sarpanch from conducting the proceedings as sarpanch and, therefore, the present petitioner, who is upa-sarpanch has exercised and performed, powers and ..... from the rule that plain words should be interpreted according to their plain meaning. there need not be meek and mute submissions to the plainness of the language. to avoid patent injustice, anomaly or absurdity, the court would well be justified in departing from the so-called golden rule of construction so as to give effect to the object and purpose .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-30-1999
Reported in : (2000)3GLR2712
..... papers presented they have no option except to accept the same and to make necessary entry thereof in the computer. the registration of the applications, appeal from orders, appeals, letters patent appeals, civil revision applications etc., are being made without there being any scrutiny i.e., to say without seeing whether these are accompanying by necessary documents and are in conformity ..... we are following, adopting and permitting. the rules are very clearly, specifically and unambiguously have laid what are to be accompanied with the applications, regular appeals, appeal from orders, letters patent appeals etc. the rules relevant of the rules, 1993 are as follows:rule 8. refusal of registration of matters not brought in confirmity with rules : when any matter presented in ..... setting out the grounds on which the delay is sought to be excused shall be made. such an application shall be supported by an affidavit.rule 81. in all letters patent appeals, the following paper shall be filed:1. memorandum of appeal and a copy thereof; and2. two sets each containing copies of:(a) judgment of the high court,(b) memorandum .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-29-1999
Reported in : (1999)3GLR496
..... january 31, 1998 granting promotions to respondents no. 30 to 43 in letters patent appeal no. 1426/98, by those assistants who had passed written test, but were not called for oral interview; whereas special civil application no. 1298 ..... pursuant to the direction given by it to the office. ultimately, by an order dated january 31, 1998 respondents no. 30 to 43 in letters patent appeal no. 1426/98 were promoted to the post of section officers. thereupon special civil application no. 351/98 was filed challenging the order dated ..... . 351/98, is filed by candidates whose selection to the post of section officer, is set aside by the learned single judge; whereas letters patent appeal no. 1429/98 is directed against judgment rendered in special civil application no. 4298/98 whereby selection of the selected candidates is set aside ..... those assistants who had cleared written test, but were not called for oral interview; whereas letters patent appeal no. 1427/98 is filed by the high court of gujarat against judgment rendered in special civil application no. 1298/98 which was filed ..... of staff) rules, 1992, giving due weight age to all the three components of determination of merits as indicated in the judgment. 2. letters patent appeal no. 1426/98 is filed by the high court of gujarat against judgment rendered in special civil application no. 351/98, which was filed by .....Tag this Judgment!